CC 06-18-84
~. :_~1!". ~.'i4".'~;""-~::--~
cc-6'1
CITY OF CUPERTINO, STATE OF CALIFORIIU
10300 Tc,.re Avenue, Cupertino, CA 95014
Telephone: (408) 252-4505
HINUTBS OF THE RI!GULAR KBBTIIG or TU CITY ccmcIL
BBLD 011 Jon 113, 198" II THE COURCIL ClUMBB1t.
CITr HALL. CUPD!IlO, CALIPOIIU
Mayor Plungy called the _tins to ord.. at 6150 p... In
th~ Counoil Cbaaber, City Rall.
SALUTE TO THE FLAG
ROLL CALL
Couno. Present:
Gatto, Johnson, Rogers, Mayor Plungy
Couno. Absent:
Sparks (National Guard duty)
Statr Present:
City Managar Quinlan
City Clerk Cornelius
Direotor of Publio VOrlca V1skov1oh
Direotor of Pl8!1D.in8 aDd DeYeloJ)llellt Slak
Direotor ot Fir.anoe SnJder (¡en 8105 p...)
Director of Parks aDd Recreation DoIfl1DS(lett &105
p.m. )
Assistant to the City Hallaler Brown
City Attorney nlian
POSTPOMEHEHTS OR NEW AGENDA IT1!K'J
31. Consideration of vaoation of a port1œ ot Cordova Road
at Santa Lucia Road (continue to July 2, 198":.
32. Consideration or V'acatioa of a portioa ot Bollinger
Road at De Anza Boulevard (ooatinue to July 2, 1984).
44, Cla1.m for damages filed on behalf of !'antea!'" Etmnan
and Patrichan Etmnan,
46, Cla1.m tor damages riled on behalr ot Tze and Eater
Huang.
50, Har~ani Financial Company - Request tor General Piau
Amendment to oonsider an increase in rloor area ratios
for former service station in th~ southwest corner ~r
De Anza Bouleva~ L1d Homestead Road.
It was IIIOved by Counc. Rogers, seconded by CoU:'l'J. Gatto and
passed unanimously to continue items 31, 32, 44, 46 and 50
to the regular meeting or July 2, 1984,
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MlW'm 0' m.mll 16. ,~~ ~<m. Mll'!lm (œ."1\
STAFF REPORTS
1. Oral reports by staff _bel'S and subll1ssion of written
reports.
City Manager's Report
The City Manager inrol'lllld Council that upon signing ot
legislation by the Governor. statf would OOM baok to t....
to resoind the fireworks ordinanoe.
By oonsensus Counoil oontinued disoussiOll ot earthquake
insuranoe to the Jul, 2 _ting so that Couno. Sparks could
be present.
City Manager presented an update or state legislative
inrormation and the Counoil requestvd the City Manager
submit the oost when the tigures are available.
City Clerk's Report
It vas IDOVed by Couno. Johnson, seconded by C-,>uno. Rogers
and passed unan1lloualy to reappoint CoIUIO. Gatto to the
Santa Clara County Transportation Comaisaion.
It vas IDOVed by Counc. Gatto. seconded by Couno. Johnaon
and passed unanlœouelY to oontinue aooeptina applications
ror the ad hoo o~ttees until July 11 aDd to oonduot
interviews on July 16,
Direot?r ot Parks and Recreation Dowling presented an
update to Counoil regarding the July 4th aotivlties.
By consensus Counoil approved WSu,erstarsW oompetition.
2. Treasurer's report.
The Direotor ot Finanoe 1.ItoMl8d Counoil that they would
receive a Monthly treasurers report,
3. Report regarding noise complaint in Wheston Dri~e area.
4, Estimated time ot planting or trees on Stevens Creek
Boulevard in the Honts Vista area,
5. Report regarding settlement with Multisonics.
Items 3,4,5, were accepted by Council as inrormation.
6, Report on job desoription
position,
ror
publio relations
Council will respond in writing with comme~t~ pertaining to
the submitted joO desoription.
7. Update on Juan Bau~ista National Historic Trail Study.
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HIIIUTBS or TIll JUH 18, 1964 COUIICIL MEBTIIIJ (cc-6111)
Counol1 reoeived the it.. for 1nro~tiOD.
COUNCIL REPORTS
Couno. Johnson: Leg181at1ve Review eo.1ttee - It was
.oved by CoUDO. JohDaon, seconded by Couno. Gatto and
passed unanilllously to Support AD 3119 (Tazmer), AB 3271
(Gaapbell), AS 3665 (Tanner), AD 3566 (rau) and AB 3181
(Johnston), hazardous vaste; AB 1169 (Gaapbell), o~un1 t1
care faol1i ties; SB 1117 (Roberti), da, care prosra-, as
_dad to lover the aaount ot capital ouUa, and to Oppoae
AB 2648 (Costa), subdiviaiOD dedication requi..-nta; SB
1620 (Torres, at al), ooamunity care faoillt1es, extended
day care, Requested o...ents froll Superintolndent Del Prado
on SD 1718 and SD 17511.
CONSENT CALENDAR
Couno. Rogers I'8IIIOved It8111 No. 21. It vas .oved by Couno.
Gatto, seoonded by Couno. Rogers and passed unanillousl, to
approve the balanoe or the Consent Calendar as subaltted.
Couno. Gatto lllade special 1IIðntiOD or the grant to Miohelle
Mann tram the Cable TV Adv1sory Comaittee.
13. ReÐolution No. 6]48: "A Resolution ot the City Counoil
or t..be City or Cupertino Allowing Cart.in Cla1as end
¡¡''I':!'flds Payable in the Amounts and rroa the Funds as
Hereinatter Desorlbed tor General and Misoellaneous
Expenditures tor the Period Ending June 8, 1984."
14. ~oceptance ot Cit, projeots performed under oontraot:
(a) Miscellaneous vater uin replaoement,
64-04, Phases A and C.
Projeot
(b) Reoonstruction ot curbs, gutters and sidevalks,
Projeot 83-13A.
(No supporting docu1IIðntation necessary.)
15. Resolution No.
or the City
Order No. 1
80-08."
6349: "A Resolution or the City Council
or Cupertino Approving Contract Change
ror Foothill Boulevard Widening, project
16. Resolution No, 6351: "A Re~olution ot: the City Council
of the City or Cupertino Approving C~ntract Change
Order No, 1 for Stelling Road and Stevens Creek Traffio
Signal Modification, Project 82-05."
11. Approvpl ~f grant to Michelle Mann from Cable TV
Advisory Committee.
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MDUTES OF THE JUIIB 18, 19M COUIICIL HBETIHG (Ce-6J¡7)
18. Approval ot grant to Senior Citizen Cable tram Ca~le TV
Advisory eoa.itt...
19. Resolution 110. 6353: "A Resolution ot the City Counoil
Of the City of CUpertino Allowing certain Clai_ and
o-Dds PaJable 1n the Amounts and trom the Funds as
Hereinatter Desorlbed tor Salaries and Vales tor the
Payroll Period Bøding June 12, 1984."
20. Acceptanoe of 1lUDi0ipal blproveønts - WaJIUI 3argent
project - Orogrande Plaoe.
(No supporting dooUll8ntation neoessary.)
21. ReIIOved,
22. APPlication He-51, 180.12 - De Anza Prot'essional Center
(Ken Frangadakis/S. K. Browa Construction
Rec~nding approval ot site, architecture and
landscaping tor reBOdel of an existing ooaDerQial
building located 01\ the vest side ot De Anza Boulevard,
100 tt. north ot Urwin Lane. RecOlallended for
approval.
23, Resolution No, 6361: "A Resolution or the City Counoil
at' the City ot' Cupertino Setting Tiae and Place t'or a
Public Hearing to Consider Amendinl Resolution 6336 and
Designating Streets Subjeot to Perait Parking.
2J¡. Resolution No. 63521 "A Resolution at the City Counoil
at the City at' CUpertino Approving the Final Hap and
Improvesent Plans ot' Tract No. 7575 Located at
Rodrigues and Torre Avenue; Developer, Ha,oo,
Incorpora tad; Acoepting Certain Easeøn ts ; Authori zing
Signing at' Final Hap and Improvesent Plans; Authorizing
the Execution ot' Agreesent in Connection Therewith.
25. Minutes at' the ~gular meeting or June 4, 1984.
(CC-645)
26. Minutes ot' the adjourned regular meeting of June 5,
1984. (CC-646)
Ir~ß R~VED FROM CONSENT CALENDAR
21. Resolution No. 6354: "A Resolut1on ot' the City Council
of the City or Ouperëino Setting Time and Place for a
Public hearing to Consider an Amendment in the Service
Rates Charged by Los Altos Garbage Company for the
Collection and Disposal of R.;fuse In alld from the City
of Cupertino."
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lWIu1BS or TIm JUI1B 18, 198- COURCtL MEE'fDIO (ce-(M)
It vas œoved bJ Couno. Rogers, seconded bJ Couno, Gatto aD4
passed WWl1IIously to adopt the resolution and Nt the
publio I1eariD8 for July 18, 1984.
1M City Clerk vas requested to send a oopy of tbe Jul, 5
Counoil Minutes to the Chaaber of co.ero..
(7:35 Assistant to the Cit, Manager Brown leaves)
ORAL Cat4URIClrtOllS
28. Proolamation declaring June, 1984 as "Parks and
Recreation Month."
Direotor of Parks and Recreation was presented with the
proolamation.
29. Heabers of tbe audience regarding utters not on the
agenda.
James Anderson addressed Counoil reprding tbe noise
o:'dinanoe. lie suaested hov the City's ordinance oould be
_ded tor the sake of olarity. lie will be notified when
a revision or this ordinance is plaoed on the agenda.
PUBLIC HEARINGS
30. Use of Revenue Sharing t'WIds and adoption ot 1984-85
Cost Allocation Plan (Budget).
Direotor ot Finance Sn,der reviewed his
Council.
report with
Nanoy Burnett, CUpertino Tennis Club, presented the Counoil
1oo"1th st.atistics regardiDg the use ot the teMis oourts in
CUpertino. She stated thet thftre is a need tor !lOre tennis
f'aolliti~, in Cupertino as well as upgradi.ng of' the
lighting at the tennis courts at Meaorial Park. She stated
that she would like a coaaunity oenter in Memorial Park.
It vas IDOved by Couno. Johnson, seconded by Couno, Rogers
and passed unanimously to olose the publio hearing.
(a) Re~olution No. 6359: "A Resolution of' tte City
Council of' the City or Cupertino Adopkng an
Operating and Construction Budget for Fiscat Year
1984-85 by Ratifying Estimates of Revenues to be
Received in Each Fund and Appropriating Monies
Therefrom ror Specified Program Activities and
Accounts and Setting Forth Conditions or
Administering Said Budget,"
It was moved by Counc. Johnson, seconded by Coune. Regers
and passed unanimously to adopt Resolution No. 6359.
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kulu:r= OF THE JURE 18, 198_ COUIICIL KBB'l'I1IO (cc-6_7)
(b) Resolution 10, 6357: "A Resolution or the City
Counoll of the City or Cupertino Establishin& an
Appropriation L1JI1t tor Fiscal Year 1984-85."
It vas moved by CoWlO.Johnson, seconded by Couno. Rosers
L~d passed unan~ualY to adopt Resolution Nu, 6357.
(0) Resolution No. 6358. "! Resolution of the Clt,
Counoll ~*' tíIe City of Cupertino Se:.ting Bonded
Debt !aX Rate tor the Fiscal year 1984.85."
It was moved by Couno. Johnson, seoonded by Counc. Rogers
and passed unanimoual, to adopt Resolution No, 6358.
31. Continued.
32. Continued.
33. Hearing to report oosts ooncerning demolition of
abandoned bulld1n& at 22370 MaClellan Road.
(a> Resolution 110. 6362: "A Resolution of the Cit,
Counoll ot the Clt, ot Cupertino ContiMling the
Huilding Offioial's Report or the Cost for
Abat...nt of lluiaanoe Con.dst1n& ot an Abandoned
Building Located at 22370 MaClellan Road (API
357-5.1) and Ordering Said &.aunt be Colleoted on
the Tax Roll ot the Ci ty of Cupertino tor the
Fiscal Year 1984-1985,"
Director ot Plann1n& & Developaent Sisk reviewed the
baolcgrounel or the d~Ution ot the bulldin& with Counoil,
It was IIIOved by Couno. Rogers, seoonded by Couno, Johnson
and passed unanimously to ~lose the public hearing.
It was moved by Couno. Johnson, seconded by Rogers and
passed unanimously to adopt Resolution No, 6362,
PLANNING APPLICATIONS
34, Application 8.U.84 or George Somps: Use Permit to
construct a two-story orrice building totaling 2,600
sq. ft. and Eovironmental Review: The project is
categorically exempt, hence, no action is required.
The subject property is located on the north side ot
Stevens Creek Boulevard approximately 250 ft. west or
Blaney Avenue in a P (Planned Development) zoning
district. Recommended for approval,
Director of Planning and Development Sisk reviewed the
application briefly with Council.
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MI1IUTES OF1'BI JUlIE 18, 19811 COUIICIL MDTIm CCC-()J ?)
þ
It vas IIIOvecl by CoUUQ, Johnson, seconded by Couno, RoIers
and passed unan1llously to approve the AppliCÐtion per
Pl~~ing Commission Resolution 10. 2519,
35. Application 9-0-811 ot South PIt, Construction aDd
Develop.ents Use Permit to oonstruot a tvo-storJ
offioe building oonsisting or 81 ,000 sq. tt. aDd
Environaental Reviews The Planning ec-1aaion
reo_ods the granting ot' a Øegative Declaration. The
:3ubjeot property is locat.ed on the west side or
Saratoga-SunnTlale Road appro%1_tely 300 ft. north or
Prospect Road in a P (Planned Develop.ent with
co..eroial and residential intent) zoni~ distriot.
Recommended tor approval.
Director ot Planning and Development Sisk reviewed the
application with Counoil.
Soot t Trobbe, 511 Division St. , San Franoi.soo, was
available to answer Counoil questions.
It vas IIIOved by Coun". Johnson, seoonded by Couno. Rogers
and passed unan1llously to approve granting ot the Øegative
Declaration,
t
It vas IIIOved by Couno. Johnson, seoonded by Couno. Gatto
and passed unan1llously to approve the application per
Planning Commission Re~lution No. 2520.
36, Application 30-0-81 or Eli MaFly: AIIe~t ot Use
Permit to allow danoing and live enterta1~t within
the eXisting Eli ~Fly Restaurant/Bar establishment and
Environmental Review: The project vas previously
assessed, hence, no action is required. The Eli HaFly
Restaurant is located in the Rancho De Anza Shopping
Center ~n the southwest corner ot' Valley Green Drive
..,d North De Anza Boulevard in aPe Planned
DeveloPlllent) zoning distriot, Reoo..onded tor
approval,
Director or Planning and Vevelopment Sisk reviewed his
~sport with Council,
It ~s moved by Counc. Johnson, seconded by Counc. Gatto
and passed unanimously to approve the application per
Planning Commission Resolution No. 2522,
37, Application 10-U-84 of R. W. Costandi & Company: use
Permit to operate a video tape rental and sales outlet
consisting of approximately 1,250 sq. rt,
Environmental Review: The project is categoric&llY
exempt, hence, no action is required. The subject
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IUJIUTSS OF THE JU ß 18, 19811 COOICIL MBBTIIIO (CC-6J 1)
.
.
property is looatad on the southeast corner of Boaestead
Road and Stelling Road in a P (Planned DeveloPMDt wltb
reoreation, entertainaent anG l1a1tad ~ero1al 1!'Iteot)
zoning district. ReoOla8nded for :approval.
It vas JIOved by Couno. Gatto, s600aded by Couno. Roser" and
passed unan1lloual, to approve the app] iOlltion per Planning
Commission Resolutioa No. 2520.
ARCHITECTURAL AND SITE APPROVAL C<HUTTEE APPLICATIOIIS
38. None.
UllP'INISHED BUSIRESS
39. None,
I1EW BUSIRESS
.
40. Consideration ot resolution ot necessity to acquire tee
title tor oertain property alOlI Bianohi \íay.
(a) Resolution No. 6360: "A Resolution ot the City
Counoil of the City ot Cupertino, Count, ot Santa
Clara, California, Determining tbe Publio Interest
and Necessity Require the Aoquisition of BaatimOftt
and Direoting the Filing or ø.1nent Doaain
Proceedings."
Direotor ot Public Works Viskovloh reviewed the baokground
ot this item with Council.
Mr. Roberts, property owner, was present tor this item but
stated he would not Eke a presentation.
No one representi.ng Mr. Bianchi vas in Council Challlber.
It vas moved by Counc. Johnson, seconded by Couno, Rogsrs
and passed lInaniJlloualy to .luthorize the City Attorney to
proceed with I~nent Domain and adopt Resolution No. 6360,
41. Request ror ch.~ge or the constitution or the Cable TV
Advisory Commit~ee,
The City Manager revi~wed several scenarios and pl~lS ror a
possible revision ot the City's Cable ~elevlsion Committee
and establishing a non-profit agency,
.
City Attorney Kilian
necessary to look
agencies particularly
permissable.
ir.formed Council that it would be
into statutes regulating non-profit
to see if the 3/4 vote rule is
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MIIIu1ES OF T8B J1JIE 18, 19811 COUICIL MEBTIIG (cc-6117)
·
Don Maol:enzie, Cbairpersoo, Cable Telev1aioo AdYiaC!l!'1
eo..1ttee, asked Counoil four questioos; 1. Do you vat to
change the coaaittees structure? 2. Do ,ou vat to
establish a non-profit oorporation. 3. Sbould tbe
manag_nt board be a City funotion or do ,ou want to abarO
the power with United Cable and DeAnza CoUe;e? IJ. CaD a
non-protit agenoy be involved in leg1slatioo and does
Counoil wish to bave the ~ttee oontinue in tbat
funotion?
By ooosenllus the Counoil requuted thet the start explore
soeœrio 3 as subaitted by the City Manager aDd report
baok. The ooncern expressed was Counoil oontrol. Counoil
also directed ttv.t the existing c~ttee structure
continue and any restructuring be held in abe,anoe.
Counoil directed Mr. Mackenzie to send a letter to the
Superintendant of the school distriots with a carbon copy
to the governing board regarding the attendance ot their
representatives at Cable ec-1ttee _tinga.
The City Attorney vas directed to report back as to whether
or not meetings ot a boal-d ot direotors for the non-profit
agency, which would ir,olude two oounoil _bars, would tall
under the Brown Aot,
·
42. Claim tor dBuges tiled by Cal1tornia Stat.e AutOllObile
Assooiatior:,
It was JI'.....ecs by Couno. Johnson, seconded by Couno. Rogers
&:1d passed 1}.nan1lDoualy to reject the olaim and directed the
City Clerk to so notity the olaimant.
4). Claim tor damages filed b, Louis Corso.
It was IDOved by Couno. Johnson, seconded by Couno. Rogers
and passed unanimously to reject the claim and directed the
City Clerk to f"I'Ward the claim to the contraotor and
notity the olaimant ot this aotion.
44, Continued.
45. Request from Chamber of Commerce for wai..er of fees.
It was moved by Counc. Johnson, seconded by Counc. Gatto
and passed with a 3-0 vote vith Counc, Rogers abstaining to
waive the fees ror the Chamber and directed the staff to
install and remoVf the bann..r. Council recognized that
this would be precedent setting and it may be necessary to
take further action in the future. Staff was directed to
monitor the use or banners o..er the City streets.
·
46. Contlm'ed.
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..r'~""~"""~'"Ii'T"':',~,~,,",...,··;" .
!ûaUI.... OF TIlE JUlIE 18, 198J1 COUWCIL MRrIIIJ (cc-641)
47. Consideration or entering
Underground Service Alert.
lnt.c an aueeaent with
(a) Res?lutiOll 10. 6350: "A Reaolutioc ot the Cit,
Council cr the City or Cupertino AuthortziD&
Execution or A8I Hllðnt with "USA" (lJnderground
Service Alert) ProvidiD& tl')~ lIotirioation or
Excavationa in Publio Streets."
It vas IIOV~ by Couno. JObnaOll, seconded by Couno. Rogers
and passed unan1lloualy to &/Sopt Resolutioc Mo. 6350.
48. Request tro. ApPle Coaputer tor obange 1D. parking acne
on Kariani Avenue.
It was IIIOved by Couno. Rogers, seconded by Couno, Gatto and
passed unan1llously to adopt Resolution No. 6355 removing
the parking atalls.
49. Application 17-u-83 - Town Center ~ro:J8rties (Jolm
Vidovich) - Mod:l.t1oation or Use Permit - Architectural
and site plan lIIOdirications related to change in
grading plan.
Director ot Planning and Development Stale revined the
plans or the project with the Counoil.
Marvin ICirkeby, civil engineer, 1l'\S available to answer
Council's questions. In disoussing the possible water tlov
into Lake F.i.ltlllOre ApartlB8llts, Mr. Urkeby stated thet
there wouJ 1 be a surrace gutter and drainage oontrol at the
bottom or the retaining vall.
It was IDOVed by Counc, Jolmson, seconded by Counc. Rogara
and passed unan1lloualy to approve the application per
Planning Coœaission Resolution No, 2526.
50. Continued.
51, Interpretation ot General Plan (application ot tloor
area ratios to møtel development) - Pinn Brothers.
It was moved by Counc. Johnson, seconded
and passed unanimously to adopt the
Planning Commission Resolution No. 2525.
by Counc, Gatto
~otel policy per
WRITTEN COMMUNICATIONS
52, None.
ORDINANCES
53. None.
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KIlIUTBS OF n:B JU1Π18, 198IJ COUIICIL MBB'l'I1IO (CC-"1)
RESOLUTIONS
.
54. NODe.
NON-AGEllDA BUSIRESS
55. Recogn1tion b7 Ha,or of speoial requests.
(a) Ollllel'&l Audience.
Marv I1rkeb7 , addressed Couno1l regard1D¡ the now PUk1n&
ord11W108 be1Dg d1soussed at PlaMing eo.1.Ia1œ. Be
stated that the Central F1re Proteotion ntltr10t has
suggested that the C1ty look into sak1Dg pr1vate str~ta
come under the veh10le ~e as part ot the subd1vl81on
approval process.
Count:!!l d1reoted the D1rector of PlanniD¡ and Develo lll8llt
to review this subject and report back.
Ann ADger addressed Counoll regardiD¡ the tsstivities
planned tor the Hont~ Vista develo~t.
Couno1l requested that >:n update regardiD¡ the reaodeling
of City Hall be plaoed 011 the agenda tor July ~6th.
.
Council requested the eo..un1ty Services Offioer send a
tollov-up letter regard1Dg tile r8IIOval of political s1IM
in Cupertino.
The City Attorney infol'lled the Couno1l that the, can
prohibit all signs be1Dg Plaoed in publio right of veya
should they choose w do so.
By COllsenISUS, Council appointed Counoil_bers Johnson and
Plungy t:) look at management oOlRpensation.
ADJOURNMENT
The meeting was adjourned at 9:40 p.m.
(/z~/:~'~~
Dorothy ::orn '.us
City Cltlrk
It
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