CC 11-19-84
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cc-659
CITt W \iUrlWlf.DlO. STAB W CALD'ORIIA
10300 TOJIIB AVBIIUB, cui'lÞtu..o, CA 95011
m.EPB0IB. ( '08) 25~-4505
tWUTI5S or 'fill ømm.&R MllTIlIO or 'fill GIft IDJIICIL
BBLD 011 IOVII.a 19, 19811 II JBB COUICIL CIUH8BR
CIfr JW.L, CUPaTIIO, CAL:troRJfIA
Hayor Jolmaoa called tbe ....tiD8 to oreSer at 6.50 p... in tbe Couøoll
Cballber, cu, Hall.
SALUTB TO TBB FLAG
ROLL CALL
Couno. Present: Gatto, P11.11\Ø, Rogers, Sparks, Hayor Jobnson
Statt Present: City ....""'p'" Quinlan
De[nJty C1~y Clerk V111arante
Di reotor ot Pub110 WOrks V1skovich
D1.reOtor ot Planning . Deve10PMnt S1sk
D1.reOtor ot Parks . Recreation Dowl1vg
Ci t, Attol'lMlY l111an
POSTPONEMB'ßS OR NEIl AGIIIDA ITEMS
Re~est It_ 28, 29. and 30 be rellOved troll the agenda.
Council acoopted tbe vitbdrava1 ot the appeal t'raI tbe residents regardiD8
Item 28, Stevens Cree;' ilaDcb Stables.
It vas the oonsensus ot the Council to continue It..! 29 to the _t1ng or
Deellllber 11.
Arter d1scussion with Mr. Jackson and Mrs. EDko. it vas IIIOVed by Counc.
Sparks, seconded by Coune. Rogers and passed with a 4-1 vote Counc. Gatto
dissenting, to continue Iteaa 30 to the Meting ot January 21, 1985.
STAFF REPORTS
1. Oral reports by statt _bers and submission or written reports.
City Manager's Report
City Manager Quinlan presented a statt report and requested a date tor a
5tudy ses~'on with Council.
It was the con~ens~s ot the Council to set December 5, 1984 trom 4 to 7
p,m. tor the study session.
2. Report on false alarm hearings,
Council accepted the False Alarm hearing report as presented by Finance
Director Snyder.
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MIIIU'lBS OF THB IOYBMBBR 19. 19811 COUIICIL MBBTDIJ. cc-659
Þ 3. Report 01\ Sol1d Vaste MaDa&..-nt Prograa.
4. Report on PaVeMDt MaDa&_t Progru.
Director ot Publ1c Works preMDted the Sol1d tlaate *'''''8 -t Report and
the Pav_t MaDa&_t Stud, to the COuncil.
councll aocepted the reports and atsted they voald torward any OOTlOts
regarding the Sol1d Waste Maaa¡¡eceDt !report to the D1reotor ot Public
Works within 45 days.
5. Treasurer's report.
Council accepted the Treaaurer's Report: aa preMDted by the Director of
Finanoe.
Direotor ot Planning & Develo~t Sisk preaeated a aemo to council
regarding a dratt BIR tor tile V1ilaa de SmIts Clara aDd requested a
response.
It vas moved by Col1!1c. Gatto. seconded by COUnc. Rogera and passed
unanÚlOuslY to authoriz.: Mayor JohDaOft to tnr_ the C1t, ot sants Clara
that alternatives II and !'i were aot desirable .8 ..., ot acoess to the site.
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COUNCIL REPORTS
Councll presented reports troll their various --' "IIions and COIIIi ttees.
COunc. Sparks reque.,ted that CoUDo. Gatto represent the city Oft the
Meaaure A Committee.
CONSENT CALENDAR
It vas !lOved by counc. Gatto, seconded by Counc. Rosers and passed
unanÚlOuslY to approve the COnsent Calendar.
11.
Resolution No. 64381 "A Reaolution ot the
Cupertino Allowing Certain Clailla and D 2
and trom the Funds aa Hereinatter Described
the Payroll Period Ending OCtober 30. 1<;84."
City Council ot the City ot
""s Payable in the aaounts
tor salaries and Weaea tor
12. R~solution No. 6443: "A Resolution ot the Cits Council ot the City ot
Cupertino Deolaring Weeds Graving on Certain Described Proper~y to be
a Public Nuisance."
13. Resolution No. 6445: "A Resolution ot the Citv Council ot the City or
Cupertino Approving Contract ~hange Order No, I tor City Hall
Re-rooting. Project No. 84_101."
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HIlUTES OF THE NOYBMBBR 19, 19811 COUNCIL HBBTIIG, CC-659
~ 14. Resolution No. 6IJ1J6. "A Resolut1no of the City Counoil of the CitJ ot
CUeprt1no Aooept1n& a Grant of Bas..ent for Storm Drain Purpos.. troll
Cupert1no UDJ.OD School Distriot Located at the Stevens Cre.k Sobool
Site Bast ot A1navorth ))rive."
15. Resolution No. 61141. "A Resolution of the City Counoil of the City ot
Cupltrtino Aooept1n& Grant of Bas..ent for Water Line PuJ'POa.a troll
CUpertino Union School Distriot Located at the Stevens ere." Sobool
Site Bast of A1nnorth ))rive."
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16, Resolution No. 6448. ". Resolution of the City Council of the City ot
CUpertino Aooept1n& Grant of Baseaent for Roadway Purposes troll South
Bay/Cupertino, a California L1a1ted Partrnership, Consisting of
ApproximatelY 0.11 Acres, Located on the West Side of
Saratoga-Sunnyvale Road North of Prospect Road."
17. Resolution No. 64491 "A Resolution of the City Counoil of the City of
Cupertino Aooepting a Grant of Basement for Sidewalk Purposes troa
South Bay/CUpertino, a California L1a1ted Partnership, Located on the
West Side of Saratop-Swmyvale Road North of Prospect Road."
18. Resolution No. 64501 ". Resolation of the City Counoil of the City of
CUpertino Approving Final Plan for Improvement ot Frontage Located on
tl!e West Side of Saratoga-Sunnyvale Road North of Prospect Road;
Developer, South Bay CUpertino, A California Limited Partnersbip;
Autboriz1n& tbe City Bns1neer '!'o Sign the Final Plan; and Autborizing
Execution ot AgNement 1n Connection therewith."
19. Resolution No. 64511 "A Resolution of tbe City Counoil of the City of
CUpertino AutboriZ1n& the Kxeoution of Deferred Agreement "ith South
Bay Cupertino, A California L1a1ted Partnership for Mhoel1aneoua
Munioipal iJIIprov8118nts, Inolud1n& Undergrounding, of Frontage on the
West Side of Saratop-Swmyvale Road North of Prospeot Road."
20. Resolution No. 64521 "1 Resolution ot the City Counoil of the City of
Cupertino Authoriz1n& the Exeoution of Deferred Agreement IIith Allan
G. Byer and Harian Byer ror the Improvement of Frontage on the Bast
Side or South De Anza Boulevard North of Bollinger Road."
21.
Resolution No. 6453:
Cupertino Approving
Modification Phase IT
"A Resolution of the City Counoil of the City ot
Contraot ChBnle Order No. 3 for Air Conditioning
- Maintenanoe."
22, Approval of minor grants recolIIDended by the Cable TV Advisory
Committee,
23, Minutes of tte adjourned , "gular meeting of 00 to bf'll" 30, 1984.
(cC-657A)
2JI, Minutes of the regular meeting of ~:ovemÞsr 5. 1984. (CC-658)
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PuIIu"l"l5S OF TBB IOVllMBBR 19, 19M COUJICIL MId~, cc-659
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AUS.
MOBS.
ABSBIITI
ABSTAIlI
Meabers ot tile City Counoil
Gatto, P1UD&Y, Rogers. Sparks, J()hft-
1I0De
lIooe
IIoDe
ITEMS RBHOVED FJICJt THE CONSBIIT CALERDAjt
25. IIone
ORAL eottm1IICATIOIIS
26. Hr. Bernie ltalvelage regardill8 lC1III Street detour.
Hr. ltalvelage vas not present.
27. Meabers ot the audienoe regardill8 matters not 011 the agenda.
IIone.
PUBLIC HEARIHG
28. Appeal or Planning ec-1ssion deo1sioa regardill8 Applioation 7-U-69.
Stevena Creek Ranoh Steblea.
t Removed per request by residents.
29. Consideration ot abandonment or vaoat1011 ot a portiOll of Adriana
Avenue.
(a) Resolution Mo. 6111111. "A ResolutiOll ot the City Counoil ot the
City ot Cupertino Ordering Vacat1011 ot a PortiOll ot Adri1U8
Avenue, troa Stevens Creek Boulevard to a Point Approx1llataly
200' IIorth. Reta1n1ng it as Publio Ut1Utl Basement, Sanitary
&Iller ~nt, end Publio Utilitl Basement as Provided in
SeotiOll 8320 Rt. Seq. ot the Streets aDd Highways Code ot the
Stste ot Calitornia."
Continued to Deceaber 17, 1984.
30. Appeals ot Planning Commission's approval ot Application 19-U-84, C&H
Develo )IDent 00.. and appeal ot certain provisions ot the use permit
(7-11 convenience store).
Continued to January 21, 1985.
PLANNING APPLICATIONS
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31. Application 8-TH-76 (Revised) ot Brent Lee: Consideration ot a chall8e
in location or deletion ot a pedestrian and equestrian ease.ent
through Lots 7 and 8 ot Tract 5990, EnviroDlllental Review:
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MDIUDS OF THE ROVEHBBR 19, 19811 COURCIL MBBTDIG, CC-659
31. (oontinued)
The projeot was previously assessed, benoe, no action 18 neoesaary.
The subject property is located at the southerlY terll1nua of Rabbow
Drive. ReoOlDended tor approval.
Direotor ot Planning and Development Sisk presented a briet statt report
to the Counoll.
Counoil disoussion ensued regarding the location of the eall_nt and the
Planning eo-1ssion's reo_nelations.
It was IIOVed by Couno. Plungy, seconded by Couno. Sparks and denied "ith a
3-2 vote with Couno. Gatto. Rogers, and Johnson dissenting to leave the
pedestrian and equestrian easeaents as ill.
It vas moved by Counc. Gatto. seoonded by Mayor Johnson and passed with a
3-2 vote witb Couno. Plungy and Sparks dissenting to approve the location
ot the easement per Planning eo.a1sllion Resolution 10. 25110 witb the
stipulation that it 1IIIprov_nts are to he inlltalled in the tuture, all
installation oosts, II81ntenanoe and liability llhall be borne by the
Hldpeninsula Regional Open Space District.
32. Applioation 22-U-84 ot Glaoier Bay, InO.1 Use Perait to operate a
1,100 sq. ft. Gelato (Ioe Creu) Shop and Environmental Review. The
projeot is categoricallY exempt, benoe, no aotion ill required. The
subject site is located in the De ADza SQuare Shopping center on the
east side of De ADza Boulevard akpproximately 125 n. south of
Sllverado Avanue. Reoa.ended tor approval.
It vas moved by Couno. Sparks, seconded by Counc. Gatto and passed with a
unan1llloua vote to approve ApPlication 22-U-84 of Glacier Bay. Ino. as per
Planning Resolution 10. 2584.
34. Report on bid opening, DPW 85-02, Television Produotion Equipment, and
award at contraot.
It was IIOved by Counc. Sparks, seconded by Counc. Gatto and passed with a
vnan1lllous vote to approve tbe bid award to California Video Sales in tbe
amount ot $11,006.84; allowed $9,904.54 be charged to GoveMllll8nt Channel;
approved $1,102,30 be oharged to Council Chamber Project.
35. Rose Blossom neighborbood traffic mitigation.
~i~ector of Public Works Viskovich gave a brip.f update on the traftic
issue in the Rose Blossom neighborhood.
It was moved by Counc, Gatt~, seconded by Counc. Rogers and passed with a
unanimous vote to set the Public Hearing date regarding traffic mitigation
in the Rose Blossom neighborhood to December 17, 1984.
Mayor Johnson requested the Clerk's office notify all the parties
involved.
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KIJIUTBS OF THE IOYBMBBR 19, 19811 COOICIL MBBTDO, cc-659
36. Cons1deration at an ord1111U1oe aend1n¡ deadline tor aubll1SS1OD at
ageDda ..terial.
(a) P1rat read1ns at Ordinanoe Ro. 1292. -AD Ordinanoe ct the C1ty
ot Cupert1no Allend1n¡ Cbapter 2.08.G..~, Methocl at Preaent1n¡
Matters to Counoll, ot the eupert1Do lbI1alpal Code.-
It vas IIOved by CoIIDO. P11IDQ, secondtld by Couno. Rosers and passed
unan1llously to read Ordinanoe Ro. 1292 by t1tle ODly and the C1ty Clerk's
rsad1ns to oonstitute the t1rllt read1ng thereot.
37. Proposed requ1rement to Ileal abandoned or unused veter wells.
It vas !lOved by CoIIDO. Sparlca, seconded by CoIIDO. RoseI'll and pessed v1th a
unan1mous vote to approve the requ1rement to _1 abandoned or unuse<1
vater wells.
38. Cla1ll tor equ1table 1nd8llD1ty and oOlDparative contr1bution - Vlabos
vs. Br188s, Barbero and Roundtree RoIIIeowners Assoc1ation et ale
It vas IIOvsd by CoIIDO. Sparlca, seaonded by Couna. Gatto and passed
unanimously to reject the olata.
WRITTEN C<HfUNICATIONS
39. None.
ORDINANCES
40. Se.)ond reading at Ordinance Ro. 12911 -An Ordinance at' the C1ty at'
Cupertino Alllend1n¡ Sect10n 1 at Ordinanae 10. 2 by Rezon1n& Two
priraels Wh1ch are Each .21 Aares (net) troa R3 to R2 Zone to Allow
~onstruot1on ot Two Res1dent1al duplex Bul1d1nga (Total ot' Four Units)
Located at the Northeast Corner ot' Park C1rale Dr1ve and the Northwest
COrner ot Park C1role Dr1ve Approx1.alatelY 400 Ft. North at' Alves
Dr1ve.-
It vas IIOved by ColIDa. PIIIDQ, seconded by Couna. Gatto and passed
unan1JDously to read Ord1nanae No. 1291 by tit::'e only and the C1t, Clerk's
reading to oonst1tute the second reading thereot'.
It was moved by COunc, Gatto, seconded by O>unc, Rogers and passed
unanimously to enact Ordinance No. 1291.
RESOLUTIONS
'11. None
N~N-AGENDA BUSINESS
42. Recognition by Mayor of special request~,
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KIJIUTIS ~ TBB 1fCì......... 19, 19M COUICIL 1uI5T.1IIQ, cc-659
J_s J-I(_ ...quested 8Ot1CD CD a -"II" 111 tJae Perll1 t .......41DI tile
bel'll reC \l1~t tor the V1d01'lob bulld1lll OD Torre and steY.... ere.-c
Boulenrcl.
Counoll dlsouaaloa _sued viti! start reprd1lll the propoHd obaJI&e.
It vas aored by CoImo. Spartca, seoĊded by CoImo. Roprs and palsed vit!l a
4-0 vote lfitb Couno. Gatto abata1n1D8 to ...ter tbe it.. to the P)__1".
CoIBill1011 as a II1Dor 01"'0\11' and requested start re-port back vitia tile
tind1Dga.
Meet1118 vas edjourned at 7.116 p...
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