CC 02-02-81
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CITY OF CUPERTINO, STATE OF CALIFORNIA
10300 Torre Avenue. Cupertino, CA 95014
Telephone: (40S) 252-4505
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL
HELD ON FEBRUARY 2, 19S1 IN THE CONFERENCE RooH, CITY HALL
CUPERTINO, CALI70RllIA
Mayor Rogers called the meeting to order at 6:17 p.m. in the Conference
Room of City Hall.
Counc. Present: Gatto, Johnson, Plungy, Sparks, Mayor &ogers
Staff Present: City Manager Quinlan
City Clerk Cornelius
City Attorney Kilian (6:40 p.m.)
Director of Parks aDd Recreation Dowling (6:55 p.~.)
Director of Planning aDd Development Sisk (7:00 p.m.)
Director of Public Works Viskovich (7:20 p.m.)
INTERVIEWS OF APPLICANTS FOR THE CABLE TV USERS COMMITTEE
It va.. moved by Counc. Gatto, secoDded by Counc. Johnson and passed unan-
imously to appoint Joseph Gruber to the coomittee as s representative of
the Library Commission for s tvo year term.
It wss ~ved by Counc. Gatto, seconded by Counc. Plungy snd passed unan-
imously to appoint Leonard Batchelor and Don Mackenzie to the committee.
It vss moved by Counc. Gatto, seconded by Counc. Plungy and passed unan-
imously to appoint Mr. Batchelor for four years and Mr. Ma~kenzie for a
two year term.
(City Clerk's Note: City Attorney Kilian srrived at 6:40 p.m.)
Hr. Jerry Stephens vho had vithdrawn his application to serve on the
committee offered his technical assistance to the committee st sny time.
,City Clerk's Note: Director of Parks and Recreation Dowling drrived at
6:55 p.m. Director of P1snning and Development Sisk arrived at 7:00 p.m.
Director of Public Works Viskovich arrived at 7:20 p.m.)
STAFF REPORTS
1. Oral reports by staff members and submission of written reports.
City Mana~er's Report
Budget Schedule 1981-82 - By consensus. Council approved the proposed
budget schedule with the change of lIonday, May 25 to Tuesday Hay 26. The
meetings shall start at 7:00 p.m.
CC-528
Page 1
Appointments
to Cable TV
Advisory Comm.
Budget sched- I
ule
Notice from IGC regarding SB 33 - A majority of Council expressed opposi- Oppose SB 33
tion to SB 33 regarding vehicle inspection of pollution control devices.
.2~
Proposed amend
ment of
Vehicle Code
Sewage treat-
ment
Highway 85
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HINUTES OF THE FEBRUAJlY 2, 1981 CITY COUNCIL MEETING
(Council took a five .tnute recess to pose for a photograph.)
California Vehicle Code - By consensus, Council referred to the Legis-
lative Review eo..ittee a proposal to 8m6nd Section 22651 of the
Calif~rnia Vehicle Code regarding current r~g1stration. Staff viII
ascertain as to whether or not lack of vehicle registration ia a
problem in Cupertlnc.
Sewage Treataent Concerns Update - Council will review tha final agree-
ment regarding sewage treatment facilities.
Update on Highway 85 Corridor EIS - By consensus, Mayor Rogers was
authorized to aign a letter to the Department of Transportation requeat~ng
that an alternative for Bighway 85 be studied at tå1s tiae. Council
also authorized the City Attorney to prepare 8p~cial leg1elation stating
that ..hen right of way for a corridor 18 abandoned, the property go to
the affacted City.
At 7:30 the 118eting was adjourned. Mayor Rogers called the meeting to
order in Council Chambers at 7:40 p.lI.
SALUTE TO THE FLAG
ROLL CALL
Counc. Present: Gatto, Johnson, Plungy, Sparks, Mayor Rogers
Staff Present:
City Manager Quinlan
City Clerk Cornelius
Director of Public Works Vi0'~v1ch
Director of Planning aDd Development Sisk
Director of Parks and Recreation Dowling
City Attorney Kilian
STAFF REPORTS
2. Report on proposed public hearing to modify existing policies for
improving public streets and utilities along minor frontages
of single family lots as outlined in Cupertino ~Iunicipal Code,
Chapter 14.04.
Pubhc hearing It was moved by Counc. Gatto, ',econded by Counc. Sparks and passed
set unanimously to accept the staff report and approve the public hearing
date of Tuesday, February 17, 1981.
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CONSENT CALENDAR
8.
Resolution No. 5541: "A Resolution of the City CoW\cil of the
City of Cupertino Allowing Certain Claims and Demands Payable
in the Amounts æ1d from the Funds as Herainafter Described for
Salaries and ¡~ages for the Period Ending January 13, 1981."
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HINUT.;;s OF THE FEBRUARY 2, 1981 CITY COUNCIL MEETING
9. Resolutio" No. 5542: "A Resolution of the City Council of the City
of Cupertino AlloviD8 Certain Clalaø and Deaands Payable in the
AaoUDt ..nd froll the Funds 88 Hereinafter l)eacr11,ed fa. General and
Miscellaneous Expenditures for the Period ~ding January 22, 1981."
10. Resolution No. 5543: "A Resolution of the City Council of the City
of Cupertino Approving Contract Change Order No. I for EolliD$er
Road Storm Drain Project 81-08."
11. Resolution No. 5544: "A ResC'lution of the City COlmcil of Lhe Ci~y
of Cupertino Declaring its Iutention to Order Vscation of a Portion
of a Slope Essellent Within the City of Cupertino Pursuant to Section
50430 et seq. of the Government Code of the State of California,
Fixing Ti~ snd Place for nearing and Providing for Notice Thereof;
Lot 8, Tract 6401, Lindy Lane."
12. Re.olution ~o. 5545: "A Resolution of the City Council of the City
of Cupertino Approving Lot ~ine }.djustment and the Deferred Iaprove-
meat of Property Located .10D, El Cerrito Road b, Wern~r Itell and
Gloria Item; Authorhing XKecution of Agreement in Connection There-
vith."
13.
Resolution No. 5546: "A Resolution of the City Council of the City
of Cupertino Accepting Grant of Easement for Roadway Purposes froll
Werner Item and Gloria E. It.. Consisting of Approxillately .05 Acres
Located along San Juan Road and El Cerrito Road."
14. Resolution No. 5547: "A Resolution of tbe City Council of the City
of Cupertino Approving Contract Chanre Order No. 1 for Regnart Storm
Drain Proje<:t 81-07."
15. Resolution No. 5548: "A Resolution of the City Council of the City
of Cupertino Approving Contract Change Order No. 1 for Mann Station
Pil>Íng and Manifold Project 80-38."
16. Acceptan<:e of City project performed under contract: Reguart Road
Storm Drain Project 81-07.
17. Request for waiver of busines3 license fees.
(a) PrC'ject Seed. Inc.
(b) Fire Fighters Rodeo.
l8. Approval of the minutes of the regular City Council meeting of
January 19, 1981. (CC-527)
It was moved by Counc. Sparks. seconded by Counc. Plungy and pa~sed unan-
iL'Inusly to approve the Consent r:aleudar.
CC-528
Page 3
Consent Calen-
dar approved
.528
e 4
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Public hearing
closed
Negative Dec.
for 48-Z-80
48-Z-80
approved
First reading
of Ord. 1091
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MINUTES OF THE FEBRUARY 2, 1981 CITY C~ùNCIL MEETING
Vote
Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
Gatto, Johnson, Plungy, Sparks, Rogers
None
!l.>ne
None
ORAL cc»IIUNICATIONS
19. Harie Duddy, 11092 Clarkston Avenue, addressed Council regarding
heavy traffic and speeding in residential areas. Council authorized
the City Manager to request selective enforcement of trsffic violators
in the vicinity of Clarkston, Cast1eton and Columbus. The Department
of Public WOrks viii review the area for the possibility of installing
Mitigating measures.
PUBLIC RE.UINGS
20. Application 48-Z-80 of Anthony Coccisrdi and C. Yancey: Rezoning
approximately .84 gross acre from RI-lO (Residential, Single~family,
10,000 sq. ft. minimum lot size> zone to Rl-7.5 (Residential,
Single-family, 7,500 sq. ft. minimum lot size> zone snd Environmental
Review: The Planning CoDa1ssion reco...ends the granting of a
Negative Declaration. The subject property is located on the south-
east corner of HcClellan Road and John Way. RecoĊaended for approval.
(a> First reading of Ordinance No. 1091: "An Ordinance of the
City of Cupertino Amending Section 1 of Ordinance No. 2 by
Rezoning Approximately .84 Gross Acre frc~ Rl-lO Zone to
Rl-7.5 Zone; Located on the Southeast Corner of HcClellan
Roaù and John Way."
It was moved by Counc. Sparks, seconded by Counc. Johnson and passed
unanimously to close the public hearing.
It was moved by Counc. Plungy, seconded by Counc. Sparks and passed
unanimously to grant a Negative Declaration for Application 48-Z-80.
It was uDved by Counc. Plungy, seconded by Counc. Sparks and passed
unanimously to approve Application 48-Z-80 per Planning Commission
Resolution No. 2168.
It vas moved by Counc. Plungy, seconded by Counc. Sparks and passed
unanimously to read Ordinance No. 1091 by title only the the City Clerk's
reading to constitute the first reading.
21. Ap~lication 49-Z-80 of C~earlake Development Company: Rezoning
approximately 1.93 gross acres from P (Planned Development with
kesidential 10-15 dwelling units per gr0ss acre) zone to P (Planned
Development with commercial and or office use intent) zone anù
Environmcntal Review: The Planning Commission recommends the
ðranting of a Negative Declaration. The subject propcrty is
located on the north side of Stevens Creek Boulevard approximately
100 ft. easterly of Randy Lane. Recommended for approval
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HIHUTES OF TIlE n:BRUARI 2, 198~ <'ITY COUNCIL MEETING
21. (a> First reading of Ordinance No. 1092: "An Ordinance of the City
of Cupartino Amending Section I of Ordinance No. 2 by Reloning
A¡>prc;xil!lstely 1.93 Gross Acres frOll P Zone to P Zone; Loc.ted
on t~.<o North Fide of Stevens Creek Boulevard Approxiutely 100
Ft. Easterly of Randy Lane."
PLANNING APPLICATIONS
23. Application 32-U-SO of Clea-.-1ske Development Company: Use Permit
to construct s two-story ~ffice building consisting of approximately
30,000 sq. ft. snd Environmental Review: The Plsnning Commissi~n
rccommends the granting of a Negative Declaration. The flubject
property is located on the north side of Stevens Creek Boulevard
spproximately 100 ft. easterly of Randy Lane. Recommended for
approvsl.
Bill Irvine, proje~t architect, informed Council he was present to answer
sny questions.
It vas DIOved by Counc. Sparks, aeco&ded by Couw-. Johnson and paased unan
imously to close the public hearing.
It wss DIOved by Counc. Gatto, seconded by Counc. Sparks and passed unsn-
imously to grant a Negative Declarati~n for Application 49-Z-S0.
It vas moved by Counc. Gatto, seconded by Counc. Sparks snd passed unan-
iaously to approve Application 49-Z-S0 per Plannir.g Commission Resolution
No. 2171.
It vas DIOved by Counc. Plungy, seconded by Counc. Gatto and psssed unan-
imously to read Ordinance No. 1092 by title only and the City Clerk's
readins to constitute the first reading.
It vas moved by Counc. Gatto, seconded by Counc. Spsrks and passed unan-
imously to grant a Negative Declaration for Application 32-U-8a.
It was moved by Counc. Gatto, seconded by Counc. Sparks and passed unan-
imously to approve Application 32-U-80 per Planning Commission Resolution
No. 2172.
PUBLIC HEARINGS (continued)
22. Appeal of certain conditions of Application 31-U-67 (Revised) filed
on behalf of Key Chevrolet.
It was moved by Counc. Gatto, seconded by Counc. Plungy and passed unan-
imously to continue the appeal to April 20, 1981 at the request of the
appellant.
ARCHITECTURAL AND SITE APPROVAL COMMITTEE APPLICATIONS
24. None
ITEMS lU}{OVED FROM TIlE CONSENT CALENDAR
25. None
CC-528
Page 5
Public hearing
closed
Negative Dec.
for 49-Z-80
49-Z-S0
approved
First reading
of Ord. 1092
Neg"tive Dec.
for 32-U-80
32-U-80
approved
Key Chevrolet
appeal contin-
ued
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cA-act to
KWch
KINUTES OF THE nBRUARY 2, 1981 CITY COUNCIL HEJrrING
UNFINISHED BUSINESS
~6. Tree removal at the Bel Air Hotel site - Sarstoga-Sunnyv.le Road.
Hr. Hichael Pollack, representative of Pollack and Polla:k Development
Co., requested that the neighboring residents address Council first so
that he could respond to them.
Hr. Dick Chsdwick, representing neighboring property owners, exprsssed
concern that the trees planted were too 811811 along the vesterly landscape
strip. Be also stated thst the trees looked too close to the fence
line. Be stated unhappiness with the proposed Silver Dollar Eucalyptus
as they were too spsrse aßd unstable. Be stated that residents would
be sstisfied vith the 10 or 12 foot slumps tone vall behind the trees
if Mr. Pollack vould not wish to put in larger trees.
Counc. Gatto, ss s informational statement, mentioned that 15 gallon
trees would probably grow fsster than the lsrger root bound tre3S.
Mr. Michsel Pollack submitted s list of amendments to the agreement for
the replacement of trees that he would like to have in the agreement.
Director of Planning and Development Sisk requested that a sentence
be added to the proposed agreeaent stating that the City would have the
right to go on the property and plant trees if this is not done by the
property owner.
Discussion ensued regarding a possible covenant to be recorded on the
property and if the City should require $8,000 cash to be submitte~ by
the developer or sn $8,000 letter of credit,
Hr. Robert Pollsck stated that previous meetings had referred to a
bond.
On Thursdsy. February 5, ASAC viII discuss the landscaping along the
~esterly prop~rty line which is the highest priority plsnting at this
time. Counc. Plungy expressed the belief that trees alon~ thst westerly
line should be larger and thicker than those planned. In order to
reach an agreement, Council directed the Pollacks to meet with the
neighboring property owners in the Conference Room. Counc. Gatto wculd
also attend that meeting.
RECESS - 9:00-9:15 p.m.
NEW BU3INESS
27. Report on bid opening for Dolores Avenue Waterline, Project 80-52,
and award of contract.
It was moved by Counc. Sparks, seconded by Counc. Plungy and passed
unanimously to award the contract for Dolores Avenue Water Line Project
80-52 to L. J. Krzich Pipeline in the amount of $7,434. appropriate $8,000
from the Water Line Extension Program which include~ contingency, and
deposit the $3,184 contributed by the developer in the Water Utility
account.
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MINUTES OP THE FDRUARY 2, 19S1 CITY COUNCIL MEETING
2S. Report on bid opening for electrolier conversion, Project Sl-l3, and
sward of contract.
It wss IIIOVed by Counc. Sparks, aeconded by Counc:. Jackson and pasaed una
imously to award the Electrolier Converai~n Project Sl-13 to DR and Co.
Electric in the aaount of $114,211. Council alao approved $3,515 for
purchase of extra luminaires for a total of $117.826.
Council disqualified Colebsnk, Ltd.'s bid as the required documents were
incomplete.
29. Request for vaiver of Senior Citizens Center fees submitted by
Cupertino Bistorical Society.
It vas moved by Counc. Sparks, second.ad by Counc. Gatto and passed unan-
imously to spprove waiving the fsciliUe' fee of the Senior Center for
the Cupertino Bistorical Soc:iety fund raising fsshion show. Stsff fees
shall not be waived.
30. Review of contract with EDviroDlDental Consultant for Sevens Springs
Ranch.
Council accepted tle rep-ct.
31. Review of contract with Environmental CODAultant for Ksrisni Devel-
opment.
Council accepted the report.
32. Request of Silveroaks Bomeowners Association to discuss completion
schedule of s residential/commercial development locat~d at the nort
west corner of Foothill and Stevena Creek Boulev~rd.
Hr. David Bley, 22266 Silver Oak Lane, president of the Homeowners Asso-
ciation, expressed complaints of homeowners st the Silveroaks develop-
ment.
Hr. Steven Hoffman of the Association also add~essed Council.
Hr. Ron Percy of Silveroaks West stated that the complaints should be
taken care of within 15 days and that he will meet with the owners.
It was moved by Counc. Sparks, seconded by Counc. Johnson and passed una
imously to cont' ue this matter to the meeting of February 17 at which ti
the Director of rlanning and Development will submit a progress report
to Council.
By consensus Council agreed that no occupancy permits shall be issued
prior to that date.
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CC-528
Page ¡
Contract to
CH & Co.
IlectrIc
Bid disquaU-
fied
Pees waived
for Bistorical
Society
Recport ac-
cepted
Report ac-
cepted
Sil verC'aks
West
Continued
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Appropriation
for sidewalk
on Stelling
Handicap rSlDp
at HcClellan
Ranch Park
Appropriation
for ramp
.
No appropria-
tion for
bookmobile
Second reading
of Ord. 1090
Ord. No. 1090
enacted
. reading
of Ord. 1093
MIBU'rl!S OF THE PEHUARY 2, 1981 CITY COURCIL MEETING
33. r~uest for appropriation for installation of sidewalks along
Stelling Røad as a joint effort ¥ith De Anza College,
It was moved by Counc. Sparks, secondad by Counc. Plunl)' and passed
unaDimualy to appropriate $3,000 f1'Oll the General Fund for Installation
of a ddewalk on the .,est side of Stelliug between Stevena Creek
Boulevard and a pout approximately 230 feet south,
34. Report OD haDclicap ramp at McClellan Ranch Psrk.
It vas moved by Counc. Plungy, seconded by Counc. Sparks and passed
unanimously to authorize the installation of a hsndicap ramp at Mc-
Clellan Ranch Park to be done in the most effective end economical
manner.
It was lDOVed by Counc. Gatto, seconded by Counc. PlUDgy and passed
unanimoualy tò appropriate the nl!cessary funds from the General Fund,
approxilMtely $5.500.
35. Request for funding of the bookmobile service, Santa Clara County
Library .
Barbara Campbell, County Librarian, addressed Council regsrding needed
funda for the bookmobile.
It wss IIoOved by Counc. Gatto, seconded by Counc. Rogers and passed
with Counc. Sparks dissenting to approve no appropriation of funds
for bookmobile service.
WRITTI:N COKMUNICATIONS
36. Non"
ORDINANCES
37. Second reading of Ordinance No. 1090: "An Ordinance of the City
of Cupertino Adding Sectio·c 2.74 to the Cupertino Hunidpal
Code Estsblishing a Cable Television Advisory Committee."
It was moved by Counc. Plungy, seconded by Counc. Gatto and passed
unanimously to resd Ordinance No. 1090 by title only and the City
Clerk's reading to constitute the second reading.
It was moved by Counc. Plungy, se~onded by Counc. Gatto and passed
unanimously to enact Ordinance No. lC?O.
38. First reading of Ordinance No. 1093: "An Ordinance of the City
of Cupertino Revising Chapter 3.24, Purchase of Supplies and Equip-
ment, Cupertino Huniripal Code."
It was moved by Counc. Plungy, seconded by Counc. Sparks and passed
unanimously to read Ordinance No. 1093 by title only and the City Clerk's
reading to constitute the first reading.
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MINUTES OF THE FEBRUARY 2, 1981 tIT! Couw.:IL MEEnNG
UNFINISHED BUSINESS (continued)
26. (continued)
Hr. Hichael Pollack stated that the nei8hbors had reached an agr....nt
vith the developers. Five trees shall be added to the proposed number fo
s total of 33 trees. 'lbe additional five trees, probably pine, shall
be 15-20 feet. Olive trees shall DOt be used, nor shall Silver Dollar
Eucalyptus.
It was moved by Counc. Sparks, seconded by Counc. Johnson ;:>:..d passed vi th
Counc. Plungy dissenting to accept an $8,000 irrevocable letter of credit
from the developers.
It was IIIOved by Counc. Gatto, seconded by Counc. Plungy snd passed unan-
imously to authori~e the execution of the agreement as SlDended. The
amendllents include the following:
(a) Owner install conatruction fence at the north, south and east pro~-
erty line only.
(b) An additional five treos, 15 to 20 feet, will be pldnted. All
other trees (28) shall be 15 feet.
. (c) The property owner shsll post an $8,000 irrevocable letter of credit
with the City.
(d) In paragraph 3, "beyond the DOrmal landscaping r..quirements . . .
fron~sge of Saratoga-Sunnyvale Road" shall be deleted, including
Item (2).
(e) Also in paragraph 3, should it become necessary, the time period
may be extended by an additional 180 dayq at the written request
of the prn~erty owner, to i,plement the approved plan if necessa~.
(f) Paragraph 4 shall state that the developer· shall post letter of
credit en or before March 1 and should the developer require addi-
ti~nal time regarding landscaping along the vesterly property line,
such extension shall be granted by the Planning Depsrtment as nec-
essary, not to exceed 90 dayq from February 2.
It was moved by Counc. Sparks, seconded by Counc. Plungy and passed unan-
imously to refe. a resolution pertaining to investments made by the
Public Employees Retirement System to the Legislative Review Co~mitte~.
.
It was moved by Counc. Sparks, seconded by Counc. Gatto and passed unan-
imously to urge all ares residents to purchase locally grown fruit in
order to minimize as much as possible any economic hardships caused by th
Hediterranean fruit fly.
It was moved by Counc. Sparks~ seconded by Counc. Gatto and passed unan-
imously to refer proposed legislation regarding bailout funds as men-
tioned in the last League of California Cities Legislative Bulletin to
the Legislative Review Committee.
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CC-528
Pa.e 9
lAtter of
credit
Execution of
agreøent
Resolution
referred to
LRC
Purchase of
fruit stripped
due to Medf ly
Bailout funds
lEgislation
referred to
LRC
628
.10
Creston 4
AS 284 -
Medfly
Sister city
pen pah
K11WlIS or THE FEBRUARY 2, 1981 CITY COUNCIL HDTIIIG
It was lIOYed by Counr.. Sparks, seconded by Counc. PlunlY and passed
unanboudy to send a letter to the Los Altos Plsnøing eo-iaaion
r8lardilll that city's possible ar.øexstion of the area designated Creston
4. The Diractor of Planning and Development shall attEd that co.tasion
..etiD¡.
City Clerk's ReIIort - It was moved by Counc. PlunlY, seconded by Counc.
Gatto and passed unanimusly to urge slQport of AI 284 regarding reillburse-
aent to cities for expenses incurred in the fight againat the Mediterranean
fruit fly. Assellbl)'ll8l1 Cortese and Senator O'Keefe shall be intoned
of this support.
COUNCIL REPORTS
Counc. Plungy requested ~hat Sound Offs regsrding pen pal. in our stater
city of Toyokav. be refured to him,
Emergency Plan The City Manager will check on the ststus of the CiLY'. Emergency Plan.
Hayerle case
.
San Felipe
Road case
.
It was IIOVed by Counc. Johnson, seconded by COUDC. Plungy and paaaed
unaniaDualy to adjourn to a closed session to discuss pending legis-
lation regarding the Mayerle case at 10:45 p...
At 11:00 p..., the meeting was readjourned in open session in the Council
Challlber.
Counc. Present: Gatto, Johnson, Plungy, Spsrks, Mayor Rogers
St&ff Present:
City Manager Quinlsn
City Clerk Cornelius
City Attorney Kilian
Director of Parks and Recreation Dowling
The City Attorney vss authorized to sttend an injunction hearing Feb-
ruary 25 pertaining to a suit filed against a developer and the City
regsrding San Felipe Road. The City Attorney shall also monitor
further actions in this matter. The Director of Planning and Develop-
ment shall communicate vith one representative of the plaintiff re-
garding a proposed joint meeting stating that. t should be more fruitful
after the hesring of February 25.
At 11:05 p.m., it was moved by Counc. Gatto, seconded by Counc. Johnson
and passed unanimously to adjourn to a meeting of the Board of Directors
of Cupertino Scene.
At 11:10 p.m., Council reconvened in open session and adjourned to
February 17, 1981.
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