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CC 04-02-79 --~'."'!" --.~~,....... ., ·...."'7"."'?f,........,':/'_:?"'Tt:-~-~...:""';".-~- -...··'··~7....~,..:o;'?~-:w~,~,,-fo'·_-......."""'> '~~~'1:':f~" CITY OF CUPERTINO, STATE OF CALIPOJUIIIA 10300 Torre Ave~ue, Cupertino, CA 95014 Telephone: 252-4505 MINUTES OF THE REGULAR MEETOO OF THE CITY COUNCIL HELD ON APRIL 2, 1979, IN THE COUNCIL C"riAHBER, CITY HALL CUPERTINO, CALUOJUllIA Mayor Meyers called the meeting to order in the Conference ~oom of City Hall at 6:40 p.m. ROLL CALL Counc. Present: Jac~Bon, O'Keefe, Rogers, Sparks, Mayor Meyers Staff Present: City Manager Quinlan Acting City Clerk Corne1iu8 Director of Public Works Viskov1ch Director of P14l1ning and Development Sisk Director of Parks and Recreation Butler City Manager's Report I ....~ .:_:c--O' CC-455 Page 1 It "'as moved by Counc. Sparks, seconded by Gounc. Jackson and passed ur.an No position imously to take no position regarding the (£mergency ambulance and para- taken medic services at this time. By consensus, staff was directed to develop a position paper re~4réing tÎ1P ¡¡CD Proßram to present to Council at their meeting of April 16, 1979. Council expressed their desire to maintain the integri.t)' cof the City's gr~ss roots program. Non-Agenda Staff Rpport It was moved by Counc. Sparks, seconded by Counc. Jackson and passed with Counc. O'Keefe dissenting that should Rainbow Drive be extended, Council would support the placements of islands at the intersection of Raiobow and Saratoga-Sunnyvale Road to eliminate any possible detrimental impact. Council also expressed their neutrality as to whether or nut Rainbow Drive is extend~á. Non'-A¡¡enda Oral Staff Report Director of Planning and Development Sisk informed Counci.l that an appl i- cation for change of zoning has been filed with the City of San Jose for a parcel at Prospect and Highway 9. This is within the area to be affected by the proposed boundary reorganization. It was moved by Counc. O'Keefe, seconded by Counc. fparks and passed unanimously for the Hayor to send a letter to San Jose requesti~g that they discourage this ap- plicant until such time as the reorganization goes through. Should the applicant wish ~o continue with his present request, San Jose would be encouraged to initiate a moratorium in the area. Position paper re HCD P.ainbow Drive extension ZonLlg applica- tion in area of boundary reorganization ~. Items re- moved; balance of Calendar awved . f,""",.'>'·-'·<> ~~~~:-: u.". ': ~:,!!f'""'C MINUTES OF TBE APRIL 2, 1979 CIT~ COUNCIL MEETING At 7:35 p.m. the meeting was adjourned, and reconvened in the Council Chamber e~ 7:40 p.m. SALUTE TO THE FI.AG ROLL CALL Counc. Present: Jackson, O'Keefe, Rogers, Sparks, Mayor Heyers Staff Present: City Manager Quinlan Acting City Cbrk Cornelius Director of Public Works Viskovich Director of Plllnnillg and Development Sisk Director of Parks ~nd Recreation Butler City Attorney Adams Assistant P181'lner Krame~ CONSENT CALENDAR The Mayor, at the request of Jo-Ann Gholson, cemoved It. 110. 16. Counc. Rogers requested that Items 22 and 23 be removed. It was aoved by Counc. Jackson, seconded by Counc. O'Keefe and passed unanimously to adopt the balance of the Consent Calendar. 7. Resolution No. 4949: "A Resolution of th", City Council of the City of Cupertino Allowing Certain Claims anti D~_nds Payable in the Aao"'nt and from the Funds as Hereinafter Described for General and Miscellaneous ExpendituiCes for the Seven Day Period Ending March 19, 1979." 8. Resolution No. 4950: "A Resolution of the City Council of the City of Cupertino Allowing Certain Claims and Demands Payable in the Amount and from the Funds as Herp-inafter Described for General and Miscellaneous Expenditures for the Seven nay Period En-ting March 26, 1979." 9. Resolution No. 4951: "A Resolution of the City Council of thp- 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 Payroll Period Ending March 27, 1979." 10. Resolution No. 4952: "A Resolution of the City Council of the City of Cupertino Approving Contracc Change Order No. 1 for Corporation Yard Project, DPW 78-Gl, EDA 07-51- 21353, Contract No.5, Electrical." 11. Resolutf In No. 4953: "A Resolution of the City Council of the City of Cupe~tino Approving Contract Change Or~¿r No. 2 for Corporation Yard Project. DPIJ 78-G1, E:;" 07-51-21353. Contract So 6, Air Ccn- ditionmg." 12. Resol·,tion No. 4954: "A Resolution of the City Council of the Cit:: of rJpertino Approving Contract Change Order No. 5 for Corporation Yard Project, DPW 78-Gl, EDA 07-51-21353. Contract ~.o. 14, GeneraL" . . . MIN\~F.S OF TBE APRIL 2, 1979, CITY COUNCIL MEETING 11. lIesolutùm Ro. 49551 "A RSllolution of the City Council of the City of Cupertino Approving Contract Change Order No. 2 for Traffic 811- nal Controller Inetallations, Project 79-2." 14. Resolution No. 4957: "A Resolution of the City Council of th. CIty of Cupertino Accepting Quitclaim Deed of Water Lines from Kai.er Aluminum & Chemical Corporation Located in the Westerly Portion of Cupertino." 15. Resolution No. 4958: "A RO!Solution of the City Council of the City of Cupertino Accepting Dedication of Real Property for Roadway Pur- poa@. from California Water Service Company; Located at the South- west Corner of Band1ey Drive and Mariani Avenue." 16. Removed 17. Resoluti.:>n No. 4961: "A Reaolution of the City Council of the City of Cuþertino Approving Parcel Map and Improvement Plans of Property Located along Results Way; Developer, Measurex Corporation; Auth- orizing Execution of Improvement Agreement; Authorizing Signing of Parcel M..p and Improvement Plans." 18. Resolution No. 4963: "A Resolution of the City Council of the City of Cupertino Authorizing Execution of Agreement with the Kidpenin- su1a Regional Open Space District Providing an Expanded and Varied Program .:>f Organized Recreational Activitiea for the Citizens of the City of Cupertino." 19. Acceptance of municipal improvements: (a) Tract No. 5959. Thrust IV, Stevens Creek Boulevard and Lock- wood. (b) Tract No. 5910, Rancho Deep Cliff Unit 2, Stevens Canyon Road. (c) Tract No. 6117, Vista Valley, Alcalde Road and Foothill Boule- vard. (d) Tract No. 6259, BAS Homes, Beardon Drive at Greenleaf. 20. Acceptance of City Project performed under contract: Varian Park Storm Drain Project 79-6. 21. Waiver of business license fee for Northwest Valley y's Hen's Club BBQ Dinner. 22. Removed 21. Removed Vote Hembers of the City Council AYES: NOES: ABSENT: ABSTAIN: Jackson, O'Keefe, Rogers, Sparks, Meyers None None None ,.'r"" CC-455 Page 3 ~5~ Previous posi- tion reaf- firmed, may be reconsidered . . .; .... MINUTES OF THE APRIL 2, 1979, CITY COUNCIL MEETING ORAL COKHUNICATIONS 24. Request from Floyd Clevenger to address Council reaardina annexation. Mr. Floyd Clevenaer, 3044 Aspen Drive, Santa Clara, addre..ed Council regarding hi. request to deannex from the City of Cupertino. It was moved by Counc.. Jackson, seconded by Counc. O'Keefe and paned unanimously to reaffirm Council's previous position denying the :uquest at this time. Council may reconsider at such time as Highway 85 is completed. PUBLIC HEARINGS It was moved by COl1nc. Rogers, seconded by ~unc. O'Keefe and passed unanimously to hear Item 25 and Item 26 together. 25. Application 2-Z-79 of Canyon View Estates (Richard Childress): Rezoning approximately 25 acres from Rl-80 (Residential, Single- family, 80,000 sq. ft. mintMum lot size); Rl-120 (Residential, Single- family, 120,000 sq. ft. mintMum lot size) and Al-43 (Agricultural, Residentia1,43.000sq. ft. minimum lot size) to RHS (Residential, Hillside, Slope-Density Formula) zone and Environmental Review: The Planning Commission recommends the granting of a Negative Declaration. Said property is located on the westerly ridge in Regnart Canyon approximately 800 ft. northwesterly of Regnart Road approximately 1,000 ft. southwesterly of the terminus of Lindy Lane. Recommended for approval. (a) First reading of Ordinance No. 921: "An Ordinance of the City of Cupertino Amending Section 1 of Orùinance No. 2 by Rezoning Approximately 25 Acres from .'1.1-80, Rl-l20 and Al-43 to RHS Zone; Located on the Westerly Ridge in Regnart Canyon ApproÄimate1y 800 Ft. Northwesterly of Regnart Road Approximately 1,000 Ft. Southwesterly of the Terminus of Lindy Lane." PLANNING APPLICATIONS 26. Application 1-iM-79 of Canyon View Estates (Richa~d Childress): Tentative Hap to resubdivide four parcels consisting of approximately 25 acres into six parcels equaling approximately four acres each and Environmental Review: The Planning Commission recommends the granting of a Negative Declaration. Said property is located on the westerly ridge in Regnart Canyon approximately 800 ft. north- westerly of Regnart Road approximately 1,000 ft. southwesterly of the terminus of Lindy Lane. Recommended for approval. Director of Planning and Development Sisk presented the background re- garding the proposed rezoning to Council. Richard Childress, 22025 Regnart Road; Kathy Nellis, 22322 Regnart Road; and John J. Hayes, Jr., Attorney for Mr. and Mrs. Nellis spoke in behalf oE the application. Hr. Hayes pointed out that as of this time, there has been no transfer of property between ~[r. Nellis and Mr. Childress. ~ ~ ,~,~ . . . -.. ,"',,' -:"::':, "1¥"I~~",:"J7'~ f~~j!\ "-,-';".~~ ;~;,,,v..-:~':'i' ,r ,,:r"'~,;;-;: r;~ T_" "Jf',~,,,,,,~(",'~.,.,>')';T"r:,!;, " HINUTU or THE APRIL 2, 1979, CITY COUNCIL MEETING Ja-Ann Ghollon, 22125 Regnart Road, asked questions regarding Cupertino's subdivision ordinlnce and Section 66499.30 of the Government Code. City Attorney Adams clarified that the intent of both the Cupertino subdivision ordinance and Government Code Section 66499.30 is to provide protection to purchasers. Mrs. Gholson also expressed concern regarding the fire access road and some bulldozing that has already been accomplished. Director of Planning and Development Sisk said that there had been a change in the emergency access road from the tentative map and that this change is considered insignificant. Robert Nellis, 22322 Regnart Coad, stated that the change had been made in order to avoid scarring the front of the hill. City Attorney Adams verified that one can modify a tentative map. Dorothy Wright, 22303 Regnart Road, requested that action be continued until such time as final discussions concerning the road are held. She stated her main consideration was the roadway. (City Clerk's note: The Childress application pertains to land contiguous ~ith the Nellis develop ment. Approval of final map for the Nellis development is also on Council's agenda.) City Attorney Adams gave his opinion that rights are set at the tentative map stage and new conditions cannot be imposed on the final map. CC-455 Page 5 Intent of ord and Code Fire access road Change ex- plained Request for continuation Attorney's opinion It was moved by Counc. Sparks, seconded by Counc. O'Keefe and passed unan Public hearin! imously to close the public hearing. closed It was moved by Counc. Sparks, seconded by Counc. Jackson and passed unan Negative Dec. imous1y to grant a Negative Dec1acation for Application 2-Z-79. granted It was moved by Counc. Sparks, seconded by Counc. O'Keefe and passed unan 2-Z-79 approvE imously to approve Application 2-Z-79 as per Resolution 1917 of the Planning Commission. It was moved by Counc. O'Keefe, second~d by Counc. Sparks and passed unan imously to rcad Ordinance No. 921 by title only and the Mayor's reading to constitute the first reading. First reading of Ord. ;;0. 921 It was moved by Counc. Sparks, seconded by Counc. Jackson and passed unan Negative Dec. imously to grant a Negative Declaration for Application l-TH-79. granted It was moved by Counc. Sparks, seconded by Counc. Jackson and passed unan l-TI1-79 imously to approve Application l-TH-79 per Planning Commission Resolution approved 1918. CC-455 P.6 Condition re access to equestrian trail Hembership in homeown"rs aWiation Res. No. 4960 adopted Hinutes ap- proved Minutes ap- proved . "~~"""''{:~:'.~ . MINL~ES OF THE APRIL 2, 1979 CITY COUNCIL KEETING ARCHITECTURAL AND SITE APPROVAL COKKlTTEE APPLICATIONS 27. None ITEMS REMOVED FROM CONSENT CALENDAR 16. Resolution No. 4960: "A Resolution of the City Council of the City of Cupertino Approving the Final Map and lIIIproveaent Plans of Tnct No. 6310 Located at the Westerly Terminus of Relnart Road; Developer, Robert C. Nellis and Kathy E. Nellis; Accepting Certain Easmentll; Authorizing Signing of Final Map and lIIIprovement Plans; Authorizing the Execution of Agreement in Connection Therewith." It was moved by Counc. Jsckson, seconded by Counc. Rogers and passed unanimously that with the final map there is to be recorded the condition that should access through Kaiser property to the Midpeninsu1a Regional Open Space District be terminated. an equestrian trail within a 100' easement located at the northern boundary of Tract 6310 will be accessible. This condition will be terminated when an alternate trail on Kaiser property is recorded 88 an ellS E!II1en t . It was moved by Counc. Jackson, seconded by Counc. Rogers and passed unan- imously to relieve the three lots that will become part of the Childress development from joining the homeowners association of the Nellis develop- ment. It was moved by Counc. Sparks, seconded by Counc. Jackson and passed unan- imously to adopt Resolution No. 4960. RECESS: 10:15-10:25 p.m. 22. Minutes of the regular City Cuuncil meeting of March 19, 1979. (CC-453) It was moved by Counc. Jackson, seconded by Counc. Sparks and p. with Counc. Rogers abstaining and Counc. O'Keefe absent to approv~ the minutes as submitted. 23. Minutes of the adjourned regular City Council meeting of March 26, 1979. (CC-454) It was moved by Counc. Jackson, seconded by Counc. Sparks and passed unanimously with Counc. O'Keefe absent to approve the minutes as submitted. (Counc. O'Keefe returned to the Chamber at 10:27 p.m.) UNFINISHED BUSINESS 30. Haster Agreement for the San Jose/Cupertino Boundary Reorganization (continued from March 26, 1979). City Attorney Adams stated that according the San Jose city staff, the rationale behind Section 11.04C is to eliminate the doubling up on benefits to the City of Cupertino. , I "S,':"'" .~ ';<" .' -'''õ 'r" "-,~, :' ",' '. ,., "'.-~'. " þ MINUTES OF THE APRIL 2, 1979 CITY COUNCIL MEETING It was moved by Counc. Jackson, seconded by Counc. Sparks and p.a.ed unan imous1y to approve paragraph C of Section 11.04. It was moved by Counc. Jackson, seconded by COUDC. Rogers and pasaed imous1y to authorize execution of the proposed master agreement and joint exercise of powers agreement. By consensus, Coun~il took Item No. 38 out of order. CC-455 Page 7 Para. C, Sec. 11. 04 approved unan Authorization to execute WRITTEN COMMUNICATIONS 38. Request from The Cupertino Historical Society, Inc. for the preser- vation and use of the Earl Parrish House when vacated as a Senior Citizen Center. Linda Sharman, Vice President of the Cupertino Historical Society, addressed Council regarding their request. It was moved oy Cou~c. Jackson, seconded by Counc. O'Keefe and passed unanimously to refer this matter to staff for an analysis of site, potential maintenance costs and proposed objectives of the Society re- garding use of t;.e bu.ilding. (Counc. Sparks left Council Chamber.) . NEW BUSINESS 31. Report cn bid opening and award of contract, Cabinets for the Senior Citizen Center. It was moved by Counc. Rogers, seconded by ~ounc. Jackson and passed with Counc. Sparks absent to award the contract to Burman Cabinet Corpor- ation for their bid of $6,465. 32. Composition of the Solid Waste Planning Committee. It was moved by Counc. Pngers, seconded by Counc. Jackson and passed unanimously with Counc. Sparks ahsent to approve a representative of the enviromnenta1 and recycling interests of the private sector becoming a non-votIng member of the Solid Waste Planning Committee. 33. Agreement with County of Santa Clara regarding provision of emer- gency services. (a) Reso1ut ion No. 4962: "A Resolution of the City Council of the City of Cupertino Authorizing Execution of an Agreement between the City of Cupertino and Santa Clara County for the Provision of Emergency Services to the City of Cupertino." . It was moved by Counc. O'Keefe, s~conded by Counc. Rogers and passed with Counc. Sparks absent to refer this matter to staff. (Cnunc. Sparks returned to the Council Chamber.) Item out of order Staff analysis Contract to Burman Cabinet Corp. Non-voting member . CC-455 pes Procedures reviewed Res. No. 4965 adopted Work to pro- ceed, appropri at ion made Plan approved . Widening auth- orized. appro- priation made Continued . Second reading of Ord. No. 918 -'-"''-.'~.- , -"'''~' '"'',''' :',' HINUTES OF TBE APRIL 2, 1979 CITY CODBCIL MEETING 34. Report from the Planning Comaiss1on regarding adoption of Procedural Manual Implementing the Below ltarltet Rate Housing Program. Assistant Planner Kramer reviewed the proposed procedures for the implementa- tion of the below market rate housiDa program. It was moved by Counc. Jackson, seco ..... by Counc. Sparks and pal!..ed with Counc. O'Keefe dissenting to adop~ Resolution No. 4965. Staff was dire.cted to work with the City A£torney and the Planning Co_1edon regarding a possible priority being &1~en to Cupertino residents. Staff will report beck to Council regardinc this matter. 35. Request for authorization and appropriation to proceed with rail- road crossing improvement projec:~ including mod1ficationof Bubb and Stevens Creek signals. It was moved by Counc. Sparks, secoaded by Counc. Rogers and passed unan- imously to proceed with th~ Stevens Creek Boulevard Railroad Grade Crossing and widening project and appropriate $51,500 from the Gas Tax Fund. 36. Approval of conceptus! plan for 10. De Anza Boulevard median land- scaping. It was moved by Counc. O'Keefe, secoaded by Counc. Sparks and passed unan- imously to adopt the conceptual p1ao for North De Anza Boulevard median landscaping. 37. Request for authorization of ~'I-- dlture from the traffic reduction fund for widening of Miller Aveaae from Phil Lane to Calle de Barcelona. It was moved by Counc. Sparks, seconded by Counc. Rogers and passed unan- imously to authorize widening of Miller Avenue from Phil Lane to Calle de Barcelona and appropriate $50,000 or 25% of the project, whichever is less, for fiscal year 1979-80, these funds to be appropriated from the Traffic Reduction Fund. UNFINISHED BUSINESS (continued) 29. Discussion of methods of selection of Commissioners (continued from Harch 19, 1979). It was moved by Counc. Sparks, seconded by Counc. O'Keefe and passed unanimously to continue to April 16. 1979. ORDINANCES 39. Second reading of Ordinance No. 918: Cupertino Amending Ordinance No. 575 Setbacks and Parkit.;: 1!.equirements ,:; Zone. II "An C'rdinance of the City of Relating to Permitted Uses, the Residential Duplex (R2) It was moved by Counc. Jackson, seconded by Counc. Rogers and passed with Counc. Sparks abstaining to read Ordinance No. 918 by title only and the Hayor's reading to constitute the second reading. . . . .. MINUTES OF THE APRIL 2, 1979, CITY COUNCIL MEETING It was moved by Counc. Jackson, seconded by Counc. Rogers and passed with Counc. Sparks and Counc. O'Keefe abstaining to enact Ordinance No. 918. 40. Second reading of Ordinance No. 9~9: "An Ordinance of the City of Cupertino Amending Ordinanc6 No. 779 Relat1ng to Permitted U..., Setbacks and Parking Requirements in the Multiple Family Re.1dant1a1 (R3) Zone." It was moved by Counc. Jackson, seconded by Counc. Rogers and paa.ad with Counc. Sparks abstaining to raad Ordinance No. 919 by title only and the Mayor's reading to constitute the second reading. It was ~~ved by Counc. Rogers, seconded by Counc. Jackson and passed with Counc. Sparks abstaining to enact Ordinance No. 919 41. First reading of Ordinance No. 922: "An Ordinance "f the City of Cupertino Amending Section 10.45.020 to Prohibit Night Time Operatio of Commercial Ground Sweeping Mar.hinery in Proximity to Residential Properties." It was moved by Counc. Jackson, seconded by Counc. Sparks and passed u~animously to resd Ordinanc~ No. 922 by title only and the Mayo~'s reading to constitute the first reading. RESOLUTIONS 42. No. 4959: "A Resolution of the City Council of the Cay of Cuper- tino Authorizing Execution of Agreement between the City and Reglin Mutual Water Company Stating Terms and Conditions for any Possible Future Acquisition by the City." CC-I¡55 Page 9 Ord. No. 918 enacted Second readin of Ord. No. 919 Ord. No. 919 enacted First reading of Ord. No. 922 It was moved by Counc. Sparks, seconded by Counc. O'Keefe and passed unan Continued imous)y to continue to April 16, 1979. 43. No. 4956: "A Resolution of the City Council of the City of Cuperti Authorizing Execution of Cooperative Agreement Among the State of California, County of Santa Clara, and the City of Cupertino Pro- viding for the Modification of the Traffic Control System and Safety Lighting at the Intersection of De Anza Boulevard and State Highway Route 280 Northbound Ramps." It was moved by Counc. Jackson, seconded by Counc. Sparks and passed unan5mously to adopt Resolution No. 4956. NON-AGENDA BUSINESS 44. Recognition by Hayor of special requests. (a) General Audience - None (b) City Council Adopt Res. No 4956 .. . CC-455 .10 Opposition to ISR survey Resolutions of appreciation . . "'''",'"0--' ·-T';"'~YI'_~~:.:.~~,":~~.¡;:~r- " ,>-' MINUTES OF THE APRIL 2, 1979, CITY COUNCIL MEETING Counc. O'Keefe stated his opposition to the scheduled survey by Inatitute for Survey Research. Øe will transmit his opposition to the Department of Health, Education and Welfare and to Johns Hopkins University. It was moved :'y Counc. O'Keefe, seconded by Counc. Rogers and passed unan- imously for the Mayor to draft reso1utiona of appreciation for Ann Anger and Wes Williams. Council adjourneð at 12:45 a.m. to 6:30 p..., April 16, 1979. 42~~ Acting City Cl .