CC 04-16-79
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CITY OF CUPERTINO, STATE OF CALIFORNIA
10300 Torre Avenue, Cupertino, California 95014
Telephone: 252-4505
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL
HELD ON APRIL ~6, 1979, IN THE CONFERENCE ROOK, CITY HALL
CUPERTINO, CALIFORNIA
Hayor Meyers called the meeti~g to order in the Conference Room of City
Hall at 6:37 p.m.
ROLL CALL
Counc. Present: Jackson, O'Keefe, Rogers, Sparks, Mayor Meyers
Staff Present:
City Manager Quinlan
Acting City Clerk Cornelius
Director of Public Works Viskovich
Director of Planning and Development Sisk
Director of Parks and Recreation Butler
HousL.~ Rehabilitation Counselor Hastings (7:05 p.m.)
STAFF REPORTS
1. Oral reports by staff members and su~ission of written reports.
City Manager's Report
By consensus Council approved the self-supporting summer swim program
which will be similar to last year's program.
It was moved by Counc. Sparks, seconded by Counc. O'lCeefe and passed unan
imous1y to réfer tne Flycastera¡ Inc:. request: faT use of the Senior Citi-
zens Drop In Center to the Parb' aød Recreation C01IIIÚ.ssion whicå' will re-
port back to Council.
Council received a communication regarding the North County M:.yors/Ma'3-
agers meetings. Counc. O'Keefe stated his position against too many
meetings taking key staff persons svay from City Hall.
Council requested that when Alcoholic Beverage Control applications ar~
submitted for their review, it be noted when they are renewals.
It was moved by Counc. O'Keefe. seconded by Counc. Sparks to reject a res
olution, "Resolution Supporting Congressional Initiat:"es That Would Re-
order Spending Priorities by Rejecting the Increase in the Military Bud-
get and Restoring Funds Cut from Essential Social Programs".
It was moved by Counc. Jackson and seconded by Counc. Heyers to table the
motion. This motion was defeated with Councilmemuèrs Sparks, O'Keefe and
Rogers d~ssenting.
The orIginal motion was passed with Counc. Jackson and Counc. Meyer~
dissenting.
CC-456
Page 1
Swim program
approved
Use cf Drop-I
CeD ter
'I Position re
','eetings
ABC applica-
ti.ons
Reject resolu
tion
CC.-A S6
p :
Not fy Soard
of 31 pervisors
Continued
Papf!r reviewed
Item to be
agendized
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MINUTES 0:' TP.:v. APRIL 16, 1979, CITY COUNCIL MEETING
The City Clerk was directed to notify the Board of Superviaors of thia
action.
2. Comparison of Worker's Compensation costs for CErA and non-CI!A
persons employed by the City of Cupertino.
By consensus Council continued this matter to their meeting of May 7, 1979.
3. Position paper regarding the BCD Program.
Council reviewed the position paper regarding the Housing and Co..unity
Development Program.
Mayor Meyers requested that the City Clerk agendize a report regardina
City Services Combining Zone for the May 7, 1979 Council meeting.
At 7:30 p.m., Mayor Meyers called the meeting to order in the Council
Chamber.
SALUTE TO THE FLAG
ROLL CALL
Counc. Present: Jacksc.n, O'Keefe, Rogers, Sparka, Mayor Meyers
Staff Present:
City Mana~er Quinlan
Acting City Clerk Cornelius
Director of Public Works Viskovich
Director of Planning and Development Sisk
Director of Parka and Recreation Butler
City Attorney Adams
CONSENT CALENDAR
Itemr. removed Mayor Meyers removed items 14, 16 and 21 from the Calendar. At the request
of Counc. Jackson, items 13 and 20 were ~emoved.
Consent Cat.
approved
.
It was moved by Counc. Jackson, seconded by Counc. Rogers and passed
unanLDo~a1y to approve the balance of the Consent Ca1enåar.
9. Resolution No. 4964: "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 Hereinafter Described for General and
Miscellaneous Expenditures for the Seven Day Period Ending April 2,
1979."
10.
Resolution No. 4966: "A Resolution of the City CO'Jncil of the City
of Cupertino Allowing Certain Claims and ~emands Payable in th£
Amo~nt and from the Funds as Hereinafter Described for General and
Hiscel1an~us Expenditures for the Seven Day Period Ending April
9, 1979."
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MINUTES OF THE APRIL 16, 1979, CITY COUNCIL MEETING
CC-4SfI
Page 3
11. Resolution No. '.974: "A Resolution of the City Council of tbe City
of Cupertino Allowing Certain Claims and Deaands Payable in the
Amounts and from the Funds as Hereinafter De.cribed for Salaries and
Wag.. for the Payroll Period Ending April 10, 1979."
12. Reao1ution No. 4968: "A Resolution of the City Council of tbe City
of Cupertino Approving Contract Change Order No. 2 for Corporation
Yard Project, DPW 78-Gl, EDA 07-51-21353, Contract No. 12, Til....
13 . Removed
14. Removed
15. Resolution No. 4971: "A Resolution of the City Councll of the City
of Cupertino Approving Parcel Map and Improvement Plans of Property
Located on the East Side of Scenic Boulevard South of the Intersec-
tion with Carmen Road; Developer, Craig A. Clark and Nancy Binneweg
Clark; Authorizing Execution of Improvement Agreement; Authorizing
Signing of Parcel Map and Improvement Plans."
16. Removed
17. Resolutions pertaining to Tract No. 6310, Robert C. and Kathy E.
Nellis.
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.
(a) ~eso1ution No. 4973: "A Resolution of the City Council of the
City of Cupertino Accepting Dedication of Equestrian Easements
and Pedestrian Ingress and Egress from Robert C. Nellis and
Kathy E. Nellis, Tract No. 6310."
(b) Resolution No. 4976: "A Resolution of the City Councll of the
City of Cupertino Quitclaiming Any and All Interests in Deferr
Agreements Previously Entered into by and between the City and
Ruth C. Nellis, Robert C. Nellis and Kathy E. Nellis."
18. Resolution No. 4967: "A Resolution of the '~il.v Council of the City
of Cupertino Amending Policy Number Three (Nú 1) of the M~n~óernent
Compensation Program."
19. Resolution No. 4977: "A Resolution of the City Council of the City
of Cupertino Declaring its Intention to Order Vacation of a Certain
Walkway Easement within the City of C~pertino Pursuant to Section
50430 of the Government Code of the State of California, Fixing Time
and Place for Hearing and ProvIding for Notice Thereof; Located with
in Tract 6040, Alcalde Knolls."
20. Removed
21. Removed
. 22. Hinutes of the City Council meeting of April 2, 1979. (CC-455)
Vote
AYES:
NOES:
ABSENT:
ABSTAIN:
Members of the City Council
Jackson, O'Keefe, Rogers, Sparks, Heyers
None
None
NOíle
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C<ä.i6
P,,4
Presertation
of illustra-
tions
Handicapped
parking ord.:
signs for
parking lots
Traffic light
.
Negative Dec.
granted
2-T!{-79
approved
.
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MINl1TES OF THE AnIL 16, 1979, CITY COOJICIL MEBTIlIIG
ORAL COMKUHICATI«*S
23. Presentation by "Ideas for Tomrrow" Jr. Acbiev.ent CoIIpaD)'.
Mr. Paul Beirne (Praident),Hr. Alex Szabo aDd Hr. Scott Webater of "Id...
for Tcmorrow" preaeøted the City witb original colond 1lluatratiø1la d...
picting scenes of Cupertino.
24. Jo-AnD GholsoD regarding handicap parking ordinllJlce.
It was moved by Counc. Jacbon. ..econded by Counc. Rogera and paaaed
unanimously that City staff prepare a handicapped parking ordinance to
be enforced and to report back to Council on this ..tter. Council alao
directed staff to look into the po~sibility of baving the Vehicle Code
revised regarding tbe necessity of posting signs at all entrances to
privately owned parking lots.
25. Jo-Ann Gholson regarding traffic light at Rainbow Drive and Stelling
Road.
Council took tbe request for iDlltallation of a traffic light at Rainbow
Drive and Stell1ug load under advisement.
PUBLIC HEARINGS
26. None
PLANNING APPLICAnORS
27. Application 2-~-79 of J. Cyril & Laprele Johnson: Tentative Map
to resubdiv1de eight existing parcels consisting of approximately
9.8 acres into three parcels. ?arcels 1 and 2 which equal a total
of approximately 3 acres are 1ucated within the City of Cupertino,
Parcel 3 equaling approxiJaate1y 6 acres is located within the City
of Los Altos. and Enviromaental Review: The Planning CoIIIDissioD
recommends tbe granting of a Negative Declaration. Said property
is located on the south side of Homestead Road approximately 300
ft. easterly of the intersection of Foothill Expressway. Recom-
mended for approval.
Duncan Madison, co-developer of the property, answered Council's questions
regarding condition 16 of Planning Commissio.\ Resolution 1926.
It was moved by Counc. Sparks, seconded by Counc. Jackson and passed
unanimously to grant a Negative Declaration to the project.
It was moved by Counc. Sparks, sec~nded by Counc. Jacks~n and passed
unanimously to approve Application 2-TH-79 with the conditions of Planning
Commission Resolution 1926.
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HIBU'J'ES OF 1'HE APRIL 16, 1979-, CITY t.w1'ltIJ. NII'l'IBG
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28. Application 4-TH-79 of Dunbar, MaddigaD & Coward (Civic Center
Professional Group): Tentative Map to subdivide approxiaately 1.4S
acres into two parcels equaling ap)roxiaately 1 a~re and .4S acres
each, and Environmental Review. The Planning CoDlllission recoĊaead.
the granting of a Negative Declaration. Said property ia located
within the Cupertino Town Center Office complex on the west .id. of
Torre Avenue approxillate1y 250 ft. northerly of Pacifica Drive in a
P (Planned Development) zoning district. Recommended for approval.
It was moved by Counc. Sparks, seconded by Counc. Rogers and pas.ed with
Counc. Jackson abstaining to grant a Negative Declaration for the project.
It was moved by Counc. Sparks, seconded by Counc. Rogers and paned with
Counc. Jackson abstaining to approve Application 4-TH-79.
ARCHITECTURAL AND SITE APPROVAL COMMITTEE APPLICATIONS
29. None
ITEMS REMOVED FROM CONSENT CALENDAR
Negative Dec.
granted
4-'lK-79
approved
13. Resolution No. 4969: "A Resolution of the City Council of the City
of Cupertino Approving Contract Change Order No. 2 for North De Anza
Boulevard Landscaping Proj ect 79-8."
It was movP~ by Counc. Jackson, seconded by Counc. O'Keefe and pKbD~d
unanimously to adopt Resolution No. 4969.
20. Acceptance of City projects: No. De ADza Boulevard Lanclscaping,
Proj ect 79-8, B. L Cohen Landscaping.
It was moved by Counc. Jackson, seconded by Counc. Sparks and passed \lnan- Project ac-
imously to accept the City projects. cepted
14. Resolution No. 4970: "A Resolution of the City Council of the City
of Cupertino Setting May 7. 1979, as the Date of Hearing of ðffected
Property Owners in the Matter of Cond_tion of Regnart Road as
Prescribed by the Codes of Civil Procedures."
It was moved by Counc. Sparks, seconded by Counc. Rogers and passed uuan-
imous1y to adop" Resolution No. 4970.
16. Resolution No. 4972: "A Resolution of the City Council of the City
of Cupertino Accepting Grant of Easement for Roadway Purposes from
Ellis L. Jacobs and Joan L. Jacobs, Located Along Re&nart Road."
.
It was moved by Counc. Sparks, seconded by Counc. Rogers and passed unan-
imously to adopt Resolution No. 4972.
21. Application HC-5l,3l2.6 - Richard Childress requesting approval of
grading for a single-family home located in Tract 6028, Lot 6, Reg-
nart Canyon. Recommended for approval.
Res. No. 4969
adopted
Res. No. 4970
adopted
Res. No. 4972
adopted
It was moved by Counc. Sparks, seconded by Counc. Jackson and passed unan- HC-5l-312.6
imously to approve Application HC-5l,3l2.6. approved
It was moved by Cuunc. Sparks, seconded by Counc. Rogers and passed unan-
imously to rescind condition 18 of Planning Commission Re501ution 1649.
UNFINISHED BUSINESS
31. Discussion regarding method of selection of commissioners (continued
from April 2, 1979).
Condition
r-:!:scinded
CC-4~6
..6
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Approve plan
Contract to
Rosendin
Transfer of
funds
.
Study of pol-
icy re con-
cessions in
public parks
Second reading
of Ord. No.
921
Ord. No. 921
enacted
.
·;1~.;~.~..~,~":C'::~~' <
MINUTES OF THE APRIL 16, 1979, CITY COUNCtL MEBTING
flEW BUSINESS
32. Pinal consideration of the Site Specific Plan for ''Monca Visea 19-2."
It was moved by Counc. Jackson, seconded by Counc. Spaw IIIId p....d
unanimously to approve the Site Specific Plan for th. propos ad ltemea Viata
island annexation.
33. Report on bid opening for Interconnect Conduit, Project 79-20, and .ard
of contract.
It was moved by COUDe. Sparks. seconded by Counc. O'Keefe and passed ~
imously to award the cor.cract to Rosendin Electric for their low bid of
$31,577.
34. Authorization to 1:ransfer $10,000 frOll General Fund into an account
to pay for signal .1InliHicationae Homestead and Tantau.
It was moved by Counc. Sparks, seconded by Counc. Rogers and passed unan-
imously to transfer $10,000 from the General Fund into an account to pay
for signal modification at Homestead and Tantau.
WRITTEN COMMUNICATIONS
35. "Sound-off" regarding concessions at Memorial Park.
Mr. Steve Kenny addressed Council regarding concessions at Memorial Park.
It was moved by Counc. Sparks, seconded by Counc. O'Keefe and passed
unanimously to refer the matter to the Parks and Recreation Co.-1sllion
at which time they sre to study the general policy regarding having con-
cessions in p.ml1c ;larks and bring their recommendation back to Council.
ORDINANCES
36. Second reading of Ordinance No. 921: "An Ordinance of the City
of Cupertino Amending Section 1 of Ordinance No. 2 by Re::oning
Approximately 25 Ac-:es from Rl-80, R1-l20 and Al-43 to RHS Zone;
Located on the Westerly Ridge in Regnart Canyon Approximately 800
Ft. Northwesterly of Regnart Road Approximately 1,000 Ft. S~uth-
westerly of the Terminus of Lindy Lane."
It was moved by Counc. Jackson, seconded by COUDC. Rogers and passed
unanimously to read Ordinance No. 921 by title only and the Mayor's
reading to constitute the second reading.
It was moved by COUDC. O'Keefe, seconded by Counc. Rogers and passed
unanimously to enact Ordinance No. 921.
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MINUTES OF THE APRIL 16, 1979. CITY COUNCIL MEBTDlG
37. Second reading of OrdiD.1llu No. 922: "An OrdinllDCe of the City of
Cupertino Alanding Section 10.45.020 to Prohibit R1pt Ti_ Opera-
. tion of Co_rcia1 Ground 9veepins Machinery in Prox1a1tyto .....
idential Properties."
It was moved by Counc. Jackson, sec01Ided by Counc. Sparks and pa..ed
unanimously to read Ordinance Ro. 922 by title only and the Mayor'.
reading to constitute the second reading.
It was moved by COUDC. Jackaon, secaaded by Counc. Sparks and paseed
unanimously to enact Ordinance No. 922.
38. First reading of Ordinance No. 924: "Ordinance of the Council of
the City of Cupertino Addins Chapter 16.48 to the Cupertino
Municipal Code, Authorizing Certain San Jose Officers, Employees
and Their Authorized Representative to Impl_t and Enforce
Building Regulations, Pend.U Under the Zoning Ordinance. and
Contracts for Ptblic and Private Improvement within Certain Ter-
ritory After Reorganization by Detachmen: froa San Jose and Anne
tion to Cupertino; and Further Authorizing Cupertino Officers,
Employees and Authorized ReprSllentativea to Implement and Enforce
San Jose Building RegulatiODe within the Proposed Reorganized Tar-
ritory after Such Reorg¡mization."
.
It was moved by Counc. O'hefe, seconded by Counc. Sparks and passed
unanimously to read Ordinance No. 924 by title only and the Mayor's
reading to constitute the first reading.
RESOLUTIONS
39. No. 4959: "A Resolution of the City Council of the City of Cuper-
tino Authorizing Execution of Agreeaent between the City and Reg1in
Mutual Water Company Stating Terms and Conditions for any Possible
Future Acquisition by the City."
It was moved by Counc. Jackson, seconded by Counc. Sparks and pagsed
unanimously to adopt Resolution No. 4959.
40. No. 4975: "A Resolution of the City Council of the City of Cuper-
tino Authorizing the Filing of an Application with the Metropolitan
Transportation Commission for Allocation of Transportation Develop-
ment Act Funds for Fiscal Year 1979-80."
It was moved by Counc. Jackson, seconded by Counc. O'Keefe and passed
unanimously to adopt Resolution No. 4975.
NON-AGENDA BUSINESS
41. Recognition by MaY0r of special requests.
.
(a) General Audience - Hrs. Ann Anger expressed her thanks to
Council for the resolution co~ending her f~r her efforts in
behalf of the City of Cupertino.
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CC-456
Pap 7
Second readin!
of Ord. No.
922
Ord. No. 922
enacted
First reading
of Ord. No.
924
Res. No. 4959
adopted
Res. No. 4975
adopted
Thanks for
commendatIon
CC-45fi
P.8
.
Town· Hall
Heeting
Water Comm.
interviews
Position re
expenditures
for traffic
control
Recommenda-
tions 0 f LRC
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MINUTES OF TBE APRIL 16, 1979 CITY COUNCIL MEETING
(b) City Council
Council set tentative dates of May 8 or May 15 for a TOWB !aU Keating to be
held in the West San Jose area at Hyde Jr. High School.
Intervit!IIB for applicants for the position u: Water Commi..:f.onar will be
held at 6:30 p.m. on Kay 7, 1979.
Counc. O'Keefe stated his position tha~ DO future monie~ ba spent for
additional interconnect systems or for the improvement of flow of traffic.
He will submit his position in writing at the next Council meeti~.
LeKislative Review Committee
I t was moved by Counc. Rogers, seconded by Counc. Sparks and passed
unanimously to oppose SB 332.
It was moved by Counc. Rogers, seconded by Counc. Sparks and passed
unanimously to "ppose AB 808.
It was moved by Counc. Rogers, seconded by Counc. Sparks and passed
unanimously to JUpport SB. 463.
It was moved by Counc. Rogers, seconded by Counc. Sparks and passed
unanimously to oppose SB 470.
It was moved by Counc. O'Keefe, seconded by Counc. Sparks and passed
unanimously to oppose SB 221.
It was moved by Counc. Rogers, seconded by Counc. Sparks and passed
unanimously to oppose SB 675.
It was moved by Counc. Rogers, seconded by Counc. Sparks and passed
unanimously to oppose SB 516.
It was moved by Counc. Rogers, seconded by Counc. Sparks ~nd paøsed
unanimously to oppose AB 901.
It was moved by Counc. Jackson, seconded by Counc. Sparks and passed with
Counc. O'K~efe abstainin~ to oppose SB 606.
It was moved by Counc. Roger~, seconded by Counc. Sparks and passed
unanimously to support AB 1b9l.
Staff was directed to get more information on SB 142.
It was moved by Counc. Rogers, seconded by Counc. Sparks and passed
unanimously to oppose AB 469.
It was moved by Counc. Rogers, seconded by Counc. Sparks and passed
unanin~usly to oppose AB 1233.
It was moved by Counc. Rogers, second"d by Counc. Sparks and passed
unanimously to support AD 849.
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MINliTES OF 'r.IE APRIL 16, 1979 CITY COIJHCIL MEETING
It was moved by Counc. Rogerø. aecoD:ied by Counc. Sparks and passed unan-
imously to oppose the Long-Tem I.ocal Gave~nt Financing Proposal an-
nounced by Ass.lbly Speaker Leo McCarthy and Minority Leader Paul Priolo.
It was IIGved by CouIIc. Rogers. secoDdfld by Counc. Sparks and passed unan-
imously to contact Mr. Cutler. Trianon Historical SocietY, and infora bi.
that the CitY does not deøire to appoint the repreøent.ltive from the Count
historical societies or the Cupertino 81storical Society, but that they
elect their OVII representatives.
At 9:40 p.m., the meeting vas adjou¡~ed to an Executive Session.
The meeting was reconvened in open sessIon at 9:55 p.m. and the Mayor ad-
journed the meeting to the Town Ball Het,tlng of April 30, 1979 at 7:30
p.m. at Jollyman School and to the regular meeting o! May 7, 1979 at 6: 30
p.m.
~æ~,·.
kt. ng Ci!y C k
CC-4S6
Pea. 9
Oppoøe propos-
al
l.epreøentative
to hiøtorica1
societies
Exec. session