Loading...
CC 06-18-79 4 4. . . . . ,-p,_,~~: .,:-> ..'1'v· City of Cupertino, State of California 10300 Torre Avenue, Cupertino, California 95014 Telephone: 252-4505 MItroTES OF THE REGULAR MEETING OF TIlE CITY COUNCIL HELD ON JUNE 18, 1979, IN THE CONFERENCE ROOM, CITY HALL CUPERTINO, CALIFORNIA At 6:40 p.m., Mayor Heyers called the meeting to order in the'Conference Room of City Hsll. ROLL CALL Counc. Present: Jackson, O'Keefe, Roge:s, Sparks, Hayor Meyers Staff Present: City Manager Quinlan City Clerk Cornelius ~irector of Public Works Viskovich Director of Planning and Development Sisk Director of Finance Snyder Deputy City Clerk Morisch Deputy City Attorney Kilian STAFF REPORTS 1. Oral reports by staff members and submission of written reports. City Hanager's Report ^ letter received from Barbara McGuigan regarding Lazaneo Drive safety features was referrP.d to staff for a report to be presented to Council July 2, 1979. By consensus staff was directed to send a letter to San Jose Mayor Janet Gray Hayes acknowledging her communication urging support or passage of an eq..itable long-term funding solution for cities beginning with the 1979-1980 fiscal year. By consensus, Council directed a letter be sent to Mayor Thomas P. Hc- Reynolds of the Town of Los Altos Hills in support of discussion of the Corridor Study at the July meeting of lCC. It was moved by Counc. Jackson, seconded by Counc. O'Keefe and passed unanimously to approve the insertion of one extra page in the July issue of the Cupertino Scene p"rtaining to boundary reorganization in- formation and the extra expenditure of approximately $500.00. Legislative Review Committee It was moved by Counc. Rogers, seconded by Counc. Jackson and passed unan imous1y to take the following actions on legislative issues: Support AL 1843, oppose 5B 462, SB 888, AB 1.802, SB 1757 and AS 699. Support the State HCD contrc·l léanguage in the Senate's version of the budget and direct a letter to be sent to Senator Smith stating this. CC-464 Page 1 LaZaDeo safety Funding for ci ties Corridor study Cupertino Scene re boundß.r:,~ re- organizati.on Legisl"ti .¡" Review . CC-464 P.2 Reconvened in Chamber ",,~,_.;,~..~"'t'!~~;. MINUTES OF THE .JUNE 18, 1979 CITY COUNCIL MEETING Support SB 365 pertaining to psychological testing for rape victims. At 1:30 p.~., the meeting was adjourned. Mayor Meyers called the meeting to order in the Council Chawber at 7:35 p.m. SALUTE TO TBE FLAG ROLL CALL Counc. Present: Jackson, O'Keefe, Roger~: Sparks, Mayor Meyers Staff Present: City Hanager Quinlan City Clerk Cornelius Director of Public Works Viskovich Director of Planning and Development Sisk Director of Finance Snvler Deputy City Clerk Morisch City Attorney Adams CONSENT CALENDAR rterns removed At staff request, Item 15 was removed from the Consent Calendar, and Counc. Jackson requested that Item No. 17 be removed. . . 7. Resolution No. 5023: "A Resolution of ~he City Council of the City of Cupertino Allowing Certain Claims and D~mands Payable in the Amount and from the Funds as Hereinafter Describ~d for General and Misce1~aneous Expenditures f"r the Period Ending June ~, 1979." 8. Reoso1ution No. 5025: "A Resolution of the City Council of the 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 June 5, 1979." 9. Resolution No. 5027: "A Resolution of the City Council oj' the City of Cupertino Allowing Certain flaims and Demands Payable in the Amount and from thf: Funds as Hereinafter Described for General and Miscellan- eous Expenditures for the Period Ending June 11, 1979." 10. Resolut!0n No. 5028: "A Resolution of the City Council of the City of Cupertino Authorizing !.xecution of Agreement between the County of Santa Clara and the City of Cupertino for the Street Improvement on Miller Avenue between Phil Lane and Calle De Barcelona." 11. Resolution No. 5032: "A Resolution of the City Council of the City of Cupertino Accepting Grant of Easement for Roadway Punoses from Angelo R. Quinterno Consisting of Approximately 0.078 An.'. Located on the North Side 'Jf Stevens Creek Boul"vard at the Southern Pacific Railroad." . t . . '.'T'·' ''-f;J:'ir::'' ''ff-('r:>< .","'\"....-'~,~, ;;.. MINUTES OF THE JUNE 18, 1979 CITY COUNCIL MElTING 12. Resolution No. 5033: "A Resolution of the City Council of the City of Cupertino Requesting R_val of the Pedeatrian Crosewalk at the Intersection of De Anza Boulevard and Alvea Drive." 13. Resolution No. 5034: "A Resolution of the City Council of the City of Cupertino Authorizing the Execution of Agreement with Ban. L. Barnes and Wanda J. Barnes. for Street IlIprovements and Water Main Installation; Merriman Road." 14. Resolution No. 5035: "A Resolution of the City Council of the City of Cupertino Approving Contract Change Order No. 1 for Interconnect Conduit Project 79-20." 15. Removed 16. Resolution No. 5037: "A Resolution of the City Council of the City of Cupertino Accepting Grant of Easement for Roadway Purposes from David E. DuFault and Val R. DuFault, Located Along Regnart Road." 17. RelOOved It was moved by Counc. Jackson, sec'Jnded by Counc. Rogers and passed una imously to approve t}¡e Consent Calendar. Vote Hembers of the City Council AYES: NOES: ABSENT: ABSTAIN: Jacicson, O'Keefe, Rogers, Sparks, Meyers None None None ORAL COMMUNICATIONS 18. Presentation by Mr. Henry Wespiser regarding the Cupertino/San Jose Boundary Reorganization. Hr. Henry Wespiser, representing Citizens for Boundary Adjustment Com- mittee, presented a dona:ion of $200 to be used for purchase of equip- ment for the Senior Citizen Center. 19. Hr. Fred S.. Claire regarding rent stabilization. Mr. Fred St. Claire addressed Council regarding the rent increase survey previously submitted by Mr. Bert Avery. He believed the survey misled Council and that if a task f?rce were to be formed, it should include representatives of apartment owners and renters. 20. Vivienne Ne;son regarding rent inequities (Chairman of Rent Inequi- ties Commission of the Senior Coordinating Council of Cupertino). Mrs. Nelson expressed her opinion that a one person task force does not work effectively. The Senior CoorJinatin& Council of Cupertino is con- ducting its own survey a~d will ~ubmit a copy to Council. CC-464 Page 3 Consent Cal- Illidar approved Donation for Senior Ci ti zeT Center Rent increase survey Survey by Senior Crjorù. Counc. of Cupertino . CC-464 P4I4 Re_st from C~lic Social Service Agency Mon;;" Vista ParK Develop- ment Public hearing cl "'sed Maintenance and repair of sidevalks Res. No. 5029 adopted . ·,,'.-CO'.""'-· MINUTES OF THE JUNE 18, 1979 CITY COUNCIL MEETING Mr. Avery of Avery Construction, Mountain View, and owner of Glenbrook ApartDl8nts in Cupertino, addressed Council. He said that goverllllleDt control would kill the spartment industry. He stated that Mr. St. Claire had re- ceived a copy of his survey but had not contacted him regarding any dia- crepancies . Ann Anger, representative of the board of directors of the Tri Cities Apartment Association, requested that Mrs. Nelson contact her group. PUBLIC HEARINGS 21. 1979-1980 Operating and Construclion Budget. (a) Proposed use of Revenue Sharing Funds. (b) Proposed use of Capital Improvement" to be rescheduled. (c) Resolution No. 5029: "A Resolution of the City Council of the City of Cupertino Adopting an Operating and Construction Budget for Fiscal Year i979-1980 b) Ratifying Estimates of Revenues to be Received in Each Fund and Appropriating Honies Therefrom for Spe~ified Program Activities and Accounts and Setting Forth Conditio, ," of Administering Said Budget." It was moved by Counc. O'Keefe, seconded by Counc. Rogers and passed unanimously to refer a request for funding assistance from the Catholic Social Service Agency to staff for consideration. Staff will report to Council regarding the type of program provided by this agency. It was moved by Cocnc. O'Keefe, seconded by Counc. Jackson and passed unanimously to approve $100,000 for the Monta Vista Park Development. It was moved by Counc. Sparks, seconded by Counc. Jackson and passed unanimously to close the public hearing. It was moved by Counc. Jackson, seconded by Counc. O'Keefe and passed unanimously to approve $60,000 ($50,000 from the Land Acquisition and Traffic Development monies, $10,000 from surplus funds) for maintenance and repair of sidewalks for 1979-80. It was moved by Counc. Sparks, seconded by Counc. Jackson and passed unanimously to adopt Resolution No. 5029. 22. Consideration of island annexation "Manta Vista 79-2". (a) Resolution No. 5030: "A Resolution of the City Council of the City of Cup"rtino Initiating Proceedings for the Annexation of the Island Designated 'Monta Vista 79-2', Approximately 23 Acres; Located Westerly of Freeway 85, Southerly of University Avenue, Easterly of Peninsula Avenue and Northerly of Stevens Creek Boulevard. II MINUTES OF TBE JUNE 18, 1979 CITY COUNCIL MEETING þ Rich Benson, 1959 Leghorn Street, Mountain View. questioned Council re- gard1D8 zoning in the area proposed to be annexed. Ann Anger stated that she was in ëavor of converting duplexes and in xavor of ownership rather than rentals. No protests were expressed against the proposed annexation. CC-4M Page :; No protests It was moved by CO'mc. Sparks, seconded by Counc. Rogers and passed unan- p.·';:"lc hearing imously to c10ge the public hearing. closed It was moved by Counc. Sparks, seconded by Counc. Jackson and passed una Adopt Res. 5030 imously to adopt Resolution No. 5030. 23. Proposed ordinance allowing for enforcement of handicap parking reg- ulations. þ (a) Urge.,cy Ordinance No. 936: "An Ordinance of the City Council of the City o{ Cupertino Finding and Declaring that Certain Privately-Owned and Maintained Parking Facilities are Generally Held Open for Use of the Public for Purposes of Vehicular Parking, and Adding Section 11.28.070 to the Cupertino Munici- pal Code, to Provide a ~eaDB for the Enforcement of Parking Regulations in Private Parking Areas Pursuant to Section 21107. of the California Vehicle Code, and Declaring the Urgency Thereof. " Jo-Ann Gholson, 22125 Regnart Road, suggested Council or City staff contact the Easter Seal Soci~ty in regard to appropriate size of handicap parking stalls, types of curb cuts and the use of lighter weight doors to facilitate handicap access to buildings. Staff will consult with the Sheriff's Department regarding the possibilit of non-deputized or specially deputized personnel enforcing the handicap parking ordinance on private property. It was moved by Counc. Jackson, seconded by Counc. Rogers and passed unanimously to close the public hearing. It was moved by Counc. Jackson, seconded by Counc. O'Keefe and passed unanimously to read Ordinance No. 936 by title only. It was moved by Counc. O'Keefe, seconded by Counc. Rogers and passed unanimously to enact Urgency Ordinance No. 936. þ It was moved by Counc. Jackson. ~econded by Counc. Rogcrs and passed unanimously that the Director of Public Wor~g will look into the cost of the signing necessary for enforcement of the ordinance and notify ap- propriate property owners of this cost and inform them that the sigcg are available for installation. Council directed that the campus news- paper at De Anza College be informed that this crdinance was enacted. Enforcement by special person- nel Public hearing closed Reading of Ord. No. 936 Ur¡¡;ency Or.'!. 936 enacted Signs for privately mmed parking lots CC-4~4 .6 Cross easement condition Continued; alternati ves to be checked . Removal of portions of minutes re Cupertino Seen No act ion . Temporary trailer for Apple Computer MINUTES OF THE Jtr.4E 18, 1979 CITY COUNCIL MEETUIG PLANNING APPLICATIONS 24. Applications l3-TH-77 and 1D-U-79 of Uøhiro Hosono/Nick Papageorgiou: Tentative Map to subdivide approximately 1.15 acres into two parcels equaling approxiaately .878 acrea and .271 acres each; Uae Perait to construct a 3,~ sq. ft. commercial and office building and Environmental Review: The Planning Commiu1on rec~endø tbe granting of a Negative Declaration. Said property is located on the north- east corner of Alvu Drive and Band1ey Drive in a P (Planned Df'Ve1op- Lent with Light InC:ustrial, General Commercial and Residential (4-10 dwelling units per acres) intent) zoning district. Recommended for approval. Hr. Don Bandley, representing Mr. Hosono, applicant, informed Council that Mr. Hosono was not in agreement with the condition requiring a cross easement. It was moved by Counc. Sparks, seconded by Counc. Jackson and passed unanimously to continue the applications to July 2 and that Mr. PaVageorgiou, the other applicant, be requested to attend. Staff will explore the possibility of a joint driveway or two driveways side by aide on the site. ARCHITECTURAL AND SITE APPROVAL COMMItTEE APPLICATIONS 25. None ITEMS REMOVED FROM CONSENT CALENDAR 17. Minutes of the regular City Council meeting of June 4, 1979. (CC-436) It was moved by Counc. Jackson, seconded by Counc. Sparks and passed unanimously to approve the June 4, 1979 minutes as amended to delete paragraphs 2, 3 and 4 of page 12 referring to the meeting of the Cupertino Scene, Inc., officers. RECESS: 9:45-9:55 UNFINISHED BUSINESS 27. Memorial Park ar.quisition net appropriation. (a) Appropriation for im?rovement of Stelling Road adjacent to Hemorial Park. No action was required to be taken as this was included as part of the budget for the 1979-80 fiscal year. JiEW BUSINESS 28. R~quest for temporary trailer permit for Apple Computer, Inc. It was moved by Counc. Sparks, seconded by Counc. O'Keefe and passed unan- imously to approve the request that they oe allowed to utilize a temporary structure pending construction of a new building. MINUTES OF THE JUNE 18, 1979 CITY COUNCIL MEETING þ M~. James Walker, Marketing Director of Carl Rolvick Co., expressed his appreciation for the quick response to this request. 29. County Tranøit bUB station in Vallco. It was moved by Counc. Jackson, seconded by Counc. Rogers and passed unanimously to continue this matter to the July 2, 1979 meeting. 30. Request for temporary permit for fruit stand at southeast quadrant of Stevens Creek Boulevard and South De Anza Boulevard for Joe Camarda. It was moved by Counc. Sparks, seconded by Counc. Rogers and passed unan- imously to grant Joseph Camarda's request for a temporary fruit stand at Stevens Creek Boulevard and South De Anza Boulevard. 31. Protest of posting of $1,550 for Asphalt Overlay on Pacifica Drive. As a property owner in the area to be discussed, Counc. Jackson abstained from participating in this item. þ Attorney Jack London representing George Somps, owner of 20480 Pacifica Drive, stated that there had been no cutting in the street in front of his client's property and therefore the posting of $1,550 was being pre- tested. Mr. Somps originally had been informed it would be necessary to post $675, which he did. After that time he was requested to post an additional $875. Counc. Sparks moved that the addltio~al $875 posted be T~~~rned to Mr. Somps. The motion died for lack of a second. council requested that staff inform applicants of a1rernatives available, i.e. a deferred agreement, a letter of credit, cash. CC-464 Page 7 Appreciation Continued Request for fruit stand, Csmarda ackson ab- stained Protest of posting of $1,550 Motion died Applicants' alternatives Staff will evaluate the policy and present Council with a copy of the pro- Evaluate policy cedure. It was moved by Counc. O'Keefe, seconded by Counc. Sparks and passed with Counc. Jackson abstaining to accept a letter of credit from Mr. Somps for asphalt overlay on Pacifica Drive. 32. Authorization for the Director of Finance to transfer unexpended appropriations from one program to another for balancing appropria- tions to expenditures for programs. It was moved by Counc. Roge~s, seconded by Counc. SparKs and passed unan- imously to authorize the Director of Finance to transfer unexpended appro- priations from one program to another for year-end accounting purposes. 33. Description of and procedures for repairs and maintenance of side- walks. þ _.__._._---~._-_.._.-.----_..- Accept letter of credit Transfer of funds approved ~. Street repair ordinance and resolution removed Contract to P1azza Const. . , Bid rejected Contract to Neu Bros. Grading and Paving Negative Dec. granted Contract to ceshaw Corp .-. MINUTES OF TBE JUNE 18, 1979 CITY COUNCIL MEETING 33. (a) First reading of Ordinance No. 937: "An Ordinance of the City Council of the City of Cupertino Adding a New Chapter 14.28 to the Cupertino Municipal Code, Setting Forth Alternative Pro- cedures for the Repair and Maintenance of Sidewalks; the Making, Confirming and Collecting of Assessments to Pay the Costs Thereof; the Method of Permitting and Performing Said Work, and the Ad- vancement of the Costs Thereof from the Special Asses.ment Re- volving Fund." \b) Rno1ution No. 5031: "Resolution describing the Procedure Where- by Repairs to Sidewalks may be Undertaken and' Financed Pursuant to Chapter 14.28 of the Cupertino Municipal Code." It was moved by Counc. Rogers, seconded by Counc. O'Keefe and passed unan- imously to remove Ordinance No. 937 and Resolution No. 5031 setting forth the policy of having the property owner repair sidewalks. This policy will be re-examined in one year. 34. Report on bid opening for McClellan Ranch Park Parking Lot, Project 79-24, and award of contract. It was moved by Counc. Jackson, seconded by Counc. Sparks and passed unan- imously to award the contract to Piaz:a Construction Company for their low bid of $39,419 with a $2,001 contingency fund. 35. Report on bid opening for Stevens Creek Boulevard at the Railroad Crossing, Project 79-12, granting of Negative Declaration and award of con tract. It was moved by Counc. Sparks, seconded by Counc. Rogers and passed unan- imously to reject the bid for Stevens Creek Boulevard at the Railroad Crossing, Project 79-12, and authorize that the proj~ct be readvertised in fiscal year 1979-80. 36. R~port on bid opening for Senior Center Site Improvement, Project 79-22, (Landscaping and Parking Lo~) and award of contract. It was moved by Counc. Sparks, seconded by Counc. Jackson and passed unan- imously to awacd the contract to Neu Bros. Grading and Paving based on their low bid of $102,662.80. The remaining amount in the Senior Citizen Center budget is to be retained for contingencies for the entice project. 37. Report on bid opening for No. De Anza Hedian and Landscaping, Project 79-14, grancing of Negative Declaration and award of contract. It was moved by Counc. Jackson, seconded by Counc. Sparks and passed unan- imously to grant a Negative Declaration for the project. It was moved by Counc. Rogers, seconded by Counc. Sparks and passed unan- imously to award the contract to Co11ishaw Corporation for their low bid of $172,380 with $15,620 being retained for contingencies. · · · . MINUTES OF THE JUNE 18, 1979 CITY COUNCIL MEETING WRITTEN COMMUNICATIONS 38. Communication from The Cupertino Historical Society, Inc. regarding a CJ.ty museum. , CC-464 Pase 9 Council received for filing a communication fro. The Cupertino Historical Communication Society regarding a City museum. filed 39. Petition submitted by the Cupertino Council of PIA regarding pre- vention of substance abuse and regulation of display and øa1e to minors of drug use information and paraphernalia. It was moved by Counc. Sparks, seconded by Counc. Jackson and passed una imously to direct staff to get a copy of the Los Altos and Mt. View ordinances regarding prevention of substance abuse and regulation of display and sale to minors of drug use information and paraphernalia. These will be submitted to Council at their meeting of July 2 for their review. ORDINANCES 40. Second reading of OrdinaD~e No. 932: "An Ordinance of the City of Cupertino Amending Section 1 of Ordinance No. 2 by Rezoning Approxi- mately 0.6 Gross Acres ~rom CG to P Zone; Located on the Northwest Corner of Stevens Creek Boulevard and Vista Drive." It was moved by Counc. Jackson, seconded by Counc. Sparks and passed unanimously to read Ordinance No. 932 by title only and the Mayor's reading to constitu.e the second reading. It was moved by Counc. Jackson, seconded by Counc. O'Keefe and passed unanimously to ,enact Ordinance NO..932. 41. Second reading of Ordinance No. 933: "An Ordinance of the City of Cupertino Amending Section 1 of Ordinance No. 2 by Prezoning 23± Acres from CG and R2-h to P Zone; Located Westerly of Freeway Route 85, Southerly of University Avenue, Easterly of Peninsula Avenue and Northerly of Stevens Creek I'oulevard." It was moved by Counc. O'Keefe, seconded by Counc. Rogers and passed unan imously to read Ordinance No. 933 by titlp only and the Mayor's reading to constitute the second reading. Substance abuse ordinancE to be obtained Second reading of Ord. ;10. 93; rd, No. 932 enacted Second rea11ng of Ord. :133 It was moved by Counc. Jackson, seconded by Counc. Sparks and passed unan Ord. No. ?ô3 imously to enact Ordinance No. 933. enacted 42. Urgency Ordinance No. 938: "An Ordinance of the City of Cupertino Amending Sections '~.16.030 and 11.16.040 of the Cupertino Municipal Code Relating to oesignation of Through Streets or Higl~ays and De- claring the Urgency Thereof." , . ~64 ..,10 Reading 'Of Ord No. 938 Ord. No. 938 enacted Reading of Ord !lo. 939 Grd. 110. 939 enacted Orã. No. 940 ewcd Use of Trianon by residents Summons from Southern Pacific RR . -<~""",'~-,--~,-",.., "", ',....¡'!"I?,}_~,'~'t:'~u,..,.<>'_ . MINUTES OF THE JUNE 18, 1979 CITY COUNCIL MEETING It was moved by Counc. Jackson, seconded by Counc. Rogcrs and passed unan:lJaous1y to read Ordinance No. 938 by title only. It was moved by Counc. Jackson, seconded by Counc. Rogers and passed unanimously to enact Urgency Ordinance No. 938. 43. Urgency Ordinance No. 939: "An Ordinance of tha City of Cupertino Amending Section 11.12.030 of the Cupertino Municipal Code Relsting to the tstablishment of Prima Facie Speed Limits, and Decløring the Urgency Thereof." It was moved by Counc. Jackson, seconded by Counc. Rogers and passed unan- imously to read Ordinance No. 939 by title only. It was moved by Coun~. Rogers, seconded by Counc. Jackson and passed unanimously to enact Urgency Ordinance No. 939. Urgency Ordinance No. 940: Amending Ordinance No. 934 Cable, Inc. as the Grantee Thereof." Cupertino for Gill Urgency "An Ordinance of the City of to Substitute Gill Indu&tries Thereunder, and Declaring the It was moved by Counc. Jackson, seconded by Counc. Rogers and passed unanimously to enact Urgency Ordinance No. 940 as read by the City Attorney. By consansus, Council directed Councilwoman Barbara Rogers and Director of Parks and Recreation Merle Butler to confer with the Trianon Advisory Committee regarding the fee structure for use of the Trianon Building as pertains to residents of Cupertino. The City Clerk reported to Council that the City had been mailed and had received a summons and complaint froIrSouthern Pacific and other railroads filed against the Board of Equalization ~f the State of California and counties and cities within the State. City Attorney Adams stated that he h~1 contacted the County Counsel regarding this matter. and the County will represent the City. At 11:00 p.m., Mayor 'fevers adjourned the meeting to 7:30 p.m., Ju.'e 19, 1979 for a Joint Planning Commissi0n/City Council meeting in the Con- ference Room to conduct a public hearing on the General PJan. /~ a:,06.;~ Si ty lerk