CC 09-04-79
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CITY OF CUPERTINO, STATE OF CALIFORNIA
10300 Torre Avenue, Cupertino, CA 95014
Telephone: 252-4505
. MINUTES OF TBE REGULAR MEETING OF THE CITY COUNCIL
HELD ON SEPTEMBER 4, 1979, IN THE CONFERENCE ROOK, CITY HALL
CUPERTINO, CALIFORNIA
Hayor Pro Tempore O'Keefe called the meeting to order at 6:40 p.m. in
the Conference Room of City Hall.
ROLL CALL
Counc. Present: Jackson, Rogers, Sparks (7:00 p.m.), Hayor Pro Tempore
O'Keefe
Counc. Absent: Heyers (on official City business visiting solid waste
disposal sites)
Staff Present: City Manager Quinlan
City Clerk Cornelius
Director of Planning and Development Sisk
Director of Public Works Viskovich
Director of Parks and Recreation Butler
Þ STAFF REPORTS
1. Oral reports by staff members and subm1ssio~ of written reports.
It was moved by Counc. Rogers, seconded by CCunc. Jackson and passed
unanimously by those present to adopt Resolut~on No. 5105 requesting te
ination of the ,Social Security agreement.
It was moved by Counc. Jackson, seconded by Counc. Rogers and passed unan
imously by those present to amend the agreement with Santa Clara County
for the weed abatement program to reflect 35% for administrative costs.
City HanaRer's Report
The City Hanager was directed to find out if the County lib.aria~ has Jis-
cussed a cost sharing arrangement with the De Anza library and other schoo
libraries.
City Clerk's Report
CC-472
Page 1
Res. No. 5105
adopted
Agreement
re weed abate-
ment amended
Cost sharhg
arrangement
Applicants for Architecturúl and Site Approval Committee will be inter- ASAC interviews
viewed by Cou"cil in the C~nference Room at 6:00 p.m., September 17,1979.
Counc. Sparks arriveJ at 7:00 p.m.
t
It was mov..d by CC'unc. Spar':s, seconded by Counc. Rogers and passed unan-
imous l_y by those present te> di rtec t s taU to install a permanent barrier
at Forrest Avenue if the Sheriff's Department 2grees that this will not
dangerùu~ly impede their access to the area.
Barrier (I] be
installed at
Forrest
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Ca2
Page 2
Legislative
Review Co....
actions
.
Item removed
Consent Cal-,
endar approved
,
.
MINUTES OF THE SOTEKBER 4, 1979 CITY COUNCIL Mi!ETJNIj
LeKislative Review Committee
It was lIIOVed by Counc. Rogers, seccnded by Counc. Jackson and passed
unanimously by those present to take the following action:
Su~,or~
OppOse
AB 1721
AB 66
SB 64
AB 759 (as amended)
SB 434
SB 1180
SB 4
AB 699
As part of the smbe'mot10n, Council voted to take no action on AB 8 cleanup
legislation.
It was moved by Counc. Rogers and geconded by Counc. Jackson to
use of Medi-Cal funds for abortiona for indigent or poor women.
was defeated with Councilmembers O'Keefe and Sparks dissenting.
support
ThE" motion
At 7:23 the meeting was adjourned.
Hayor Pro Tempore O'Keefe called the meeting to order in the Council
Cham:" 'r at 7:30 p.m.
SALUTE TO TIlE FLAG
ROLL CALL
Counc. Present:
Counc. Absent:
Jackson, R08ers, Sparks, Hayor Pro Tempore O'Keefe
Meyers
Staff Present:
C1ry Hanager Quinlan
City Clerk Cornelius
Director of Planning and Development Sisk
Director of Public Works Viskovicl,
Director of Parks and Recreaticn Butler
City Attorney Adams (7:40 p.m.)
CONSENT CALFNDAR
Counc. Jac~~on remov~d Item 19 'rom the Consent Calendar.
It was moved by Counc. Jackson, seconded by Counc. Rogers and póss~d
unanimously by those present to ~~p~ove the balance of the Co~s~nt Calendar.
7. Resolution No. 5101: "A Resolution of the City Council of the City
of Cupertino Allowing Certain Claims and Demands Payable in the
Amount and from the Fund~ as Hereinafter Described for General and
Hiscellaneous Expenditures for the Period Ending August 20. 1979."
18.
19.
, Vote
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MINUTES OF THE SEPTEMBER 4, 1979 CITY COUNCIL MEETING
CC-472
Page 3
8. Resolation No. 5102: "A Resolution of the City Council of the City
of Cupertino Allowing Certain Claims and Demands Payable in the
.<mount and from the Funds as Hereinafter Described for General and
Miscd1aneous Expenditures for the Period Ending August 27, 1979."
9. Resolution No. 5103: "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 Sslaries snd
Wages for the Payroll Period Ending August 28, 1979."
10. Resolution No. 3873.43: "A Resolution Approving and Authorizing Ex-
ecution of Agreement for Construction and Installation of Sanitary
Improvements, Vallco Park ASsessment District No. 1974-2."
11. Resolution No. 5106: "A Resolution of the City Council of the City
oÏ Cupertino Approving Contract Change Order No. 2 for North De Anza
Boulevard Improvements Project 79-18."
12. Resolution No. 5107: "A Resolution of the City Council of the City
of Cupertino Approving Contract Change Order No. 4 for Senior Citize
Center, Project 79-3, Contract No.5, Heating, Ventilation, Air Con-
dit ioning and Sheet Metal."
13.
Resolution No. 5108: "A Resolution of the City Council of the City
of Cupertino Approving the Final Map and Improvement Plans of Tract
No. 6633 Cupertino Knolls Located along Voss Avenue; Dev~loper, Cup-
ertino Knolls, a Joint Venture by Akerue, Inc., a Cb1ifornia Corpora
tion, and Alcalde Vista, a California Corporation; Accepting Certain
Easements; Authorizing Signing of Final Map and Improvement Plans;
Authorizing the Execution of Agreement in Connection Therewith."
14. Resolution No. 5109: "A Resolution of the City Council of the City
of Cupertino Authorizing Execution of Contract With Housing Authorit
of Santa Clara County for Administration of BMR Program."
15. Authorize execution of amendment to Crocker Bank Credit Agreement
(Implementation of HCD Funded Rental Rehabilitation Program).
16. Waiver of business license fee for The National Foundation - March
of Dimes.
17. Waiver of business license fee for Citizens for a Better Environment
for annual fund drive.
Hinutes of the regular City Council meeting of August 20, 1979. (CC-
470)
Removed
Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
Jackson, Rogers, Sparks, O'Keefe
None
Heyers
None
·
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C"2
Page 4
Continued
Public hearing
closed
Res. No. 5104
a.ed
t
Counc. Jackson
abstained
MINUTES OF THE SEPTDIBER 4, 1979 CITY COUNCIL MEETING
ORAL COMMUNICATIONS
20. Jaycees presentation regarding recycling.
It waa moved by Counc. Sparks, seconded by Counc. Jackson and passed
unanimously by those present to continue this presentation to the meeting
of September 17, 1979.
PUBLIC HEARINGS
21. Report and assessment on abatement of weeds within Cupertino.
(a) Resolution No. 5104: "A Rel;olution of the City Council of the
City of Cupertino Providing for Lien Assessments and for the
Collection of Same Resulting from the Abatement of Public
Nuisances. "
It was moved by CO~fiC. Sparks, 6econded by Counc. Jackson and passed unan-
imously by those present to close t~e public hearing.
It was ~ved by Counc. Jackson, seconded by Counc. Sparks and passed unan-
imously by those p~esent to adopt Resolution No. 5104.
22. Application 14-Z-79 of TborDWood Associates: Rezoning request for
the amendment of the condition on the previously approved Planned
Development zoning district to expand the per.nitted range of commer-
cial activities and Environmental Review: Th" Planning Commission
recommends the granting of a Negative Declaration. Said property
is located in the Homestead Lanes Center on the southeast corner of
Homestead Road and Stelling Road in a P (Planned Development with
Recreation&l/Entertainment and limited commercial intent) zoning
district. Recommended for approval.
(a) First reading of Ordinance No. 952: "An Ordinance of the City
of Cupertino Amending Section 1 of Ordinance No. 2 by Amending
the Condition on the Previously Approved Planned Development
Zoning Oistrict; Located in the Homestead Lanes Center on the
Southeast Corner of Homestead Road and Stelling Road."
PLANNING APPLICATIONS
25. Application 14-ij-79 of Thornwood Associates: Use Permit to operate
a retail bath and kitchen shop consisting of approximately 2,500
sq. ft. and Environmental Review: The Planning Commission recommends
tne granting of a Negative Decla~atiùn. Said property is located
in the Homestead Lanes Center on the southeast corner of Homestead
Road and Stelling Road in a P (Planned Development with Recreational/
Entertainment and limited commercial intent) zoning district. Recom-
mended for approval.
Councilmember Jackson stated that he would abstain from any discussion and
from voting on this It~rn.
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MINUTES OF THE SEPTEMBER 4, 1979 CITY COUNCIL MEETING
City Attorney Adams arrived at 7:40 p.m.
It vas moved by Counc. Sparks, seconded by Counc. Rogers and passed
with Counc. Meyers absent and Counc. Jackson abstaining to close the
public hear1 DB.
It vas moved by Counc. Sparks, seconded by Counc. Rogers and passed with
Counc. Meyers absent and Counc. Jackson abstaining to grant a Negative
Declaration on Application 14-Z-79.
It was moved by Counc. Sparks, seconded by Counc. Rogers and passed with
Counc. Meyers absent and Counc. Jackson abstaining to approve Application
14-7-79.
It was moved by Counc. Rogers, seconded by Counc. Sparks and passed with
Counc. Meyers absent ~nd Counc. Jackson abstaining to reed Ordinance No.
952 by title only and the Mayor's reading to constitute the first reading.
It was moved by Counc. Sparks, seconded by Counc. Rogers and passed with
Counc. Meyers absent and Counc. Jackson abstaining to grant a Negative
Declaration for Application 14-U-79.
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It was moved by Counc. Sparks, seconded by Counc. Rogers and passed with
Counc. Meyers absent and Counc. Jackson abstaining to approve Application
14-U-79.
PUBLIC HEARINGS (continued)
23. Consideration of a proposed rent freeze within the Ci~of Cupertino.
Kayor Pro Tempore O'Keefe requested that one spokesperson speak on behalf
of those in favor of some type of rent control and one spokesperson speak
representing those against some form of rent control. After those rep-
resentatives spoke then others could address Council under a three-minute
time limit.
Hr. Burt Avery, Avery Construction Co., spoke against rent control. He
felt it should be voted on at an election.
Fred St. Claire, 20100 Rodrigues Avenue, disputed figures in a report
given by Mr. Avery. He spoke in favor of rent stabilization.
Hr. Dave Kopels, 10161 Village Place, stated that he is an owner of a
fourp1ex and a duplex purchased since 1975. He also stated that he would
prefer this issue being decided by an election.
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Vivian Nelson of the Senior Coordinating Council of Cup~rtino requested a
one year immediate rent freeze.
Maurice Broner, a realtor and property manager, spoke against control of
acy business.
Bill Lauderdale, apartment owner, also spoke against cuntrol.
CC-472
Page 5
Public hearing
closed
Negative Dec.
granted for
l4-Z-79
l4-Z- 79
approved
First reading
of Ord. 952
Negative Dec.
granted for
14-U-79
14-U-79
approved
Proced're out-
lined
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C.72
Page 6
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Publ ic hearing
closed
Motion died
Five meI:lber
tf force
Items to be
investigated
by task force
MINUTES OF THE SKPTEMBER 4, 1979 CITY COUNCIL H::ETING
John Volke1, a renter, stated that he had received twO rent increases in
the last six months. He inquired why there were no renters on the City
Council.
Dr. Ronal Jolson expressed his concerns regarding what would he the results
of rent contro~.
Al Chappell, 10139 S. Blaney, stated he was neither a proponent nor an
opponent of rent control. Mayor Pro Tempore O'Keefe reminded Mr. Chappell
of the three minute time limit. Mr. Chappell said that he wished to extend
his time to six minutes and speak on behalf of his wife as well. Mayor
Pro Tempore O'Keefe said that would be acceptable; he might use his three
minutes now and come back after another speaker and use an additional
three minutes. Mr. Chappell felt this was not satisfactory and withdrew
his comments.
Bill
that
were
Stevenson, 22350 Santa Paula,
a freeze would be a disaster.
the rent gougers and what was
a retired apartment house owner, felt
He stated that the real problems
needed was a reasonable solution.
Jake Axtmin, an apartment owner in Campbell but a resident of Cupertino,
stated that what needed to be done was the building of more housing rather
than the control of what we already have.
Louis Chetaud, 10327 Alpine Drive Apt. C, who identified himself as a
senior citizen landlord Dvning a two story triplex, expressed objections
to Section 5 of the proposed ordinance by Mr. Fred St. Claire.
Virginia Nelson requested that a task force be formed representing both
sides of the issue.
Mr. St. Claire also expressed support for the task force suggesting that
it also contain a representative of the City.
Hr. Avery stated that whether it is called control nr stabilization, it
is still government control.
It was moved by Counc. Sparks, seconded by Counc. ~ackson and passed
unanimously by those present to close the public hearing.
Counc. Jackson made a motion to i~panel a nine person task
mine if there is a need for an anti rent gouging ordinance
These nine people would be three landlords, three tena~ts.
the Planning Commission Chairperson and the City Manager.
died for lack of a second.
force to dete~-
in Cupert ino.
the Hayor,
The motion
It was moved by Counc. Rogers, seconded by Coune. Jackson and passed
unanimously by those present to impanel a task force consisting of five
people - two renters, two landlords and one staff person to be selected
by the City Manager.
It was moved by Counc. O'Keefe. seconded by Cuunc. Jackson and passed
unanimously by those present that this task force report back to Council
10 one month. Items to be addressed will include an apartment survey
which would include a rent increase history and amount of rebates. if any,
,
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HINUTES OF THE ~EP'IEMBER 4, t979 CITY COUNCIL MEE~ING
given after adoption of Proposition 13. Other matters to be investigated
include any current renters' rebate legislation in Sacramento and also th
legislation which would sIlow tenants to deduct a share of property
taxes of the apartment building from their income tax.
RECESS: 9:40-9;50 p.m.
24. Consideration of closure of Hira Vista Road at HcC1ellan Road.
Debby Jungvig, 22490 Santa Paula, spoke in behalf of the closure of Mira
Vista.
Quintas Abbott spoke against closure of Mira Vista as did Eric Stroud. M.
Stroud also suggested a stop sign at Palm and Mira Vista.
Other speaking against the closure of Mira Vista included Elmer Baum,
22166 Rae Lane; Mr. Frank Russo, Mira Vista Road; Mr. Keith Thompson,
Hira Vista Road; Gil Lopez, 10402 Scenic Circle.
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Other speaking in behalf of closure of Mira Vista Road were Jim Klug,
2'~ú7 Santa Paula; Cordon Neal, 10490 S. Foothil]; Shirley Siebert,
l0493 Mira Vista; Ed Tobias, Mira Vista; Bill Stevenson, 22350 Santa
hula; and Jerry Grr,gan, 22334 Santa Paula. Hal Hauk, 22241 Santa Paula,
sl.o!\gested ~ six monch temporary closure at the end of which time a final
dec!sion could be made. Mr. Hauk also expressed concern regarding the
hairpin curve on McClellan Road and suggested that a traffic signal be
installed at Mira Vista and Mc~le1lan.
It was moved by Counc. Sparks, seconded by Counc. Rogers snd passed unan-
imously by those present to close the pu~lic hearing.
It was moved by Counc. Sparkg and seconded by Counc. O'Keefe to close
Santa Paula and Mira Vista for a six month period. The motion and second
were withdrawn.
It was moved by Counc. Jackson, seconded by Counc. Rogers and passed una
imously by those present for the City Manager to prepare for the Mayor's
signature a letter to the Board of Supervisors expressing Council's con-
cerns regarding traffic in the Mira Vista area and urging sign control fo
the corner of Palm and Mira Vista.
In about thirty days, staff will report back to Council with technical
information regarding allevIating the problems created by the hairpin
curve on McClellan and reconsideration of tha plan line that would extend
the width of Foothill to McClellan with the left hand pocket at HcClellan.
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The report will also include information regarding the deeding back to
owners of lands previously dedicated for road improvements.
It was moved by Counc. O'Keefe, seconded by Counc. Sparks and passed unan
imous1y hy those present that staff a1dress various methods of speed miti
gation on Santa Paula.
CC-472
Page 7
Public hearing
closed
Hotion with-
drawn
Letter to
Superviso rs
re ~lira Vis ta
traffic
Staff to re-
port re hai r-
p-in curve on
HcC1ellan
Sp""d mitiga-
t ion on San ta
P3u1a
".
C.2
Page 8
Cont inued
Continued
.
Continued
HC-51,392.7
approved
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MINUTES OF THE SEPTÐØlER 4, 1979 CITY COUNCIL MEETING
NEW BUSINESS
32. Regulation of newsrack and/or newsrack sales of obscene periodicals.
33. (a) Discussion of the plan for expenditure of HCD funds for 1980-81
program year (6th year).
(b) Joint Powers Agreement for HCD Program.
It vas moved by Counc. Sparks, seconded by Counc. O'Keefe and passed
unanimously by those present to continue the above two ..attars to· the
September 17, 1979 Council meeting.
UNFINISHED BUSINESS
28. PUn procedural change.
By consensus, Council agreed to continue this matter to the September 17,
1979 meeting.
ORDINANCES
36. Second reading of Ordinance No. 812: "An Ordinance of the City of
Cupertino Adding Chapter 10.46 to the Cupertino Municipal Code to
Prohibit Certain Types of Construction on Saturdays, Sundays and
Holidays, and During Certain Hours on Weekdays."
By consensus, Council continued this matter to the Meeting of September
17, 1979.
ARCHITECTURAL AND SITE APPROVAL COMMITTEE APPLICATIONS
26. Application HC-51,392.7 - FLur-Phase Systems, Inc. requesting approval
of installation of trash compactor at a i~ght industrial site. 10700
North De Anza Boulevard. Recommended for approval.
Vincent Kemble, 10601 Larry Way, expressed concerns to Council regarding
possible noise problems with the installation of the p~oposed trash
cn~pactor at Four-Phase.
Mr. Jose Galiata, facilities manager of Four-Phage, reviewed the proposed
plans with Council.
It was muved by Counc. Sparks, seconded by COOlie. Jackson and passed
unanimously by those present to approve Application HC-51,392.7 per
Architectural and Site Approval Committee Resolution No. 903 with the addition
of Condition 13, which states that should problems arise in the future
relative to noise created by the overhead doors, the City shall have the
right to bring Four-Phase before Council for review of use permit.
NEW BUSINESS (continued)
29. Claim for damages of 1970 Corvette filed by Andy Chew.
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MINUTES OF TBE SEPTEMBER 4, 1979 CITY COU21CIL MEETING
It was moved by Counc. Sparks, seconded by Counc. Rogers and passed unan-
imously by those pre8ent to reject the claim filed by Andy Chew for
damages to a 1970 Corvette. Tbe City Attorney's opinion was that the ac-
tion resulted from the installation of a noD-specification lid on the
junction box by evE, Inc..
30. Request from Any Mountain, Ltd. to use temporary mobile facility.
Mr. Ed Prowse, 10286 Virginia Swan Place, submittei photographs depicting
the parking around the area of Any Mountain Inc. during their Labor Day
weekend sale. He spoke against the approval of the temporary facility
because of potential parking problems.
It was mc.ved by Counc. Sparks, seconded by Counc. Rogers and passed with
Counc. Jackson dissenting to approve the request from Any Mountain to use
a temporary mobile facility, and the applicant was directed to work with
the Traffic Engineer to retain as many parking places as possible.
34. Request for appropriation to Purchase vehicle - Building Division.
It was moved by Counc. Eparks, seconded by Counc. Jackson and p~ssed unan
imously by those present to approve the request for appropriation of
$5,3&ð to purchs8e'a vehicle for an addit1ònRl Buildidg'IftSpector.
I 31. Report on bid opening for Senior Citizen furniture and award of
contrac t.
It was moved by Counc Sparks, seconded by Counc. Rogers and passed unan-
im~us1y by those present to approve the staff recommendation authorizing
the Director of Parks and Recreation to negotiate with Western Contract
Furnishings for the suggested furnishin&s for the Senior Citizen Center.
ORDINANCES
37. Second reading of Ordinance No. 951: "An Ordinance of the City of
Cupertino Adding Chapter 10.70 to Title 10 of the Cupertino Municipa
Code Concerning Exhibition of Drug Parapherr.alia to Minors, and
Finding and Declaring the Public Nuisance Thereof."
It was moved by Counc. Jackson, seconded by Counc. Rogers and passed unan
imously b~ those present to read Ordinance No. 951 by title only and the
Hayor's reading to constitute the second reading.
It was moved by Counc. Jackson, seconded by Counc. Rogers and passed unan
imously by those present to enact Ordinance No. 951.
RESOLUTIONS
38. None
NON-AGENDA BUSINESS
39. None
At 12: 20 a.m. . the meeting was adjourned.
l)~4~
City Clerk I
CC-472
Page 9
Claim of Andy
Chew rej ected
Request ap-
proved for
temporary
facility
Apl'ropriation
for vehicle
approved
Dir. of P&R
to negotiate
for furnishings
Second read i ng
of Ord. 951
Ord. No. 951
enacted