CC 09-17-79
a.
- CITY OF CUPEliTINO, STATE OF CALIFORNIA
10300 Torre Avenue, Cupertino, CA 95014
Telephone: 252-4505
MINUTES OF TBE REGULAR MEETING OF THE CITY COUNCIL
HEl.D ON SEPTEKII~ 17, 1979, IN THE CONfERENCE ROOM, CiTY HALL
CUPD.TINO, CAUFORllIA
ltayor Meyerg called the meeting to order in the Conference Room of City
Hall at b:05 p.m.
ROLL CALL
CotJnc. Present: Jackson, O'Keefe, Rogers, Sparks, Mayor Meyers
Staff Present:
City Manager Quinlan
City Clerk Cornelius
Administrative Services Officer Brown
Following interviews of the eight applicants for the opening on the Archi-
tectural and Site Approval ~t~ee, it was moved by Counc. O'Keefe, sec-
onded by Counc. Jackson and passed unanimously to appoint Richard Morrison
to fill the unexpired term of William Irvine whose term would have expired
in April, 1981.
Þ The meeting was adjourned at 7:30 p.m.
At 7:40 p.m., Mayor Meyers called the meeting to order in the Council
Chamber.
SALUTE TO TBE FLAG
ROLL CALL
Counc. Present: ~~~k90n. O'Keefe, Rogers, sparks, Mayor Meyers
Staff Present: City Manager Quinlan
City Clerk Cornelius
Administrative Services Officer Brown
Director of Public Works Viskovich
Director of Parks and Recreation Butler
Director of Planning and Development Sisk
City Attorney Adams
Housing Rehabilitation Counselor Hastings
CC-473
Page 1
Richard HOL
rison appoi'1te<
to ASAC
'r'
It was moved by Counc. Sparks, seconded by Counc. Jackson and passed unan- Subsidized
imously to duthorize the Hay~r to execute the agreement to implement a sub- taxi agree~ent
sidi~~d taxi program for senior citizens an~ the handicapped.
NEW BUSINESS
31. (a) Discussion of the plan for pxpenditure of HCD funds for 1980-81
It program year (6th year).
(b) Resolution No. 5116: "A Resolution of the City Council of tr.e
City of Cupertino Authorizing Execution of Joint Povers Agreernen
with Sdnta Clara County for Housing and Community Devel~pment
Program. If
CC-473
P..2
Res. No. 5116
adopted
Staff to re-
view agreement
Items remove:!
Consent Calen-
dar approved
.
.
HINUTES OF THE SEPTEMBER 17, 1979 CITY COUNCIL MEETING
It was moved by Counc. Jackson, seconded by Counc. Rogers and passed with
Counc. O'Keefe dissenting to adopt Resnlution No. 5116.
It was moved by CJunc. Jackson, seconded by Counc. O'Keefe and passed
unanimously for .taff to review the agreement prior to execution to verify
that it is consistent with the most recent revisions requested by Council.
CONSENT CALENDAR
Item 12 was removed by Mayor Meyers. At the request of Counr.i1members Jackson
and Rogers, Item 11 was removed.
It was ~ved by Counc. Sparks, seconded by Counc. Jackson &nd passed unan-
tæously to approve the remainder of the Consent Calendar.
7. Resolution No. 5112: "A Resolution of the City Council -0: the City
of Cupertino Allowing Certain Claims and Demands Payaole in the
AEc~nt snd from the Funds as Hereinafter Described for General and
Miscellaneous Expenditures for the Period Ending September 11, 1979."
8.
Resolution No. 5113: "A Resolution of the t;ity Cou"cil of the City
of Cupertino Allowing Certain Claims and Demands Payable in the Amounts
and from the Funds as Hereinafter >scribed for Salaries and Wages
for the Payroll Period Ending September 11, 1979."
9. Resolution No. 5111: "A Resolution of the City Council of the City
of Cupertino Authorizing Execution of an Agreement between the City
of Cupertino and Gates, McDonald Providing for Workers' Compensation
Claims and Administration."
O. Application HC-5l,458.2 - Griffin and Murren requesting approval
of site, architecture, landscaping and lighting for nine single-family
cluster homes. Located at the northeast corner of Granada Avenue
and Byrne Avenue in a P (Planned Developmp.nt with single-family
residential intent) zone. Recommended for approval.
1 . kemoved
2. Removed
3. Acceptance of City project performed under contract - Interconnect
Conduit Project 79-20, Rosendin Electric.
4. AcceptRnce of municipal improvements - Sizzler Restaurant, IOl2S
Bandley Drive.
S. Minutes of the regular City Council meetin& of S~rtember 4, 1979.
(CC-472)
Þ.
Hnro:ES OF TBE SEPTEMBER 17. 1979 CITY COUNCIL MEETING
Vote
Members of the City Council
AYES:
NOES:
ABS 1:tIT:
ABSTAIN:
Jackson, O'Keefe, Rog~rs, Sparks, Meyers
None
None
None
City Clerk's Note: Brown and Hastings left the meeting (8:00 p...).
ORAL COMHUNICATIONS
16. Jaycees presentation regarding recycling.
Wm. DuBord, 10424 Norwich Avenue, reviewed the history and operation of
the Cupertino Jaycees Co~unity Recycling Center. Council will issue a
resolution praising the Jaycees for the program.
PUBLIC BEARINGS
17. Consideration of a false burglary alarm ordinance.
þ
(a) First reading of Ordinance No. 953: "An Ordinance of the City
of Cupertino Adding a New Chapter 10.25, to the Cupertino Kun~
icipa1 Code, Regulating the Installation, Operation and Misuse
of Police Alarm Systems and Devices, and Imposing a Service
Charge for the Misuse Thereof."
Frank Hulkern, Hanage~ of the Chamber of Commerce, reviewed other city's
ordinances and requested certain changes in the ordinance proposed by the
Public Safety Commission.
Mr. Dick House, 1056 Rae Lane, a local business owner, stated opposition
to the proposed ordinance. He b.formed Council that he had already had
twelve false alarms this year, none of them through employee negligence.
He felt a business person should not be held responsible for malfunction
of the equipment.
Hr. Walter Ward, Vallco Park, also spoke in opposition to the ordinance.
Mr. Don Bettisworth, 10490 Glenview Avenue, expressed his bell~f that the
ordinance was discriminatory against the business community.
Mr. David Oswalt, 331 N. 1st St., San Jose, the president and general
manager of an alarm system company, reviewed the p~ocedure used in San
Jose to help s'op false alarms and offered his services for &ny assistance
needed.
Hr. Hank Molloy of the Public Safety COl!1Illission felt that allo"ónce of
more than one falAe alarm per year would render the ordinance ineffective.
CC-473
Page 3
Jaycees
cycling
re- :
progrmJ
I
þ
It was moved by Counc. Sparks, seconded by Counc. O'Keefe and passed unan- Public hearing
imou3ly to close the public hearing. closed
It was moved by Counc. S~arks, seconded by Counc. O'Keefe and passed unan- Pub]~c ~earing
imously to reopen the public hearing. reopened
CC-473
Pa.~
Public hearing
closed
Ord. No. 953
referred to
Public Safety
Comm. for re-
vision (False
Alarms)
.
Public hearing
dosed
Res. No. S11 S
adopted
.
HINUTES OF THF. SEPTEMBEII 17, 1979 CITY COUNCIL MEETING
It was moved by Counc. O'Keefe, seconded by Counc. Rogers &nd passed
unanimously to close the public hearing.
Discussion ensued regarding the possibility of requiring registration of
alarm installing companies who operate in the City of Cupertino.
It was moved by Counc. Jackson, seconded by Counc. O'Keefe and passed
unanimously to refer Ordin~ce No. 953 as amended by the Public Safety
Commission back to the Public Safety Commission with instructions to give
(onsideration to adding a provision that would exempt clearly demonstrated
,~ts of God from the false alarm category, and to attempt to amend the
l .finitions of false alarm and owners so that in a false alarm caused by
c~uipment malfunction the service charge would be assessed to the equ1pment
t3nufacturer or servicer. The Public Safety Commission was also directed
to study the provision regarding the notice to be posted on the outside of
tne alarm. Alarms set off by utilities should also be exempt from the false
alarm status. The Public Safety Commission shall bring the revised ordinance
back to Council within one month.
9:30-9:40 p.m. - Recess
18. Vacation of a storm drain easement within the City of Cupertino.
(a) Resolution No. 5114: "A Resolution of the City Council of the
City of Cupertino Ordering Vacation of a Storm Drain Easement
Located at Stevens Creek Boulevard and Ridgeway Drive, TrllCl:
No. 6499, Pursuant to> Section 50430 of the Government Code of
the State of California."
It was moved by Counc. Sparks, seconded by Counc. Jackson and passed unan-
imously to close the public hearing.
It was moved by Counc. Jackson, seconded by Counc. Sparks and passed unan-
imously to adopt Resolution No. 5114.
IS. Vacation of a portion of Stevens Creek Boulevard at Ridgeway Drive.
(a) Resolution No. 5115: "A Resolution of the City COlmcil of the
City of Cupertino Ordering Vacation of a Portion of Stevens Creek
Boulevard at Ridgeway Drive as Provided in Section 8320 et seq.
of the Streets and Highways Code of the State of California,
Retaining Public Utilities Easemenl and Retaining Development
Rights."
:it was moved by Counc. Sparks, seconded by Counc. Rogers and passed unan-
imously to close the public hearing.
It was moved by Counc. Spar.s. seconded ~y Counc. O'Keefe anù passed
unanimously to adopt Resolutio¡¡ No. 5115.
20.
Application 13-Z-79 of J.H.T. Development Co.: Rezoning approximately
1.5 gross acres from Rl (Single-f~mily residential) to P (Planned
Development with residential cluster intent) zone and Environmental
Review: The Enviroomental Review Committee recommends the granting
of a Negative Declaration. Said property is located on the north
side of Wildflower Way approximately 200 f~. easterly of Poppy
Way. Recommended for approval. (This application is to be heard in
conjunction with Application l6-U-79.)
~~~,'¡''''':''~~t?'\'~''";:!~~.~.~~''''~':'I:.'f¡~''~,~ '."T.!7'f,~,~~"~,j'~~~~~'t~~;:Y~~~-,.~~:~~'~~
,'<I
MINUTES OF TBE SEPTEMBER 17, 1979 CITY COUNCIL MEETING
t.
20. (a) First reading of Ordinance No. 954: "An Ordinance of the City
of Cupertmo Amending Section 1 of Ordinance No. 2 by Reaoning
Approxi..te1y 1.5 Groll8 Acres frOlll Rl to P; Located on the
North Side of Wildflower Way Approximately 200 Ft. Eaaterly of
Poppy Way /'
PLANNING APPLICATIONS
21. Application 16-U-79 of J.M.T. Development Co.: Use Permit to con-
struct 13 single-f8lllily cluster homell and Environmental Review: The
Environmental Review CoDlDittee recommends the granting of a Negative
Declaration. Said property is located on the north side of Wild-
flower Way approximately 200 ft. easterly of Poppy Way. Recommended
for ~pproval. (This application is to be heard in conjunction with
Application l3-Z-79.)
I t was moved by Counc. Sparks, seconded by Counc. Rogers and paøsed unan-
imously to close the public hea~ing.
It was moved by Counc. Sparks, seconded by Counc. Rogers and passec! unan-
imously to gran~ Negative Declarations for Applications 13-Z-79 and l6-U-
79.
t
It was moved by Counc. Sparks, seconded by Counc.
Counc. O'Keefe dissenting to approve Application
Planning Commission Resolution No. 1971.
Jackson and passed with
l3-Z-79 according to
It was moved by Counc. Sparks, seconded by Counc. Rogers and passed with
Counc. O'Keefe dissenting to approve Application 16-U-79 according to
Planning Commission Resolution 1972 with Condition No. 20 amended so the
second sentence will read, "Said cODlDitment shall require the !'t'o.iø1on of
one below market rate unit under the City's BMR Program".
It was Moved by Counc. Sparks, seconded by Counc Jackson and passed unan
imous1y to read Ordinance No. 954 by title only and the Mayor's reading
to constitute the first reading.
22. A~plication 18-U-78 of Medevac, Incorporated: Use Permit request
to allow a paramedical team to utilize the Emergency Medical Services
Center to be e~tended to enable the paramedical team to operate on
a ~4-hour basis and Environmental Review: The Planning Commission
recommends the granting of a Negative Declaration. Said property
is located at the northwest corner of Stevens Creek Boulevard and
Vista Drive.
A representative from Medevac answered questions of Council.
Mrs. Nancy Hertert, San Juan Road, spoke in favor of having a paramedic
service available.
~
. ,
CC-473
Page 5
Public hearing
closed
Negative Dec-
larations
l3-Z-79
approved
16-U-79
approved as
amended
First reading
of Ord. No. 951
·.Ó'~ ,<r;,ft'" ~:."ï,. i-·T<"'O"r'",;p"'.:~:r:;..~."f""'l',,",~...;..-:;ç '""¡"9"'~~·1!1'''t~·~·'·',:,''!?,'f.· J"'';:~7'·'':~í·~L.:'':?'~~~'~1 :'7~.'~r".,~~-
CC-473
P..6
Negative Dec.
18-U-78
approved
l8-u-n
approved
.
Basemen t s ec-
urity
HC-51,299.4
approved
Drawings and
minutes in
packets
HC- 51, 4 52
approved
.
MINUTES OF TB~ SE.PTDœER 17, 1979 CITY COUNCIL MEETING
It was moved by Counc. Sparks, seconded by Counc. Rogers and p....d unan-
iBously to grant the Negative Declaration.
It vas IIIOved by Counc. Sparks, seconded by Counc. Jacks01l and passed
una1limously to approve Application 18-U-78 as per the Planning Commis8ion
Resolution 1973.
Non-Agenda Item: Application l8-U-79 of Warren B. He1d (Borelli Brothers):
Use Permit to construct a two-story office building co.'sisting of approxi-
mately 6,500 sq. ft. Said property is located on the north side of Stevens
Creek Boulevard approximately ISO ft. easterly of De Anza Boulevard.
It was moved by Counc. Rogers, seconded by Counc. Sparks and passed
unanimously to approve Application l8-U-79 in accordance with Planning
COIIIIIIission Resolution No. 1977.
ARCHITECTURAL AND SITE APPROVAL COMMITtEE APPLICATIONS
23. None
ITEMS REMOVED FROM CONSENT CALENDAR
11. Application HC-51,299.4 - Stevens Creek Office Center requesting
approval of site, architecture, landscaping, lighting and signing for
three office buildings consisting of approximately 31,400 sq. ft.
Located on the north side of Stevens Creek Boulevard approximately 500
ft. westerly of Saich Way, in a P (Planned Development with general
commercial intent) zone. Recommended for approval.
Council requested that staff verify basement security with the Sheriff's
Department prior to issuance of the building permit.
It was moved by Co~nc. Sparks, seconded by Counc. Jackson and passed
unanimously to approve Application HC-5l,299.4 in accordance with Architec-
tural and Site Approval Committee Resolution No. 907.
Staff was requested to include small drawings pertaining to Architectural
and Site Approval applicAtions and ASAC minutes in Council packets wh~never
possible.
12. Application HC-5l,452 - Hymel-Hathaway, Inc. r~questing approval of
site, architecture, landscaping and lighting for a 6o-unit condominium
development. Property is situated at the scuthwest corner of De
Anza Boulevard and Lazaneo Drive in a P (Planned Development with
residential cluster intent) zone. Recommended for approval.
It was moved by Counc. Sparks, seconded by Counc. Rogers and passed
unanimously to approve Application HC-5l,452 in accordar.ce with Architec-
tural and Site Approval Committee Resolution No. 908.
t.
t
a
HINUTES OF THE SEPTEMBER 17, 1979 CITY COUNCIL MEETING
UNFINISHED BUSINESS
25. PUD procedural change.
By consensus, Council continued this item to the meeting of October 1,
1979.
26. Minutes of adjourned regular City Council meeting of August 21, 1979
(CC-471)
Page 3, line 2 should read, "Counc. Rogers dissenting".
Page 3, New Business, Item 49, line 2, should read, "Building Official
has no discretion in issusnce of building permits".
It was moved by Counc. Jackson, seconded by Counc. Rogers and passed
unanimously to approve the minutes as corrected.
27. Discussion regarring vehicular access to the rear of Orchard Valley
Market Place - Terranomics.
Herritt Sher of Terranomics addressed Council regarding their feelings
of the possibility of considering vehicle access to the rear of Orchard
Valley Harket Place. Council informed Mr. Sher that their minds were not
closed, that they would certainly consider any material he wished to
bring before them; rowever, they would particularly address the issues
of noise and would also look for lack of protest from neighboring resi-
dents. During discussion the question of whether or not Council can over
ru1~ the ERC's request for an environmental study was raised. The City
Attorney will report back to Council.
NEW BUSINESS
28. Report on bid opening for contractual janitorial services, DPW 80-1,
and award of contract.
It was r~ved by Counc. Rogers, seconded by Counc. Sparks and passed unan-
imously to award the contract for janitorial services to Central Hainten-
~nce Co. in the amount of $19,500 and that an additional $1,200 be
appropriated to cover the service center budget.
29. Report on bid opening for #275 "Hustler Rotary Lawn Hower", DPW
80-2, and award of contract.
It was moved by Counc. Sparks, seconded by Counc. Jackson and passed una
irnously to purchase the Hustler Rotary Lawn Mower from Western Lawn
Equipment Co. for the amount of $7,449.68 and that $450 be appropriated
to cover the additional amount needed for the purchase.
30. Regulation of newsrack and/or newsrack sales of obscene materials.
CC-473
Page 7
Continued
Approved as
amended
Vehicle access
Orchard Valley
Market Place
Overruling of
ERC's request
Contract to
Central Maint-
enance
Lawn Hower
pUl'chase
CC.-473
P 8
Sale of ha~
fu1 matter to
/Dinars
Temporary
trailer for
Apple Computer
.
Second reading
of Ord. No. 952
Ord. No. 952
enacted
New proposed
ordinance re-
quested
.
"",-,;",,,.-.,
MINUTES OF THE SEPTEMBER 17, 1979 CITY COUNCIL !ŒETING
It was IIOved by Counc. Rogers, seconded by Counc. O'Keefe and passed
unan:lmously to support an amendment in state law of Section 313.1
and to revi.. thoroughly with the City Attorney's office an ordinance
which will better control the sale of harmful utter to .inors.
Council will .eet with staff in a study Beeston at 7:30 p..., Monday,
October 8, 1979. Staff will prepare an outline regardill& possibilities
of discussion for the session.
32. Request for Apple Computer, Inc. for temporary trailer permit.
It was _ved :'y Counc:. Sparks, seconded by Counc. Jackson and passed
unanimously to approve a temporary office trailer permit for Apple
Computer, Inc. for a period of one year subject to the following COD-
ditions :
1. All landscapins uter1a1 damaged by the trailer shall be
replaced to the satisfaction of the Planning Departaent.
2. In the event that th" private driveway is developed within
this period, the subject structure shall be removed.
WRITTEN COMMUNICATIONS
33. None
ORDINANCES
34. Second readill& 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 District; Located in the Homestead Lanes Center on the
Southeast Corner of Homestead Road and Stelling Road."
It was moved by Counc. Rogers, seconded by Counc. Jackson and passed
unanimously to read Ordinance No. 952 by title only and the Mayor's reading
to constitute the second second reading.
It was moved by Council Rogers, seconded by Counc. Sparks and passed
with Counc. Jackson abstaining to enact Ordinance No. 952.
35. Second reading of Ordinance No. 812: "An O:-dinance of the City
of Cupertino Adding Chapter 10.46 to the Cupertino Hunicipal Code
to Prohibit Certain Types of Construction on Saturdays, Sunday
and Holidays, and During Certain Hours of Weekdays."
By consensus, Council requested that staff bring back a new proposed
ordinance to be intr0duced for first reading at their rergulúr meeting of
October 1. This ordinance shall include a revision relating to the
exclusion of regulated public utilities from restriction. Staff will
&eet ~ith utility companies f0r assistance in wording that portion of
the ordinance.
MINUTES OF THE SEPTEMBER 17, 1979 CITY COUNCIL MEETING
.~
City Manager's Report
Proposed Property Tax Revision as Required Under AB 8 - It was moved by
Counc. SparJcs, seconded by Counr.. Rogers and passed unanimously to
approve the proposed formulae (Y and X) for consideration for the divisio
of property tax between the County and City.
By consensus. Council accepted the resignation of the City Attorney ef-
fective December 3, 1979. Included in the study session of October 8
will be diacussion regarding the method of retaining a City Attorney.
Counc. Sparks was reappointed as the representative to the North Central
Flood Control Advisory Ccmmlttee. Director of Public Works Viskovich
and Director of Planning Sisk were also reappointed as alternates.
CC-473
Page 9
Property tax
formulae
Resignation
of David Adams
Appointment to
Flood Control
Commit tee
City Attorney Adams reported that Judge Kennedy had granted the attorney Burger King
for the Burger King permission to file additional points of authority, an
previous findings were set aside.
The City Attorney reviewed with Council the Summons and Complaint regardi
the validation proceedings on the reorganization with the City of San
Jose. No action was requested at this time.
.
It was moved by Counc. Sparks, seconded by Counc. Meyers and passed with
Counci1members Rogers and and Jackson dissenting to appropriate $900 for
a bronze plaque to be installed in the senior adult cOlIIDunity center.
Validation pro
ceedings re
reorganization
PlaGue for
senior center
It was moved by Counc. Sparks, seconded by Counc. Jackson and passed unan- Display of
imously to prepare an ordinance relating to the display of gasoline prices gasoline price
Gifts from the City of Toyokawa were presented to the City.
It was moved by Counc. Jackson, seconded by Counc. Rogers and passed unan-
imously to appropriate $100 for membership in the Inter-City Council.
The membership dues will be forwarded to the City of Milpitas.
The City Manager was requested to contact Mr. Bill Cutler regarding the
hours of community use of the Trianon.
The City Hanager will draft a letter to De Anza College regarding the
drug paraphernalia for sale at their flea market. He will also r.otify
Lt. HcLarney of the Sheriff's Department.
A study session regarding completion of Highway 85 will be scheduled as
soon as appropriate data is available.
.
It was moved by Counc. Sparks, seconded by Counc. O'Keefe and passed
unanimously to approve that the Cupertino Tournament of Bands display
a banner across Stevens Creek Boulevard for approximately ten days prior
to the event, which will be held October 13. The banner and location must
meet staff approval.
The meeting was adjourned at 12:00 midnight.
£2: -;,.
. //,- //,,-
__<Ã; ( /i.....LP¿.<>
City Clerk /
Gifts from
Sister City.
Hembership
in Inter-Ci ty
Council
Use of Trianon
Drug parapher-
nalia at De
Anza flea mar-
ket.
Highway 85
study
Tour nament of
Bands banner