CC 10-01-79
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CITY OF CUPERTINO, STATE OF CALIFORNIA
10300 Torre Avenue, Cupertino, California 95014
Telephone: 252-4505
MINUTES OF TBE REGULAR MEETING OF THE CITY COUNCIL
HELD ON OCTOBER 1, 1979. IN TBE CONFERENCE ROOM, CITY IL\LL
CUPERTINO, CALIFORNIA
Mayor Meyers called the meeting to order at 6:40 p.m. in the Conference
Room of City Hall.
ROLL CALL
Counc. Present: Jackson, O'Keefe, Rogers, Sparks, Mayor Meyers
Staff Present: I:ity Mansger Quinlan
City Clerk Cornelius
Director of Public Works Viskovich
Director of Planning and Development Sisk
Director of Parks and Recreation Butler
Assistant City Attorney Kilian
Administrative Services Officer Brown
City ~mnager's Report - 1980-81 Budget re Fire and Library Districts -
By consensus Council agreed that a formula for allocation should be de-
veloped based on the loss of revenue both fire and library had experience
fr~ Proposition 13 and ðivide the special augmentation fund created by
AB 8 in like manner.
Director of Parks and Recreation Butler announced February 2, 1980 as
the tentative date for the dedication of the new adult community center.
Council reaffirmed their position that seniors would have a priority
for the building's use, but it would also be available for other func-
tions .
The 25th anniversary celebration of the City of Cupertino (October 10,
1980) will be an item of discussion on the October 15 agenda.
Architectural and Site Approval Committee Staff Support Policy - At the
October 15 meeting of the City Council, staff will submH a list of what
items on the planning wGrk progcam could be accomplished by consultants
or interns.
It was moved by Counc. Sparks, seconded by Counc. O'Keete and passed unan
imously to remove Architectural and Site Approval Committee items from to
Consent Calendar for closer review.
Mayor Meyers adjourned the meeting at 7:35 p.m.
The meeting was reconvened in the Council Chamber a. 7:40 p.m.
SALUTE TO THE FLAG
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CC-474
Page 1
Fire and
library funds
Dedication of
adult com-
munity center
25th anniver-
sary of City
Use of con-
sultants and I
or interns for
ASAC
ASAC items
removed from
Consent Cal.
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CC-474
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Consent Cal-
endar approved
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MINUTES OF THE OC'I(;::ER 1, 1979 CITY COUNCIL I-ŒETING
ROLL CALL
Counc. Praent: Jackson, O'Keefe, Rogers, Sparks, Mayor Meyers
Staff Present: City Manager Quinlan
City Clerk Cornelius
Director of Public Works Viskovich
Director of Planning and Development Sisk
Director of Parks and Recreation Butler
Assistant City Attorney Kilian
Administrative Services Officer Brown
CONSENT CALENDAR
Counc. Sparks requested that Item 9 be removed from the Consent Calendar.
It was moved by Counc. Rogers, seconded by Counc. Jackson and passed
unanlmou81y to approve the balance of .he Consent Calendar.
7. Resolutfon No. 5117: "A Resolution of th.. 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 Period Ending September
21, 1979."
8.
Resolution No. 5118, "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 September 25, 1979."
9 . Removed
10. Request for waiver of business license fee,
(a) De Anza Swim Club for garage sale to be held October 6, 1979.
(b) Salvation Army for annual Christmas Kettle Appeal, November
23 through December 24, 1979.
11. Resolution No. 5121: "A Resolution of the City Ccuncil of the
City of Cupertino Approving Contract Changc Order No. 1 for McClellan
Ranch Park Parking Lot Improvements, Project 79-24."
12. Resolution )10. 5122: "A Resolution of the City Council of the
City of Cupertino Approving Contract Change Order No.3 for ~orth
De Anza Boulevard Improvements Project 79-18."
13. Acceptance of municipal improvements:
(a) Sobrato-Berg, Zilog Project, Bubb Road.
(b) Pacific Va:ley Bank - De Anza Boulevard.
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MINUTES OF TBE OCTOBER 1. 1979 CITY COUNCIL MEETING
14. Minutes of the regular City Council meeting of September 17, 1979.
(CC-473)
Vote Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
Jackson, O'Keefe, Rogers, Sparks, Meyers
None
None
None
ORAL COMMUNICATIONS
15. None
PUBLIC HEARINGS
16. A~plicatiQn 16-Z-79 of Regnart Creek Estates (WTW - Wa~en Whaley):
Prezoning approxiaate1y two gross acres from Santa Clara County A
(Agricultural) to City of Cupertino P (Planned Development with sing!
family residential intent) zone and Environmental Review: The Plan-
nins Commission recommends the granting of a Negative Declaration.
Said property is located on the north side of Orogrande Place approxi
mately 230 ft. westerly of Stelling Road. Recommended for apprJva1.
(á) First reading of Ordinance No. 956: "An Ordinance of the City
of Cupertino Amending Section 1 of Ordinance No. 2 by Prezoning
Approximately Two Gross Acres from Santa Clara County A to City
of Cupertino P Zone; Located on the North Side of Orogrande
Place Approximately 230 Ft. Westerly of Stelling Road."
Barry Scott, 22093 Baxley Court, co-developer, reviewed the application
and the proposed dl!Velopment wi th Council.
It was moved by Counc. Rogers, seconded by Counc. Jackson and passed unan-
imously to close the public hearing.
It was moved by Counc. Jackson, seconded by Counc. Rogers and passed unan-
imously to grant a Negative Declaration.
It was moved by Counc. Jackson, seconded by C3unc. Rogers and passed unan-
imously to approve Application 16-Z-79 per Planning C0mmission Resolution
1974.
By consensus, Council requested that staff make the Planning Commission
aware of their concerns regarding the large 3ize oí 'he buildings on the
lots.
It was moved by Counc. Jackson, seconded by Counc. Rogers and passed unan-
¡"",us Iv to read Ordinance No. 956 by title only and the Nayor's reading to
constitute the first reading.
CC-474
Page, 3
Public hearir
closed
Negative Dec.
granted
16-Z-79
approved
Concern re
size of house
First reading
of Ord. 956
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CC-474
P¡4
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Public hearing
closed
Negative Dec.
granted
15-Z-79
aP.ved
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MINUTES OF THE OCTOBER 1, 1979 CITY COUNCIL MEETING
17. Application l5-Z-79 of SEK Development Company, Inc. (Kensins~
Square): Rezoning approximately 1.8 gross acres from Rl-lO
(Residential, single-family, 10,000 sq. ft. minimum lot size)
and R3 (Residential, multiple family) to P (Planned Develop_U
with commercial and office use intent) zone and Environmental
Review: The Planning Commission recommends the granting of .
lIegative Declaration. Said property is locat£.d on the north 81_
of StevtmS Creek Boulevard approximately 300 ft. westerly of Portal
Avenue. Recommended for approval. (This app1ica~ion is to be
heard in conjunction with Applications 19-U-79 and 19-TM-79.)
(a) First reading of Ordinance No. 957: "An Ordinance of the
City of Cupertino Amending Section 1 of Ordinance No. 2 by
Rezoning Approximately 1.8 Gross Acres from Rl-lO and R3 to
P; Located on the North Side of Stevens Crep.~ Boulevard ~x1-
mately 300 Ft. Westerly of Portal Avenue."
PLANNING APPLICATIONS
18. Applications 19-U-79 and 19-TM-/9 ~f SEM Development Company, IDC.
(Kensington Square): Use Permit to construct office buildings aad
private racquet ball facilities consisting of a total of appros~tely
21,000 sq. ft.; Tentative Hap to subdivide the subject property
into 19 condominium office parcels and one parcel to be held in
common ownership and Environmental Revi"",: The Planning CommissJøl1
recommends the granting of a Negative Declaration. Said property
is located on the north side of Stevens Creek Boulevard approx~ely
300 ft. westerly of Portal Avenue. Recommended for approval.
(These application are to be heard in conjunction with Application
l5-Z-79.)
J. Robert Dempster, representi~g SEM Development Co., Inc., rèViewed
the application with Council. He informed Council that Li.e racquet
club would not be public and submitted pictures of the proposed develop-
ment.
Mr. Semas, developer, reviewed the parking, lot coverage and la~~~ú~~g,
all of which conform with 'he General Plan.
Mrs. Jo-Ann Gholson, 22125 Regnart Road, felt that the b~sic architectare
was acceptable and questioned why the area would be rezoned for commercial
when there is a need for housing in Cupertino.
It was mOVtd by Counc. Sparks, seconded by Counc. O'Keefe and passed
unanimously to close the public hearin~.
It was Qoved by Counc. Sparks, seconded by Counc. Rogers and passed
unanimously to grant a Negative Declaration for Application l5-Z-79.
It was moved by Counc. Sparks and seconded by Counc. Rogers to approve
Application l5-Z-79 per Planning Commissicn Resolution 1980.
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HINl'TES OF THE OCTOBER 1, 1979 CITY COUNCIL MEETING
It was '!lOved by Coun~. O'Keefe, seconded by Counc. Jackson and passed
unanimously to reopen the public hearing.
Mr. Dempster stated it was impractical to take such small acresge for
combined residential/commercial use.
It was moved by Counc. Sparks, seconded by Counc. O'Keefe and passed una
imous1y to close the public hearing.
The motion to approve Application 15-Z-79 was approved with Councilmeaber
Jacks~n and O'Keefe dissenting.
It was moved by Counc. Rogers, seconded by Counc. Jackson and passed
unanimously to instruct staff that when an area is zoned for mixed use
that residential always be considered for inclusion.
It was moved by Counc. Rogers, seconded by Counc. O'Keefe and passed una
imously to read Ordinance No. 957 by title only snd the Mayor's reading
to constitute the first reading.
It was moved by Counc. Sparks, seconded by Counc. Rogers and passed unan-
imously to grant a Negative Declaration.
It was roo"/ed by Counc. Sparks, seconded by Counc. Rogers and passed with
Counci1members Jackson and O'Keefe dissenting to approve Application
19-U-79 as per Planning Commission Resolution 1981.
It was moved by Counc. Rogers, seconded by Counc. Sparks and passed with
Councilmembers Jackson and O'Keefe dissenting to approve Application
19-TIf-79 as per Planning Commission Resolution No. 1982 with the addition
of Condition No. 19, as fol1ovs:
19. The Director of Public Wo£ks is authorized to approve amendments to
the map involving the total number of condominium office units and
their internal configuration. The external configuration (building
footprints) and square footage delineated on Exhibit A may not b2
significantly altered.
ARCHITECTURAL AlID SITE APPROVAL COMMITTEE APPLICATIONS
19. None
ITEMS REMOVED FROM CONSENT CALENDAR
9. Resolution No. 5119: "A Resolution úf the City Council of the City
of Cupertino Requesting Termination of the Social Security (Old Age,
Survivors, Disability, and Health Insurance) Agreement between the
City of Cupertino and the State of California."
It was moved by Counc. R0gt~S, seconded ~y Counc. Sparks and p29sed unan-
imously to adopt Resolution No. 5119.
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CC-474
Page 5
ublic hearin
eopened
Public hearil
closed
15-Z-79
approved
First readini
of Ord. 957
Negative Dec.
granted
19-U-79
approved
19"TK-79
approved
as amended
Res. No. 5119
sdopted
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CC-474
PW6
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Entrance of
Santa Paula
S. recom-
m tions
adopted
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MINUTES OF TBE OCTOBER 1, 1979 CITY COUNCIL MEE'rING
l.i1lFINISHED BUSINESS
21. Report regarding study of McCleJ1an Road riðn line and prob1aø with
speeding on Santa Paula.
Nick Bogdanovich, 22201 McClellan Road, spoke in favor of the improv~
ments suggested and also requested additional traffic enforcement.
Scott Epperson, 11411 Bubb Road, stated he felt that the island and/or
trees recommended to restrict traffic flow could be a hazard.
John Puccinelli, 22477 Santa Paula Avenue, liked the traffic flow restric-
tion as presented in Exhibit "D".
Susan Bogdanovich, 22201 McClellan Road, expressed her opinion that the
widening of McClellan at the base of the hill would only encourage speed.
James Klug, 22467
slowing traffic.
two lanes.
Santa Paula Avenue, made various suggestions regarding
He was also in agreement with leaving Foothill at
Council directed staff to look at the condition of the entrance to Santa
Paula in regard to traffic.
I t was moved by Counc. Rogers, seconded by Counc. Sparks and passed
unanimously to adopt the staff recommendations, as well as to apply
signing on McClellan to slow down traffic. One point for signing
could be the top of the hill. Staff recommendationa,are aa2.o11ow:
1. The staff recommendation remains the same for the closure of
Mira Vista as in the previous report as follows:
(a) That the street network be kept as is and no closures allowed
based on the City's general plan of designating McClellan
Road as an east-west collector street. The traffic that it
will generate cannot be eliminated or reduced and, therefore,
any closure within the neighborhood will only redistribute
internally generated and through traffic to other streets
and concentrate all of the traffic on McClellan Road.
(b) Since both McClellan Road and Santa Paula have been planned
for residential development and that concentration on one or
the other is not desirable, that both Santa Paula and McClellan
Road be the extension of McClellan Road to Foothill Boulevard.
(c) Since neither have been fully improved that these be constructed
to the recent standard adopted by the general plan of a 56
ft. right-of-way with 36 ft. curb to curb improvement instead
of the old 60 ft. :ight-of-way with 40 ft. curb to cur~.
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MINUTES OF THE OCTOBER 1, 1979 CITY COUNCIL MEETING
2. That the City Council authorize the staff to proceed with t..tins
of traffic reBt~ictors on the residential streets selected to take a
design as shown in Exhibits "c" and "D", that. notices be sent out
to the residents affected explaining the test procedure and solicit
their assistance in evaluating the project.
:;. That based on recent information, Foothill Boulevard, south of Steve
Creek Boulevard, be designated as two lanes, but that the right-of-
way be retained as four for either mt!clisn, parkway, or future
widening if necessary.
RECESS: 9:50-10:00 p.m.
22. Report from the task force studying rental practices in Cupertino.
It was moved by Counc. Jackson, seconded by Counc. Rogers and passed
with Counc. Sparks absent to continue the matter to the October 15, 1979
meeting. The Building Inspection Department viii check regarding a
renter's ,probU.."n' ITat-d._ re1attng,-·cd ¡ tbencdMllioD>;cU ~tbe building.
23. PUD procedural change.
The matter was continued.
NEW BUSINESS
24. Report regarding the Environmental Assessment Procedure.
Assistant City Attorney Kilian informed Council that an appeal may be
made on a decision from the Environmental Review Committee and that the
Council does have the ability to overrule the requirements of the ERC.
CITY CLERK'S NOTE: Counc. Sparks returned to the Council Chamber.
25. Consideration of a revised ordinance pertaining to construction
noise.
(a) Ordinance No. 812: "An Ordinance of the City of ":upertl:ro
Adding Chapter 10.46 to the Cupertino Municipal Code to Pl'O-
hibit Certain Types of Construction on Saturdays, Sundays alo~
Holidays, and During Certain Hours of Weekdays."
Jo-Ann Gholson spoke against construction early on weekday mornings.
Nancy Clark, a small contractor, spoke against the proposed ordinance.
It was moved by Counc. Jackson, seconded by Counc. O'Keefe and passed
unanimously to read Ordinance No. 812 by title only and the Mayor's
reading to constitute the first reading.
CC-474
Page 7
Rental task
force report
continued
ERC decis ion
may be appeale'
or overruled
First reading
of Ord. No. 81:
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CC-474
Page 8 .
0_ 812 to
be urgency
ord.
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MINUTES OF TIlE OCTOBER 1, 1979 CITY COUNCIL MEETUiG
It was moved by Counc. O'Keefe, seconded by Counc. Rogers and passed
with Counc. Sparks dissenting that the ordinance be presented at ~he
Oct'~ber 15 meeting as an urgency ordinance.
2'J.
Claim filed by ltadlleen Pollack for damages to car resulting from
object allegedly thrown from power mower.
Claim rejected It was moved by Counc. Sparks, seconded by Counc. Jackson and pasaed
unanimously to reject the c1aia.
Parking
approved for
tree lot
Budget trans-
fer for sub-
s.ed taxis
Second reading
of Ord. 954
of No. 954
enacted
27. Reqlles t from Queen' s Quality Trees for CUB tomer parking along
Stevens Creek Boulevard near Randy Lane from December 1 through
December 25, 1979.
It was moved by Counc. Sparks, seconded by Counc. O'Keefe and passed
v1tb . Couacll_bers:løgjØ8 ,1114 Jacuou ~L! ng to. appl'ove parking
frOlll· U.cemller;,1 thi:ougbv~_er ~5:aadvt."'oo8t be borne by Queen's
Quality Trees.
28. Request for a budget transfer from the General Fund to the subsidized
ta:;d program.
It was moved by Counc. Sparks, seconded by Counc. Jackson and passed
unanimously to authorize the t~ansfer of $4,750 from the General Fund
to t~e subsidized taxi program.
It was moved by Counc. Rogers, seconded by Counc. O'Keefe and passed
unanimously for staff to transmit a letter to the County agency dis-
pensing the subsidized taxi funds, with copies to our supervisor, the
MTC, County Executive and the Para~ransit Coordinating Council, that this
transfer was necessitated as the money was not received expeditiously.
29. Annual Affirnative Action Report.
The report was accepted.
WRITTEN COMMUNICATIONS
30. None
ORDINANCES
31. Second reading of Ordinance No. 954: "An Ordinance of the City
of Cupertino Amending Section 1 of Ordinance No. 2 by Rezoning
Approximately 1.5 Gross Acres from Rl to P; Located on the North
Side of Wildflower Way Approximately 200 Ft. Easterly of Poppy
Way. If
It was moved by Counc. Jackson, s~conded by Counc. Rogers and passed
unanimously to read Ordinance No. 954 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
unanimously to enact Ordinance No. 954.
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MINUTES OF THE OCTOBER I, 1979 CITY COUNCIL MEETING
32. Urgency Ord1aance ~I(). 95S: "An Ordinance of the City of Cupertino
Amending S~ctioD 11.12.030 of the Cupertino Municipal Code Relating
to the Establ1shllent of Prillla Fade Speed Limits and Declarilll the
Urgency TIlereof."
It was moved oy CoUilC. Jac1.son, seconded by Counc. Rogers and passed
unanimously to read Ordi".ance No. 955 by title only.
It was moved by Counc. Rogers, seconded by Counc. Jackson and passed
unanimously to enact Ordinance No. 955 with the speed limit on Rainbow
Drive amended to read "30 miles per hour".
RESOLUTIONS
33. Resolution No. 5120: "A Resolution of the City Council of the City
of Cupertino Adopting Guidelines Relating to Claims."
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Page 9
Reading of Ord
No. 955
Ord. No. 955
enacted as
_ended
It was moved by Counc. Jackson, seconded by Counc. Rogers and passed unan Res. No. 5120
i1>ously to adopt Resolution No. 5120. adopted
NOli-AGENDA BUSINESS
34. Recognition by Mayor of special requests.
(a) General Audience - None
(b) City Council
Staff will agendize for the October 15 meeting information regarding a
revision of the business license ordinance allowing a business license
based on gross receipts for seniors.
It was moved by Counc. Rogers, seconded by Counc. Jackson and passed unan
imous1y to accept the resignation of Douglas Aikins and to adopt Reso1uti
No. 5125 appointing Robert Wenzel as Deputy City Attorney.
The City Manager will contact the post office regarding the possibility
of changing the name of Saratoga-Sunnyvale Roaõ to De Anza Boulevard in
the newly annexed area.
Director of Public Works will contact San Carlos Homes and inform them
of Council concern regarding the walkway which is being used .sa motor-
cycle route. Council would like this taken care of and plans submitted
for the landscaping and some sort of maze for this walkway which will
eliminate its current use.
Metropolitan Transportation Commission Report - It was moved by Counc.
Jackson, seconded by Counc. Rogers and passed unanimously to draft a lett
to Adriana Gianturco in response to her memo regarding approval of Multi-
year Federal-Aid Urban Program.
At 11,10, the meeting was adjourneò to 7:30 p.m., October 8 for a study
session.
ß<j 41~.~ø
Cit lerk
Possible re-
vision of bus-
il'.eBS Ii c ens e
ord. re senior
Accept resig-
ation of
Aikins, appoin
Wenzel
Change 0 f
street name
Plaro fo r
walkway
Federal-Aid
rban program