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CC 10-15-79 . . ~ . CITY OF CUPERTINO, S1'ATE OF CALIFORNIA 10300 Torre Avenue, Cupertino, CA 95014 T~lephone: 252-4505 KIN\JTES OF THE REGULAR MEETING OP TBE CITY COUNCIL HELD ON OCTOBER 15, 1979 , IN TBE COIIFERENCE ROOM, CITY HALL CUPERTINO, CALIPORNIA Mayor Meyers called the meeting to order in the Conference Room of City Hall at 6:32 p.m. ROLL CALL Counc. Present: Jackson, O'Keefe, Rogers, Sparks. Mayor Meyers Staff Present: City Manager Quinlan City Clerk Cornelius Director of Finance Snyder Director of Parks and llecreation Butler Director of Planning dnd Development Sisk Director of Public Works Viskovich (6:35 p.m.) Assistant City A~torney Kilian (~:20 p.m.) STAFF REPORTS 1. Oral reports by staff members and submission of written reports. City Manager's lleport West Valley Substation Upddte - The City Kanäaèt'wi11 meet with the architect regarding cost estimates for completion of the basement. Distribution of Basic 1% Levy, Distribution of ~.D.A.F., Energy Conser- vation: The above items will be scheduled for a work session, date to be deter- mined at the Council meeting of Novcm!>er 5. The City Manager was directed to prepare a brief summary of the 1% levy and the S.D.A.F. information. Staff will investigate possible tax ex- emption for the alcohol portion of gasohol. Senior Community Center Private Usage Policy - This will be agendized for November 5, 1979. A description of "hard alcohol" will be added 2I1d iteJIIS 4 and 5 on page 2 will be combined. It was moved by Counc. Sparks, seconded by Counc. Jackson and passed unanimously to authorize the City to initiate a three month trial perio for use of gasohol in City vehicles. City Clerk's Report The vacancy on the Public Safety Commission, created by the resign~tion of Mr. Alan L. Mitchell, will be announced in the Cupertino Scene. Deadline for submitting applications is November 12; interviews will be held at 6:30 p.m., November 19, 1979. CC-476 Page 1 Basement completion Work session scheduled 1% levy, S.D.A.F. tax I exemption Private usag of senior center Use of gasoh, Vacancy on Public Safet: Commiss ion .. ~476' ...2 Bus iness license fee His toric&l Designation and Noise ordinances Off-Street Parking Ord. . ~ Consent Cal- endar approved . ,,-;¡, '\:rrr~?·_:~~·_· MINUTES OF THE OCTOBER 15, 1979 CITY CœJlCIL MEErING 3. Information regarding revision of buøift84. license ordiDance allowing a business license for seniors baaed CD gross receipts. Staff will report to Council on November S, 1979 regardinl possibility of raising business license fee. 2. Items frOll the work program of the nanning DepartllleDt for possible referral to consultant and/or intern. It was lIOVed by Counc. Rogers, secol'ded by Counc. Jackson and passed with Counc. O'Keefe dissenting to investisate the poosibility of a coa- sultant to prepare the Historical Designation Crdinanee and the Noise Ordinance, to get a firm cost and to bring this information back tú Council. It was lIOVed by Coune. Sparks, seconded by Counc. Jack~on and passed unaniaously that the Off-Street Parking Ordinance be gi~en Rank 5, Group 2 in the Planning C~ssion Work Program; other pr\~ject8 i.. Group 2 will be brought forward accordingly. At 7:30 p..., the meeting was adjouned. Tbe meeting was reconvened in the Council ChaJDber by the Mayor at 7:35 p.m. SALUTE TO THE FLAG ROLL CALL Counc. Present: Jackson, O'Kepfe, Rogers, Sparks, Mayor Meyers Staff Present: City Manager Quinlan City Clerk Cornelius Rousing Rehabilitation Counselor Hastings Director of Parks and Recreation Bur1er Director of Pl&nning and Development Sisk Director of Public Works Viskovich Assistant City Attorney Kilian CONSENT CALENDAR It was movl~ by Counc. Sparks, second~i by Counc. Jackson 6nd passed unanimously to approve the Consent Calendar. 9. Resolution No. 5126: "A Resolution of the City Council "f the City of Cupertino Allowing Certain Claims and Demands Pay~ble in the Amount and from the Funds as Hereinafter Described for General and Hisce11aneous Expenditures for the Period Endin~ Octcber 1, 1979." 10. Resolution No. 5127: "A Resolution of the City Council of th., City of Cupertino Allowi~g Certain Claims and Demands Payable in the Amount3 and from the Funds as Hereinafter D~scribed for Salaries 3nd Wages for the Payroll Period "nding October 9, 1979." \:.<... . '1:: ',:1": .4.ü · · · r;"' MINUTE¡¡ OF TB£ OCTOBER 15, 1979 CITY COUNCIL MEETING 11. Resolution Number 5128: "A Resolution of the City Council of the City of Cupertino Approving Contract Change Order No. 1 for Senior Citizen Center. Project 79-3, Contract No. 17, Cabinets." 12. Resolution No. 5129: "A Resolution of the City Council of the City of Cupertino Approving C03tra~t Change Order No. 1 for Inter- connect Conduit. Project 78-12." 13. Resolution No. 5130: "A Resolution of the City C~~ncil of the Cit of Cupertino Accepting Grant of Easement for Roadway Purposes frOB Nicholas Kent Watts and Wllda W. Watts Consisting of Approximately 0.023 Acres, L~cated Along Crescent Road." 14. Resolution No. 5131: "A Resolution of the City Council of the City of Cupertino Autholizing Execution ~f Joint Exercise of Powers Agreement between the Cities of Santa Clara and Cupertino P.e1ating to the Resurfacing of Public Streets." 15. Resolution No. 5132: "A Resolution of the City Council of the Cit of Cupertino Authorizing Execution of Agreement for Engineering Services, Stevens Creek Boulevard Plan Line, HMII, Inc." 16. Request for waiver of business license fee for Friends of the Cupertino Library seco~d annual used paperback sale. 17. Acceptance of CLty projects performed under contract: (a) Senior Citizen Center Contract No. 17 - Cabinets. (b) Senior Citizen Center Co~tract ~o. 10 - Drywall. 18. Acceptance of municipal improvements: (a) Sunny View Lutheran Home - Foothill Boulevard. (b) Orchard Valley Marketplace - Stevens Creek Boulevard. (c) Robert Merrick - Hillcrest Road. 19. Minutes of the regular City Council meeting of October 1, 1979. (CC-474) 20. Minutes of the adjourned regular City Council meeting of October 8, 1979. (CC-475) Vote ßËS: NOES: ABSENT: ABSTAIN: Members of the City Council Jå"ckson, O'Keefe, Rogers, Sparks, None None None Meyers ORAL COHMU}¡ICATIONS 21. None CC-476 Page 3 I ~7~' . Public hearing closed HCD application . MINUTES OF TBE OCTOBER 15, 1979 CITY COUNCIL MEETING PUBLIC HEARINGS 22. Housing and Community Development Program for Fiscal Year a 1980-1982. Ann Anger addressed Council and thanked the City for the expenditure of HCD funds in the Monta Vista area. Lila Steiner. a representative from the Woman's Allicance in San Jose. requested Council endorsement when they apply for funds for the crisis center for battered women in the County. Sue Hasting, Housing Rehabilitation Counselor. reviewed the recommendation for use of HCD funds for the Council. It was movej by Counc. Sparks, seconded by Counc. Jackson and pas9ed unanimously to close the public hearing. It was moved by Coonc. Jackson. seconded by Coonc. Rogers and passed with Counci1members O'Keefe and Sparta dissenting for staff to investigate the possibility of identifying specific sites for inclusion as site acquisition projects in the City's BCD application for the 1980-81 program year. An additional effort will be msde to select from interested developers project proposals that might be assisted with HCD funds. It was moved by Counc. Rogers, seconded by Counc. Sparks and passed with Counc. O'Keefe abs~aining to go on record in support of a multip1icicy of projects throughout the County rather than HCD funds being applied to one large project. 23. Consideracion of a false burg1arly alarm ordinance (continued from September 17, 1979). (a) First reading of Ordinance No. 953: "An Ordinance of the City of Cupertino Adding a New Chapter 10.25 to the Cupertino MUnicipal Code, Regulating the Installation, Operation and Misuse of Police Alarm Systems and Devices, and Imposing a Service CbarKe for the Misuse Thereof." Review of false Hr. Robert Gonzalez, Public Safety Commission Chairman, reviewed the alarm ord. Commission's recommendations for the false alarm ordinance. . Mr. Hank Molloy of the Public Safety Commission suggested that CouncIl consider making the owner of the system liable in case of false alarm. Frank Mulkern, Chamber of Commerce, stated he had no objection to makinK the owner responsible. Hr. Ed Prowse, 10286 Virginia Swan, suggested that all alarm owners be charged a fee upon activation of the alarm. If it is not a false alarm, they could use an appeal process for reimbursement of the monies. Dave Wilson, San Jose Alarm Company; John Gillilan, AnT Alarm Company; John Fruit, Pacific Valley Bank; and Rudy \~okofm, Security General Corp. spoke against th~ proposed ordinance. þ . . MINUTES OF TBE OCTOBER 15, 1979 CITY COUNCIL MEETING . Mr. Gil Hodges, Cupertino Union School District, requested that the school district be exempt from the proposed ordinance. It was IIIOVed by Counc. O'Keefe, secoøled by Coone. Rogers and passed unanimously to close the public hearing. It was moved by Counc. Sparks, secoøled by Counc. O'Keefe and passed unanillOUsly to refer the proposed ordinancð back to the Public Safety Commission for input fros those epealdng during the public hearing and for incorporation of the three changes reCOllllllended by the COIIIIIIiB8ion. Owner of systa is also to be incorporated into the ordin~nce "hich is to be brought back to the Council in completed form. It was moved by Counc. Rogers, seconded by Counc. Jackson and passed unanimously to hear Item 27 out of order. ARCHITECTURAL AND SITE APPROVAL CCItHITTEE APPLICATIONS 27. Application HC-5l.075.48 - Benibana of Tokyo (Valko Park) re- questing approval of the blue color proposed for the exterior tile roof element of a restaurant to be located in Vallco Fashion Park, on the easterly side of Volfe Road. RecODIIIended for denial. Mr. Walter Ward of Vallco Fashion Park addressed Council regarding the proposed blue tile roof for Benihana of Tokyo, Inc. It was moved by Counc. O'Keefe, seconded by Counc. Sparks and passed with Counc. Jackson dissenting to approve Application HC-5l,075.48. 9:25-9:35 p.m. - Recess PLANNING APPLICATIONS 24. Application l7-TK-79 of J .M.T. Development Co.: Tentative Mal' to subdivide approximately two aLres into 15 parcels consisting of 13 residential parcels, one ComDOn area parcel and one parcel equaling approximately .5 of an acres to accommoda~e future de- velopment and Environmental Review: The P1an~~ng Commission rec mends the granting of a Negative Declaration. Said property is located on the north side of Wildflower Way approximately ~oo ft. easterly of Poppy Way. Recommended for approval. It was moved by Counc. Sparks, seconded by Counc. Jackson and passed unanimously to grant a Negative Declaration for Application l7-TH-79. It was moved by Counc. Sparks, seconded by Counc. Rogers and passed with Counc. O'Keefe dissenting to approve Application l7-TH-79 per Planning Commission Resolution 1985. CC-476 Page 5 Public hearing closed Ord. referred to PSC Hear item out of order HC-51 ,075.48 approved Negative Dec. granted 17-TH-79 ap;>roved _7~ . Negative Dec. granted 2l-U-79 approved 22-TH-79 approved as amended . Negative Dec. grant"d 23-U-79 approved 21-TH-79 approveJ pliC hearing scheduled MINUTES OF THE OCTOBER 15, 1979 CITY COUNCIL MEETING 25. Applications 21-D-79 and 22-TH-79 of Regnsrt Creek Estates (WTW - Warren Whaley): Use Permit to construct nine new single-family homes while retaining one existing home for a total of 10 homes on the subject pruperty; Tentative Map to subdivide approximately two a~res into 10 parcels ranging in size from approximately 4.000 sq. ft. to 6,000 sq. ft. and Environmental Review: The Planning Commission re~~. the granting of a Negative Declaration. Said property is located on the north side of Orogrande Place approximately 250 ft. westerly of Stelling Road. Recommended for approval. It was moved by Counc. Sparks. seconded by Counc. Rogers and passed unanimously to grant Negative Declarations for Applications 2l-U-79 and 22-TH-79. It was moved by Counc. Sparks, seconded by Counc. Jackson and passed unanimously to approve Application 2l-U-79 per Planning Commission Resolution 1996. It was moved by Counc. Sparks. seconded by Counc. Rogers and passed unanimously t9approve Application 22-TH-79 per Planning Commission Resolution 1988 with cOddition 15 amended to include Exhibit A, 2nd revision and with the addition of "ondition 20 stating that owners and future owners must be informed of public right-of-way adjacent to their property. 26. Applications 23-U-79 and 21-TH-79 of Rex Associates: Use Permit to construct an 8.000 sq. ft. office building; Tentative Map to reconfigure ten parcels into three parcels. Said tentative map includes a request to abandon the street right of way on Albsmbra Avenue south of Sants Clara Avenue to Stevens Creek Boule- vard. Environmental Review: The Planning Commission recommends the granting of a Negative Declaration. Said property is 10cøted on the northwest corner of Highway 85 and Stevens Creek Boulevard in a pre P (Planned Development) zoning district. Recommended for approval. It was moved by Counc. Sparks, seconded Þy Counc. Rogers and passed unanimously to grant Nega~ive Declarations for Applications 23-U-79 and 2l-TH-79. It was moved by Counc. Sparks, seconded by Counc. Rogers and passed unanimously to approve Application 23-U-79 per Plannin~ r.o~ission Resolutions 1996 and 1998. It was moved by Counc. Sparks, seconded by Counc. Jackson and passed unanimously to approve Application 2l-TM-79 per Planning Commission Resolutions 1997 and 1998. It was suggested that Peninsula Avenue be maintained as a two-way street. Staff will schedule a public hearing for the abandonment "f a portion of Alhambra Avenue. . . . . MINUTES OF THE OCTOBER 15, 1979 CITY COUNCIL MEETING ARCHITECTURAL AND SITE APPROVAL COKHITTEE APPLICATIONS 27. Taken earlier out of order. 28. Application HC-51,495.l - Martin-Hayes. Inc. requesting approval of site, architecture, landscaping and lighting for five single- family cluster homes. Said property is situated at the northeast corner of Foothill Boulevard and McClellan Road in a P (Planned Development with single-family intent) zone. RecODDended for approval. It was moved by Counc. Sparks, seconded by Coone. Jackson and passed unanimously to approve Application HC-51,495.l per Architectural and Site Approval Committee Resolution No. 911. 29. Application HC-5l,450.2 - Warren B. Heid (Borelli Brothers) re- questing approval of site, architecture, landscaping and lighting for an office bUilding consisting of approximately 6,500 sq. ft. Said property i3 situated on the DOrth side of Stevens Creek Boule- vard approximately 150 ft. easterly of De ADZe Boulevard in a P (Planned Development with commercial and professional office use intent) zone. Recommended for spproval. It was moved by Counc. Sparks, seconded by Counc. O'Keefe and passed unanimously to approve Application HC-5l,450.2 per Architectural and Site Approval Committee Resolution No. 912. It was moved by Counc. Rogers, seconded by Coone. Sparks and passed with Councilmembers Jackson and O'Keefe dissenting to return Architectural and Site Approval Committee referrals to the Consent Calendar and not receive reduced maps. It was moved by Counc. Meyers, seconded by Counc. O'Keefe and passed unanimously to reconsider the previous motion. It was moved by Counc. Rogers, seconded by Counc. Sparks and passed unanimously to return Architectural and Site Approval Committee referral to the Consent Calendar. It was moved by Counc. Jackson, seconded by Counc. O'Keefe and passed unanimously that Council packets will include reduced scale drawings of Architectural and Site Approval Committee referrals. ITEMS REMOVED FROM CONSENT CALENDAR 30. None UNFINISHED BUSINESS 31. Report from the task force studying rental practices in Cupertino. CC-476 Pa !(e 7 HC-5l,495.l approved HC-5l,450.2 approved ASAC referrals on Consent Cal endar, no maps Reconsider motion ASAC referrals returned to Consent Cal. Packets to include scale drawings By conoensus, this item was continued to the Council meeting of November Continueù 5, 1979. . .7~ . Removed Draft ord. re news racks on public right of way; Amendment of State law re harmful matter sold via vending machines Råct claim CWCGowan Rej ec t claim of Creech Parking re- quest denied S tripes and bato be i Ued "",!';;:~"'-~:',"'~'''' ',~~.:v~"7,~'.:""'" MINUTES OF THE OCTOBER 15, 1979 CITY COUNCIL MEETING 32. FUD procedural chanae. This item was removed from the Council agenda until notification from Counc. O'Keefe. 33. Discussion of control of sale of harmful matter via vending machines by means of time, place and manner. It was moved by Counc. Rogers, seconded by Counc. Sparks and passed unanimously that the Acting City Attorney draft an orJinance relating to placement and maintenance of newsracks on public right of way. It was moved by Counc. O'Keefe, seconded by Coone. Rogers and passed unanimously that the Acting City Attorneý draft languagè for Council review for an amendment to State law regarding harmful matter sold via vending machines. This language will be submitted to Aasemb1yman Hayden. NEW BUSINESS 34. Claim filed by Marilyn and Roland McGowsn for damages to 1973 Volkswagen. It was moved by COllno:. Sparks, seconded by Counc. Rogers and pass.!d unanimously to reject the claim filed in behalf of Marilyn and ROland HcGowan as the alleged accident occurred outside of the jurisdicition of the City of Cupertino. The City Clerk was authorized to transmit to the claimant ~ rejection of claim notice. 35. Claim filed by California State Automo~ile Association for damages to a 1977 Toyota. It was moved by Counc. Rogers, seconded by Counc. Jackson and passed unanimously to reject a claim filed in behalf of Joe L. Creech and authorize the City Clerk to transmit a rejection of claim notice. 36. Request from W. Á. Duncsn to allow parking at the northeast corner of rantau and Stevens Creek Boulevard during the balance of October and the month of December. It was moved by Counc. Jackson, seconded by Counc. Rogers and passed unanimously to deny the request to allow parking within bike lanes on Stevens Creek Boulevard at the no~theast corner of Tantau for the months of October and December. 37. Request for installation of speed control islands at the joining of Cold Harbor Boulevard and Bixby Drive. It was moved by Counc. Sparks, seconded by Counc. Jackson and passed unanimously to paint the necessary stripes at Cold Harbor/Vicksburg and install the raised bar8 to restrict speeds. 38. Discussion regarding a 25th anniversary celebrati~n for the City of Cupertino (OctobEr 10, 1980). . MINUTES OF TBE OCTOBER 15, 1979 CITY COONCIL MEETING . It was moved by Counc. Sparks, snco!lded by Counc. Jackson and passed unanimously to appoint Councilmembers Rogers and O'Keefe as cochair- persons to coordinate the 25th anniversary celebration of the City of Cupertino. . 39. Request for a stop light and continued crossing guard at Stelling and Jollyman Court. Mr. Mike Mogensen, 7708 Carriage Circle, spoke in behalf of thos. who petitioned for a atop light a: Stelling Road and Jollyman Court. Mr. Michael O'Kan., principal of Jollyman School, expressed his apprecia- tion that Mr. Mogensen included him in the community effort to make it safe for children. He stated that if there was anything Jollyman School or he could do to help and assist, they would be most willing to do so. He stated that he did have the nUllber of children that cross Stelling Road to reach the school, and he would make those num- bers available at any time. Councilman O'Keefe made the motion that staff gather necessary data, come back to Council November 19 and that this item be placed early on the agenda. The motion died for lack of a second. t It was moved by Counc. Jackson, seconded by COUDC. Sparks and passed unanimously to adopt the staff recommendation for stricter rraffic enforcement on Stelling Road and enhancement of existing signinga and pavement legends to be implemented immediately, and the issues of a stop light or stop sign on McClellan to Highway 9, a lower speed limit and the installation of sidewalks to be continued to the meeting of November 19, 1979. 40. County Application 8ll-2~62-79P - Roger and Ronama'e Wonley: Referral of Santa Clara County Use Permit application requesting approval to continue operation of the Hi11view Preschool (approxi- mately 30 children). The subject property is located on the west side of Upland Way approximately 300 ft. southerly of the inter- section with Rainbow Drive. It was moved by Counc. Rogers, seconded by Counc. Jackson and passed unanimously to authorize the Mayor to sign a letter in regard to Hill- view Preschool stating that the City does not oppose the issuance of a use permit providing the school has not significantly impacted the neighborhood with respect to noise or traffic. WRITTEN COMMUNICATIONS 41. None ORDINANCES . 42. Second 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." It was moved by Counc. Jackson, seconded by Counc. Rogers and passed unanimously to read Ordinance No. 956 by title only and the Mayor's reading to constitute the second reading. CC-476 Pag_ 9 IDgers and O'Keefe 25th anniversary i:C)-chairperson Stricter en- forcement on Stelling Road; otheT mat t~rs continued No opposition to continua- tion of school Second reading of Ord. 956 ~~-; ~..' '~,< ",.. ~"""~~""<!'I""""''''",;·~~~~JO'';;!1'~~·'"'''':!1'''',".T'~~':i'C·''''· . " . 'T, .,,! .:::;'" ;"'-" ,,,.,"t ' ' . ':' :/~>'.' ,...~;~"';' ';" "«::." , W76- 10 . . Ord. No. enacted 956 Second reading of Ord. 957 Ord. No. 957 enact~ Reading of Or":. No. 812 aCY Ord. 812 enacted Ivy on PG&E wire Executive Session City At to rney contract con- tinued; re- cruitment authorized . MINUTES OF THE OCTOBER 15, 1979 crlf COOICIL MEETING It was moved by Counc. Jackson, seconded by Counc. Rogers and ,.._ unanimously to enact Ordinance No. 956. 43. Second reading of Ordinance No. 957: "An Ordinance of the City of Cupertino Amending Section 1 of Ordinance Ro. 2 by Ilezonina Approximately 1.8 Gr088 Acres fr_ lU-lO and R3 to P; Located on the North Side of Stevena Creek Boulevard Approximately 300 Ft. Westerly of Portal Avenue." It was moved by Counc. Jackson, seconded by Counc. Rogers and passed unanimoos1y to read Ordinance No. 957 by title only and the Mayor's reading to conatitute the second reading. It was moved by Coone. Rogers, seconded by Coone. Sparks and passed unanimously to enact Ordinance No. 957. 44. Urgency 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, Sdndays and Holidays, and During Certai~ Hours of Weekdays." It was moved by Coune. Jackson, seconded by Coone. Rogers and passed unanimously 1:0 read Ordinance No. 812 by title only. It was moved by Coone. Jackson, seconded by Counc. Rogers and passed with Counci1members Aeyers and Sparks dissenting to enact Urgency Ordinance No. 812. NON-AGENDA BUSINESS 46. Recognition by Mayor of special requests. (a) General Audience - None (b) City Council - Staff was requested to discuss the difficulty with PG&E in regard to the fact that ivy is growing on thetr wire, This will also be discussed with the resident on PLaney. Council adjourned to Executive Session at 11:35 p.m. and reconvened in public meeting at 12:15 a.m. It was moved by Counc. O'Keefe, seconded by Counc. Sparks and passed unanimously by those present (Jackson, O'Keefe, Sparks) to approve the continuance of the contract with the present firm serving as City Attorney and authorize recruitmer.t for a City Attorney on a contractual basis. At 12:20 a.m., the meeting was adjourned to November 5, 1979. -~ / ,7 /// /,,, .. .< ~ / ",,/ ) cfty_ {'~0 .~~: ,I þ- S?....i -c.:..r:"..........~ Ci Clerk /'