CC 11-05-79
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. CIty OF CUPERTINO, STATE OF CALIFOIUIIA
10300 Torre Avenue, Cupertino, Calf10rnia 95014
Telephone: 252-4505
KtRUTES OF THE REGULAR KEETIl'IG OF TBE CITY COUNCIL
HELD ON NOVEHIIEIl 5, 1979, IN THE CONFERENCE ao.)K, CITY HALL
CUPERTDIO, CALIFORNIA
Mayor Meyers called the meeting to order at 6:35 p.m. in the Conference
Room of City Hall.
ROLL CALL
Counc. Present: Jackson (6:40 p...), O'Keefe, Rogers, Sparks, Mayor
Meyers
Staff Present: Acting City Manager Viskovich
City Clerk Cornelius
Director of Parks and Recreation Butler
Director of Planning and Development Sisk
Director of Finance Snyder
Housing Rehabilitation Counselor Hendee
Deputy City Clerk Cø.pagna-B1aise
Assistant City Attorney Kilian (7:15 p.m.)
STAFF REPORTS
t
1.
Oral reports by staff members and submission of written reports.
City Manager's Report
a. It was moved by Counc. Rogers, seconded by Counc. Sparks and pasøed
with Counc. Jackson absent to adopt Resolution No. 5149 agreeing to a
property tax distribution for territories sffected by a jurisdictional
change.
). By consensus, Council referred the Santa Clara County ordinance re-
lating to vicious animals to the City Attorney for preparation of a City
ordinance. This ordinance will be agendized for the November 17, 1979
meeting.
City Clerk's Note: Counc. Jackson arrived.
c. It was moved by Counc. Rogers, seconded by Counc. Jackson and passed
unanimously to authorize the contract hetween the City and Redwood Manage
ment Corporation for administration of the HCD Block Grant Program.
2. Report regarding ivy bloc!.ing view of vehicular traffic on Blaney
Avenue.
The report submitted by the Code Enforcement Officer was accepted.
~
3.
Response to City Council request for specific detai1s on housing
program.
CC-477
Page 1
Res. No. 5147
adopted re tax
distribution
Vicioufl animal
ordinance
Administration
of HCD Block
Grant Program
Report acceptec
Cr.¡ 77
.2·
Purchase of
land for devel
opment
Transfer to
water fund
""",7'~,\,":.::",""....",."..... .
KINÐTI!S OF TBE NOVEMBER 5, 1979 CITY COUNCIL MEETING
By C_9US, staff was authorized to look at the option of purchasing
18Dd for develo..-nt. This inforaation will be brought to Council duriag
the .......er 19, 1979 public hearing regarding the Housing and ColIIDunity
Develos-ent Progr_.
4. Tr_fer of CoøIunity Develo~ent Block Grant funds.
It v_ _ved by Counc. O'Keefe. seconded by Counc. Sparks and passed
unant.øusly to transfer $12,886 from contingency (CO 79-04) to the water
line project (CO 78-02).
5. ADDua1 review - Urban Service Area Boundaries.
Urban Service By c....ensus, Council approved that the existing Urban Service Area not
Area unchanged be cbaaaed.
Letter re Air
Resources
.
Consent Cal.
approved
,
COUNCIL IIEPORTS
7-11.
Counc:. Jackson will draft a letter to IGC with a copy to the Governor
regarcl1.Qg the Air Resources Board. The letter will be signed by the Mayor.
At 7:30 p.III., the lleeting was c.djourned and reconvened in the Council
Cballlber at 7:35 p...
SAW'I'E 10 TBE FLAG
ROLL CALL
Counc. Present: Jackson, O'Keefe, Rogers, Sparks, Mayor Meyers
Staff Present: Acting City t'.anager Viskovich
City Clerk Cornelius
Director of Parks and Recreation Butler
Director of Planning and Development gisk
Director of Finance Snyder
Housing Rehabilitation Counselor Hendee
Deputy C1ty Clerk Campagna-Blaise
Assistant City Attorney Kilian
CONSENT CALENDAR
It was _ved by Counc. Sparks, seconded by Counc. Rogers and passed unan-
imously to approve the Consent Calendar.
12. Resolution No. 5134: "A Resolution of the City Council of the
City of Cupertino Allowing Certain Claims and Demands Payable in
the Amount anà from the Funds as Hereinafter Described for General
and Miscellaneous Expenditures for the Period Ending October 15, 1979."
,.._w,-:"'~"'"
.
HINUTES OF THE NOVEMBER 5, 1979 CITY COUNCIL MEETING
CC-477
Page 3
.'
13. Resolution No. 5135: "A Resolution of the City Council oi the City
of Cupertino Allowing Certain Claims and Demands Payable in the
Amount and from the Funds as Hereinafter Described for General Lnd
Miscellaneous Expenditures for the Period Ending October 22, 1979."
14. Resolution No. 5136: "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 October 23, 1979."
15. Resolution No. 5137: "A Resolution of the 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
Hiscellaneous Expenditures for the Period Ending October 29, 1979."
16. Resolution No. 5138: "A Resolution of the City Council of the City
of Cupertino Accepting Grant of Easement for Roadway Purposes from
Vernon Gerdau and Debbie Gerdau Consisting of Approximately .12
Acr£s, Located Along Regnart Road."
17. Resolution No. 5139: "A Resolutic1 of the City Council of the City
of Cupertino Accepting Grant of Easement for Roadway Purposes from
Paul Quinterno Consisting of Approximately 0.088 Acres, Located
along Stevens Creek Boulevard West of the Railroad Tracks."
. 18. Resolution No. 5140: "A Resolution of the City Council of the City
of Cupertino Accepting a Grant of Easement for Storm Drain Purposes
from Don Glidden and James Grayson Consisting of Approximately
.03 Acres Located between Regnart Canyon Drive and Regnart Road."
19. Resolution No. 5141: "A Resolution of the City Council of the Ctty
of Cupertino Approving Contract Change Order No.4 for Traffic
Signal Controller Installations, Project 79-2."
20. Resolution No. 5146: "A Resolution of the City Council of the City
of Cupertino Approving Contract Change Order No. 2 for Senior Citize
Center, Project 79-3, Contract No.4, Plumbing."
21. Request for waiver of business license fees:
(a) Purple Heart Veterans Rehabilitation Services, Inc.
(b) Adult Independence Development Center.
22. Resolution No. 5145: "A Resolution of the City Council of the City
of Cupertino Approving Parcel Map and Improvement Plans of Property
Located along the West Side of No. De Anza Boulevard at Lazaneo
Drive; Developer, Gaetano DiVittorio; Authorizing Execution of
Improvement Agreement; Authorizing Signing of Parcel Hap and Improv
ment Plans."
.
23. Resolution No. 5143: "A Resolution of the City Council of the City
of Cupertino Requesting Deletior. of Certain Streets or Highways from
the Federal Aid Urban System."
CC-477
P.4,.
Acceptance of
alcoholism
proclamation;
Scene info.
.
Continued
.
C""J~ '~'_...-",'" .~/-.". ".
MINUTES OF THE NOVEMBER 5, 1979 CITY COUNCIL MEETING
24. Miuutes of the regular City Council meeting of October 15, 1979.
(CC-476)
~ Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
Jackson, O'Keefe, Rogers, Sparks, Meyers
None
None
None
ORAL COMMUNICATIONS
25. Presentation of proclamation declaring November 22 through December
25, 1979 as Alcoholism Action Month.
Ms. Eleanor Mann, president, National Association of Alcoholism, Santa
Clara County, accepted the proclamation on behalf of the Association.
She will send information to the City regarding alcoholism for publication
in the December issue of the Cupertino Scene.
PUBLIC HEARINGS
28. Application 22-Z-79 of Gardenview Terrace: Rezoning approximately
3.75 gross acres from Rl-B6 (Residential, single-family, 6,000
sq. ft. minimum lot size) to P (Planned Development with single-
family cluster intent) zone and Environmental Review: The Planning
Commission recommends the granting of a Negative Declaration.
Said property is located on the west side of Gardenside Lane and
Poppy Way approximately 100 ft. northerly of Rainbow Drive. Recom-
mended for approval.
(a)
First readir.g of Ordinance No. 960: "An Ordinance of
City of Cupertino Amending Section I of Ordinance No.
Rez~~ing Approximately 3.75 Gross Acres from Rl-B6 to
Located on the West Side of Gardens~de Lane and Poppy
Approximately 100 Ft. Northerly of Rainbow Drive."
the
2 by
p.
,
Way
PLANNING APPLICATIONS
30. Applications 16-U-79 ard 23-TH-79 of Gardenview Terrace: Use
Permit to construct 4] single-family townhouses; Tentative Map
to subidivde the subj ect property into 41 townhouse parcels
and one parcel to be held in common ownership and Environmental
Review: The Planning Commiss!on recommends the granting of a Nega-
tive ¡)eclaration. Said property is located on the west side of
Gardenside Lane and Poppy Way approximately 100 ft. northerly of
Rainbow Drive. Recommended for apprúval.
It was moved bv Counc. Sparks, seconded by Counc. Rogers and passed
unanimously to co..:inue to November 19, 1979 at the request of the
applicant.
.
.
.
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HINUTES OF THE NOVEMBER 5, 1979 CITY COUNCIL MEETING
..
P~BLIC HEARINGS (continued)
26. Application 18-Z-79 of Gloria Item: Prezoning .34~ acres from Santa
Clara County RHS (Residential Hillside Slope Density Formula) to
City of Cup~rtino RHS (Residential Hillside Slope Density formula)
zone and Environmental Review: The Planning Colllllission recolllllends
the granting of a Negative Declaration. The subject property is
located on the Foutheast corner of San Juan Road and the future ex-
ter.slon of £1 Cerrito Road approximately 800 ft. westerly of Stevens
Canyon Road. Recommended for approval.
(a) First read in:; of Ordinance No. 958: "An Ordinance of the City
of Cupertino Amending Section 1 of Ordinance No. 2 by Prezoning
.34! Acres from Santa Clara County RHS to City of Cupertino
RHS; Located on the Southeast Corner of San Juan Road and the
Future Extension of E1 Cerrito Road Approximately 800 Ft.
Westerly of Stevens Canyon Road."
Hr. Louis Paviso, San Juan Road, spoke in opposition to putting two
houses on the available land. He also expressed concern regarding the
possible necessity of issuing a variance.
A representative of the property owner assured Council that two houses
could be built without a variance.
It was moved by Counc. O'Keefe, seconded ~y Counc. Sparks and passed
unanimously to close the public hearing.
It was moved by Counc. Sparks, seconded by Counc. Jackson and passed unan
imously to grant a Negative Declaration for the project.
It was moved by Counc. Sparks, seconded by Counc. Jackson and passed
unanimously to approve Application l8-Z-79 per Planning Commission Res-
olution No. 1989.
Council directed that a Hinute Order be issued stating that Council was
not in favor of variances.
It was moved by Counc. Jackson. seconded by Counc. O'Keefe and passed
unanimously to read Ordinance No. 958 by title only and the Hayor's
reJding to constitute the first reading.
Council directed that Mr. Louis Paviso receive notification of any
matters regarding Gloria Item (San Juan Road).
27. Aoplication 19-Z-79 of Catherine Ainsworth: Prezoning approximately
one gross acre from Santa Clara County Rl-lO (Residential, single-
famiiy, 10,000 sq. ft. minimum lot size) to City of Cupertino pre-
RI-lO (Residenti~l, single-family, 10,000 sq. ft. minimum lot size)
zone and Environmental Review: The Planning Commission recommends
the granting of a Negative Declaration. Said property is located
on the south side of Ainsworth Drive approximately 100 ft. north-
westerly of the intersection with Starling Drive. ~ecommended for
approval.
CC-477
Page 5
Public hearin~
c10s ed
Negative Dec.
granted
18-Z-79
approved
Minute Order
against var-
iances
First read ing
of Ord. 958
Póviso to be
notified re
San Juan Road
CC-477
pa.6
Public hearing
closed
Negative Dec.
granted
19-Z-79
approved
First reading
of Ord. No.
959
.
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MINUTES OF TBE NOVEMBER 5, 1979 CITY COUNCIL MEETING
27. (a) First reading of Ordinance No. 959: "An Ordinance of the City
of Cupertino Amending Section 1 of Ordinance No. 2 by Prezoning
Approximately One Gross Acre from Santa Clara County Rl-lO
to City of Cupertino pre Rl-10¡ Located on the South Side
of Ainsworth Drive Approxi_te1y 100 Ft. Northwesterly of the
Intersection with Starling Drive."
It was moved by Counc. Sparks, seconded by Counc. O'Keefe and passed
unsnimously to close the public hearing.
It was moved by Counc. Sparks, seconded by Counc. O'Keefe and pasHed
unanimously to grant a Negative Declaration for the project.
It was moved by Counc. Sparks, seconded by Counc. Jackson and passed
unanimously to approve Application 19-Z-79 per Planning Commission Reso-
lution No. 1990.
It was moved by Counc. Rogers, seconded by Counc. Sparks snd passed
unanimously to read Ordinance No. 959 by title only and the Mayor's
reading to constitute the first reading.
29. Appeal of Planning Commission denial of Application 22-U-79, ARCO
Petroleum Products Co.
Mr. Ted T. Clausen, representative of ARCO, showed Council slides of
various Mini Hart facilities and entered an exhibit showing a proposed
plan for the proposed De Anza Boulevard facility.
Hr. Alf Modine cautioned Council on eliminating service work being done
by stations.
Mr. Scott Epperson, service station worker, stated that there was basically
no station business after 6:00 p.m.
Appeal granted It was moved by Counc. O'Keefe, seconded by Counc. Sparks and passed
with Counc. Jackson dissenting to grant th~ appeal, approving the
request for a use permit to allow an automated self-service gasoline
service station with expanded gasoline storage facilities and a 1,500
sq. ft. convenience market subject to the following conditions:
Cond i t ions
.
1-14. Standard Conditions to the extent that they do not conflict with
the special conditic~s enumerated herein. In the event a conflict
d~~ exist, the special conditions as enumerated herein shalJ
apply.
15. The approval is based upon Exhibits A and B of Application 22-U-79
as may be amended by additional conditions ccntained herein.
16. The applicant shall submit precise site, architectural, land-
scaping, lighting and signing elements to the Architectural and
Site Approval Committee for review and approval. It is noted
that the present approvals are conceptual in nature, and that the
Architectural and Site Approval Committee shall be authorized
to effect modifications as deemed appropriate.
·
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HINUTES OF THE NOVÐlBER 5, 1979 CITY COUNCIL MEETING
17. No public address or paging systems, powered megaphones or eiallar
noisemaking devices will be permitted outdoors at any time.
18. The applicant shall satisfy all requirements of the Central Fire Pro
tection District and Building Department with respect to site and
structural approvals granted under this application.
19. Hours of operation shall be limited to 6:00 a.m. to 11:00 p...,
S€Ven days per week.
20. The applicant shall satisfy the recommendations of the Office of
the Sheriff, Santa Clara County, as follow: the proposed Hini
Harket shall" have (1) the capability to control the pumps from
inside the st".:e so the option will be there to have customers PRY
before or ~Ìter receiving ~a~~line, (Z) cash register area visible
to passing patrolmen, (3) aß-a1arm system with a safe that the
employees can deposit excess cash, but that the employees and robber
won't have access to, and (4) the beer and wine cases located at
the rear of the store, with the cash register between the liquor
case and the door so &s to try to prevent attempted shoplifting.
21. Operating hours shall be reviewed by City Council three months after
opening of the facility.
It was moved by Counc. Sparks, seconded by Counc. O'Ke~fe and passed
with Counc. Jackson dissenting to find the proposed use will not generate
more traffic than presently exists in the area, that the property is of
adequate size and shape to accommodate the proposed use and that the pro-
posed use will not be detrimental to the health, safety, peace, morals
and general welfare of persons in the neighborhood, nor will it be in-
jurious to property and improvements in the neighborhood.
ARCHITECTURAL AND SITE APPROVAL COMMITTEE APPLICATIONS
31. None
ITEM~ REMOVED FROH CONSENT CALENDAR
32. None
UNFINISHED BUSINESS
33. Setting date of work session to study distribution of basic 1% levy,
distribution of S.D.A.F., and energy conservation.
34. Setting date for a work study session regarding Highway 85 extension
through Cupertino.
It was moved by Coune. O'Keefe, seconded by Coune. Rogers and passed
unanimously to schedule the work sessions for November 20, 1979.
~~t~~;,"
CC-477
Page 7
Use will not
impa'.:t traffic
Work study
session 11/20
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CC~7
P .
.
Business
License
Possible rent
_diation
board
~
Wall to be ex-
tended, damage
repai red
Fee for non-
pro! it organi-
zacions
.
,
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MINUTES OF TBE NOVEKBB 5. 1979 CITY COUNCIL MEETING
35. Report regarding possibility of raising business license fee.
Council accepted the staff report.
RECESS: 8:55 p.m.-9:05 p.m.
36. Report from rental task force.
Barbara Brown, Administrative Services Officer, reviewed the results
of the Task Force survey for Council.
Mr. Fred St. Claire submitted an analysis of the Statewide fair rent
controls standards initiative.
Others addressing Council regarding thi.s matter were Bert Avery, Ann
Anger, Ed Prowse, Vivian Nelson, Dad Twidwell, Roy KrlDllp and Alf Modine.
It was moved by Counc. Rogers, seconded by Counc. Jackson and passeu
with Counci1members Sparks and O'Keefe dissenting that the Task Force
meet once more to determine if there would be a benefit from the City
establishing a mediation board for purposes of discussing specific
problems between renters and landlords. If the Task Force believes
this would be of value. Council asked if they would serve as volunteers.
This will be agendized for the November 19. 1979 Council meeting.
NEW BUSINESS
37. Petition requesting closure of Greenleaf Drive to Mariani.
Hr. Robert Jesinger, 20683 Greenleaf Drive, and David Hall, Greenleaf
Drive, presented slides to Council to demonstrate traffic problems
along Greenleaf.
It was moved by Counc. O'Keefe, seconded by Counc. Sparks and passed
unanimously to authorize staff to request BAS to extend the existing
wall across Greenleaf (architecture to be the same as existing w£ll).
The City will repair damaged landscaping and plant a tree [0 block the
visibility of the light on De Anza Boulevard. Reflectors will be placed
along the wall to add visibility. Staff will investigate need for
pedestrian access.
38. Prcposed Senior Community Center Private Usage Policy.
Anita Hendrickson from the American Association of University Women
suggested that the policy should include a minimal use fee for non-
profit organizations. Item 5C of the propo~ed policy will be changed
from ten days to seven days. On November 19, 1979, Council will ~'eview
staff recommendations regarding waiver of charges for non-profit
Rervice organizations holding a non fund raising meeting of community-
wide benefit. However, charges shall still be included for staff time
and a deposit,
t
MINUTES OF THE NOVEMBER 5, 1979 CITY COUNCIL MEETING
.
.
39. Report of bid opening, DPW 80-3, for dump truck and two pickup truc ,
and award of bid.
It was moved by Counc. Jackson, seconded by Counc. Rogers and paned
unanimously to award the bid for the dump truck to Sunnyvale Ford for
their bid of $19,007.78 and award the bid for two 3/4 ton pickup trucks
to Courtesy Chevrolet for their bid of $14,692.36.
40. Request from Los Altos Garbage Company for a rate increase and amend
ment to the franchise.
The request was continued to the meeting of November 19. 1979.
41. Discussion of land use and design related issues concerning photo
drive-up, 1375 So. Saratoga-Sunnyvale Road.
It was moved by Counc. O'Keefe, seconded by Counc. Sparks and passed
unanimously to direct the City Attorney to prepare an urgency ordinance
allowing that until December 3l, 1979, it would be permitted that within
the area of the recent reorganization with San Jose a person could apply
to Capertino for any use permit allowed in the transferring City as thoug
the transfer had not occurred. Included in the ordinance will be a
clause explaining why this is being enacted.
Þ 42. Annual report from auditor.
It was moved by Counc. Sparks, seconded by Counc. Rogers and passed
unanimously to receive the annual audit of the City's financial records
for the Fiscal Year ending June 30, 1979.
43. Request for authorization to demolish existing Senior Citizen
Building.
It was moved by Counc. Sparks, seconded by Counc. Rogers and passed with
Counc. Jackson dissenting to authorize staff to proceed with the demo-
lition of the existing building if there has been no response to in-
quiries regarding moving of the building within two weeks.
44. Review and approval of Alcalde Knolls walkway design.
It was moved by Counc Sparks, seconded by Counc. Rogers and passed unan-
imously to approve the design of the Alcalde Knolls walkway and author-
ize the erection of barriers.
t
45. Resolution No. 5142: "A Resolution of the City Council of the City
of Cupertino Authorizing Execution of Landscape Architect Agreement
between the City of Cupertino and Royston, Hanamoto, Alley [, Abey -
Hemorial Park, Varian Park, and Three Oaks Park", and Request for
Appropriation of Monies for Conceptual Plan of Varian Park and Three
O"ks Park.
CC-477
Page 9
Bids to Sunny-
vale Ford and
Courtest Chev.
Cont inued
Ordinance re
use permits in
transfer area
Audit re-
ceived
Demo 1 ition of
old Sr. !lldg.
if no t moved
Alcalde Knolls
walkway desig~
approved I
CC-477 '
Ie I:.
Res. 5142
adopted
Welcome to
Monta Vista
residents
Removed
Public hearing
set
.
Continued
First reading
of Ord. 961
Res. No. 5144
adopted
.
I
MINUTES OF THE NOVEMBER 5, 1979 CITY COUNCIL MEETING
It was moved by Counc. Sparks, seconded by Counc. Jackson and pass~d
unanimously to adopt Resolution No. 5142, and to appropriate $1,680
from the General Fund.
46. Approval of the Manta Vista island annexation by the Santa Clara
County Board of Supervisors.
Msyor Meyers welcomed the residents of the Man~a Vista island annexa-
tion to the City of Cupertino. Mrs. Ann Anger was present to receive
the welcome.
WRITTEN COMMUNICATIONS
47. Copy of a letter sent by Mrs. L. Hertert to the editor of the
Cupertino Courier regarding a "Hallowe'en fright story".
At the request of Mrs. Hertert, this item was removed from the agenda.
48. Correspondence regarding noise and air pollution at McClellan
Square.
It was moved by Counc. Sparks, seconded by Counc. Jackson and passed
unanimously that Counc. Sparks meet with representatives of Ralph's
Market and residents of the adjacent area to discuss noise and air
pollution problems. This item will be agendized for a public hearing
at the regular meeting of November 19, 1979.
49. Corres~~ndence regarding industrial coal burning in the Cupertino
ar.ea.
This item was continued to the meeting of November 19, 1979,
ORDINANCES
50.
First reading of Ordinance No. 961:
of Cupertino ~dding Chapte~ 10.21 to
Relating to News Racks."
"An Ordinance of the City
the Cupertino Hunicipal Code
It was moved by Counc. Jackson, seconded by Counc. Rogers and passed
unanimously to read Ordinance No. 961 by title only and the Hayor's
reading to constitute the first reading.
RESOLUTIONS
51.
Resolution No. 5144:
of Cupertino Amending
Record ings . "
"A Resolution of the City Council of the City
City Council Procedures Relating to Tape
It was moved by Counc. Jackson, seconded by Counc. Rogers and passed
unanimously to adopt Resolution No. 5144.
The meeting was adjourned at 12:20 a.m.
¿:?¿. 0
s, City Clerk