CC 11-19-79
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CITY OF CUPERTINO, STATE OF CALIFORNIA
10300 Torre Avenue, Cupertino, California 95014
Telephone: 252-4505
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MINUTBS or TUB REGULAR MEBTING OF THE CITY COUNCIL
HELD ON NOVEJIBEI 19, 1979, IN TUB CONFERENCE ROOK, cm HALL
CUPERTINO, CALIFORNIA
Kayor Meyers called the meeting to order at 6:10 p.m. in the Conferenc
Room of City Ball.
ROLL CALL
Counc. Present: Jackson, O'Keefe, Rogers, Sparks, Mayor H~yers
Staff Present: City Clerk Cornelius
It was moved by Counc. Sparks, seconded by Counc. Rogers and passed
unanimously to appoint Joseph Paul Caccamo to the ~Jb1ic Safety Com-
mission to fill the unexpired term of ....Ian Lee Kitchell, which term
expires in April, 1981.
At 7:25 p.m., the meeting was adjourned.
The meeting was reconvened in the Council Chamber at 7:40 p.m.
SALIITE TO THE FLAG
ROLL CALL
Counc. Present: Jackson, O'Keefe, Rogers, Sparks, Mayor Meyers
Staff Present: City Manager Quinlan
City Clerk Cornelius
Assistant City Attorney Kilian
Director of ?ub1ic Works Viskovich
Director of Planning and Dev~lopment Sisk
Director of Parks and Recreation Butler
Administrative Services Officer Brown
Housing Rehabilitation Counselor Hendee
Counc. Jackson requested that Item No. 17 be removed from the Consent
Calendar.
CONSENT CALENDAR
8. Resolution No. 5148: "A Resolution of the City Council of the
City of Cupertino Allowing Cp.rtain Claims and Demands Payable
in the Amount and from the Punds as Hereinafter Described for
General and Miscellaneous Expenditures for the P~riod Ending
November 5, 1979."
9.
R.solution No. 5150: "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 Sal-
aries and Wages for the Payroll Period Ending November 6, 1979."
CC-478
Paa. 1
Caccamo ap-
pointed to
Public Safety
Commission
Item rer.>oved
CC-478
P..2
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MINOTES OF TBE NOVEKBER 19, 1979 CITY COURCIL MEETING
10. Resolution No. 5153: "A Resolution of the City Council of the
C1~~ of Cupertino Allowing Certain Cla~ and Delllllllda payable
in t..e Amount and from the Fund. u Hereinafter Ducribed for
General and Miscellaneous Expendilureø for the Period Ending
November 13, 1979."
11. Resolution No. 5151: "A Resolution of the City Council of the
City of Cupertino Designating December 9 through 15, 1979 ae the
Bill of Rights Week."
12. Resolution No. 5147: "A Resolution of the City Couû~i1 of the
Cf.ty of Cupertino Authorizing the Execution of the Joint Powers
Agreement Allowing Cupertino to Particip.t~ in the Employee R~-
lations Service". and authorizing payment of the 1979-80 member-
ship fee.
13. Resolution No. 5152: "A Resolution of the City Council of the
City of Cupertino Approving Contract Change Order No.4, N. De
ADze Boulevard Improvemr.nts, Stevens Creek to Lazaneo, Project 79-18,
Piazza Construction Co."
14. Acceptance of Project, Senior Citizens Center:
(a) Contract No. llC, Conklin Brothers, Resilient Flooring.
(b) Contract No.6, Advance Engineering. Automatic Sprinklers.
(c) Contract No.7, Viking Electric, Electrical.
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(d) Contract No.8, Shaw Interior Specialties. Insulation.
(e) Contract No. 10. Sanches Dry Wall. Drywall.
(f) Contract No. 11D, Shaw Interior Specialties, Ceiling.
(g) Contract No. 13, The Tile Place, Miscellaneous Tile.
15. Waiver of business license fee for Girl Scout Cookie Sale, February
l6-May 5, 1980.
16. Application HC-5l,500.1 - J.M.T. Development Company requesting
approval of site, architecture, landscaping and lighting for thirteen
single-family cluster homes. Said property is situated on the
north side of Wildflower Way, westerly of Saratoga-Sunnyvale Road,
in a P (Planned Development) zone. Recommended for approval.
17. Removed.
18. Applic&tion HC-51,467.l - Peninsula Capital Group (Daiwa House -
Stonebridge) requesting approval of site, architecture, landscaping
and lighting for a tennis court facility to be situated within
a new residential develo~ment. Recomme~ded for approval.
. ""0r! c': :;~~r'r'.'·
MINUTES OF THE NOVEKBEK 19, 1979 CITY COUNCIL MEE1LNG
..
19. Minutes of the regular City Council meeting of November 5, 1979.
(CC-477)
It was moved by Counc. Sparks, scconded by Counc. JaCka~n and passed
unani~us1y to approve the balance of the Consent Calendar.
~
Members of the City Council
AYES: Jackson, O'Keefe, Ro~ers, Sparks, Meyers
NOES: None
ABSENT: None
ABSTAIN: None
ORAL COMMUNICATIONS
30. Jlone
PUBLIC HEAlUNGS
.
21. Application 22-Z-79 of Gardenview Terrace: Rezoning approximatel
3.75 gross acres from R1-B6 (Residential, single-family, 6,000
sq. ft. minimum lot size) to P (Planned Development with sing1e-
family cluster intent) zone and Environmental Review: The Pl~n-
ning Commission recommends the granting of a Negative Declaration
Said property is located on the west side of Gardenside Lane and
Poppy Way approximately 100 ít. northerly of Rainbow Drive.
Recommended for approval. (Tnis application is to be heard in
conjunction with Applications 26-U-79 and 23-TK-79.)
(a) First reading of Crdin"oce No. 960: "An Ordinance of the
City of Cupertino Amending Section 1 of Ordinance No. 2 by
Rezoning Approximately 3.75 Gross Acres from Rl-B6 to P;
Located on the West Side of Gardenside Lane and Poppy Way
Approximstely 100 Ft. N(lrtherly of Rainbow Drive."
PLANNING dPPLICATIONS
26. Applications 26-U-79 and 23-TK-79 of Gardenview Terrace: Use
Permit to construct 41 single-family townhous~s; Tentative Hap
to subdivide the bubject property iuto 41 tovnhouse parcels and
and one parcel to be held in common ownership and Environmental
Review: The Planning Commission recommends the granting of a
Jlegative Declaration. Said property is located on the west side
of Gardenside Lane and Poppy Way apprvximately 100 ft. northerly
of Rainbow Drive. Recommended for ap?roval. (These applications
are to be hearð in conjunction with ApplicatioQs 22-Z-79 and
HC-5l, 501.1.)
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29. Application HC-5l,50l.1 - Garden View Terrace, Ltd. Ptsp. request
ing approval of site, architecture, landscaping and lighting for
41-unIt Townhouse Development. Said property is situated or. the
west side of Gardenside Lane, northerly of Rainbow Drive, in a P
(Pl~nned Developm~nt) zone. Recommended for approval. (To be
heacd in conjunction with Applications 22-Z-79, 26-U-79 and
23-111-79. )
Co-478
Page 3
Consent Cal-
endar approved
CC-478
P1J4
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Solar water
heating added
Negative Decs.
granted
22-Z-79
approved
Fia,reading
of... No. 96
26-U-79
approved as
amended
23-TH-79
approved
puAc hearing
c1~d
J
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MINUTES OF THE NOVEMBER 19, 1979 CITY COUNCIL MEETING
Mr. John Rintala, 10350 So. De Anza Boulev~r~, and
building designer, reviewed the application with Council.
Ms. Edith Trompeter, 1163 Crest1ine Drive, expreseed oPPOsition to the
development baøed on volume of traffic.
It was moved by Counc. Sparks, seconded by Counc. Jackson ~nd passed
unanimously to close the public hearing.
It was moved by Counc. Rogers, seconded by Counc. O'Keefe and passed
unanimously to add Condition No. 22 to the use permit stating that
each of the units will provi~e for solar hot water heating. If the
economics of such heating system for East-West units are not advantageous,
those 12 units may be deleted from solar hot water heating with the approval
of the Planning Director.
It was moved by Ccunc. Sparks, seconded by Counc. Rogers sn~ passed
unanimously to grant Negative Declarations for Applications 22-Z-79,
26-U-79 and 23-TH-79.
It was moved by Counc. Sparks, seconded by Counc. Jackson and passed with
Counc. O'Keefe dissenting to approve Application 22-Z-79.
,t was moved by Counc. Jackson, seconded by Counc. Sparks and passed
unanimcus,y to read Ordinance No. 960 by title only and the Mayor's reading
to constitute the first reading.
It was moved by Counc. Jackson, seconded by Counc. Sparks and passed with
Counc. O'Keefe dissenting to approve 26-U-79 witn the addition of Condition
No. 22 which states that each of the units will provide for solar hot
water heating. If the economics of such heating system for East-West
units are not advantageous, those 12 units may be deleted from solar hot
water heating with the approv&l of the Planning Director.
It was moved by Counc. Jackson, seconded by Counc. Rogers and passed
with Counc. O'Keefe dissenting to approve Application 23-TM-79.
PUBLIC HEARINGS (continued)
22. Housing and Community Development Program for Fiscal Years 1980-1982.
Nancy Hendee, Housing Rehabilitation Counselor, reviewed the HousIng and
Community Development Program for lC,31Ì-!'~.
Ms. Zoe Lofgren representing a non-profit housing corporation, addressed
Council.
Jo-Ann Gholson, Regnart Road, expressed favor for expenditure of HCD funds
to remove handicap barriers.
It ·.as moved by Counc. Jackson, seconded by Counc. Rogers and passed
u~animously to close the public hearing.
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MINUTES OF THE NOVEMBER 19, 1979 CITY COUNCIL MEETING
It was moved by Counc. Rogers, seconded by
unanimously to ~pt Reaolution No.05154.
)
Counc. Jackson and paseed
., ])\."'\!elQP{n~ot
It was moved by Co~~c. Rogers, seconded by Counc. Sparks and passed unan
imously to approve the recommended six steps for pursuing the land ac-
quisition program. Counc. O'Keefe moved that a committee not be formed.
The motion died for lack of a second.
Councilmembers Sparks and Rogers will serve on the land acquisition sub-
committee. Director of Planr.ing and Development Siskwi1l contact the
Planning Commission for two members to serve on this subcommittee.
23. Consideration of a false burglary alarm ordinance (continued from
meeting of October 15, 1979).
(a) First reading of Ordinance No. 953: "An Ordinance of the City
of Cupertino Adding a New Chapter 10.25, to the Cupertino Mun-
icipal Code, Regulating the Installation, Operation and Misuse
of Police Alarm Systems and Devices, and Imposing a Service
Charge for the Misuse Thereof."
CC-478
Page 5
HCD plan
approved for
1980-82
Land acquisi-
tion program
Land acquisi-
tion subcom-
mittee
Chairman Robert Gonzales and Commissioner Francis Ho110y of the Public Review of ord.
Safety Commission reviewed the false burglary alarm ordißbnce with Counc
It was moved by Counc. Jackson, seconded by Counc. Rogers and passed wit Sunset clause
Counc. Sparks dissenting to revise the ordinance to read that it expire
30 months after enactment with Council review and possible re-enactment
24-30 months after the ordinance goes into effect.
It \. IS moved by Counc. Sparks and seconded by Counc. Jackson to exclude
public agencies from this ordinance. The motion was defeated, with
Counci1members O'Keefe, Rogers and Meyers dissenting.
It was moved by Counc. Meyers, seconded by Counc. O'Keefe and passed wit
Counc. Rogers dissenting that alarm systems installed in public schools
will be exempt from the ordinance.
Councilmember Jackson moved that the service charge not be i~posed until
after the third false alarm in one year. The motion died for lack of a
second.
Mr. Frank Mulkern, Chamber of Commerce, expressed support for the sunset
clause.
John Fruit, Pacific Valley Bank, spoke in disfavor of the ordinance.
I t was moved by Counc. Sparks, seconded by Counc. ,T ackson and passed
unanimously to close the public hearing.
It was moved by Coune. Jackson and seconded by Coune. O'Keefe that the
service charge be imposed following the third false alarm In cne year.
School alarms
exempt
Public hearing
closed
CC-478
pa.~
Hotlon defeated
Service charge
on third false
alarm per year
,Ord. No. 953
approved
First reading
of Ord. No. 953
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Continued to
12/3/79
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> -~. ,_--CT"
MINUTES OF TBE NOVEMBER 19, 1979 CITY COutiCIL MEETING
The motion was d~feated with Councllmembers :togers. Meyers and Sp.rks
dissenting.
It was moved by Counc. Meyers, seconded by Counc. Jackson and p...ed with
Counc. Rogers dissenting to allow for a eervice charge to be impoeed upon
the third false alarm within a year. This would allow for two f.1e. alarms
per ve.~r prior to any charge.
It was moved by Counc. O'Keefe, seconded by Counc. Rogers and paesed
unanimously to approve Ordinance No. 953 as amended.
It was moved by Counc. Jackson, seconded by Counc. Sparks and passed
unanimously to read Ordinance No. 953 by title only and the Mayor's
reading to constitute the first reading.
24. Application 17-Z-79 of Park Plaza Development (Mayco Construction):
Rezoning approximately five gross acres from CG (General Commercial)
to P (Planned Development with residential intent) zone aod Environ-
mental Review: The Planning Commission recommends the granting of a
Negative Declaration. Said property is located on the southwest
corner of Portal Aven~e and Stevens Creek Boulevard. Recommended
for approval. (This application to be heard in conjunction with
Applications 20-U-79 and 20-TH-79.)
(a) First reading of Ordinance No. 962: "An Ordinance of the City
of Cupertino Amending Section 1 of Ordinance No. 2 by Rezoning
Approximately Five Gross Acres frJm CG to P; Located en the
Southwest Corner of Portal Avenue and Stevens Creek Boulevard."
PLANNING APPLICATIONS (continued)
27. Applications 2D-U-79 and 2D-TH-79 of Park Plaza Development (Hay co
Construction): Use Permit to construct 12 three story buildings with
underground parking to accommodate 144 residential condominium units;
Tentative Map to create one parcel consisting of 144 air spac" condomin-
iums and Environmental Review: The Planning Commission recommends
the granting of a Negative Declaration. Said property is located
on the southwest corner of Portal Avenue and Stevens Creek Boulevard.
R~commended for approval.
It was moved by Counc. Rogers, seconded by Coune. Sparks and passed
unanimously to continue these items to the regular meeting of December 3,
1979.
9: 40-9: 50 - Recess
PUBLIC HEARINGS (continued)
25. Applica~Ion 2l-Z-79 of Harius E. Nelsen: Prezoning approximately
.6 of â gross acre from Santa Clara County C-N (Neighborhood Commer-
cial) to City of Cupen ino pre P (Planned Development with commercial
and office intent) zone and Environmental Review: The Planning Com-
mission recommer.ds the granting of a Negative Declaration. Said property
MINUTES OF THE NOVEMBER 19, 1979 CITY COUNCIL MEETING
..
25. (continued)
is located on the northeast corner of Stevens Creck Boulevard and
Mann Drive. Recommended for är~roval.
(a) First reading of Ordinance No. 963: "An Ordinance of the
City of Cupertino Amending Section 1 of Ordinance No. 2 by Pr
zoning Approximately .6 of a Gross Acre from Santa Clara Count
C-N to City of Cupertino Pre P; Located on the Northeast Corne
of Stevens Creek Boulevard and Mann Drive."
PLANNING APPLICATIONS (continued)
28. Application 27-U-79 of Marius E. Nelsen: Use Permit to conotruct
a commercial office building consisting of approximately 7,500 sq.
ft. and Environmental Review: The Planning Commission recommends
the granting of a Negative Declaration. Said property is located
on the northeast comer of Stevens Creek Boulevard and Mann Drive.
Recommended for approval.
Hr. Marius Nelsen, applicant, requested that Council approve configura-
tion A as submitted rather than configuration C which was approved by
the Planning Commission. He also requested that Council not require the
removal of pavement and curDing per Planning Commission Resolution 2006.
He suggested th" str~et be closed off with a barrier of some type.
tIÞ Mr. Don Bettisworth, 10490 G1enview Avenue; Mr. Harold Mendell, 1106 S.
El Camino Real, San Mateo; Mr. Wes Williams, 10067 Byrne Avenue; and
~~. Ann Anger, Empire Avenue, spoke in favor of approval of configuratio
A.
Another resident of the area expressed approval of configur~tivü ~.
Residents also expressed concern regarding the closure of HsnIl Drive.
It was moved by Counc. Jackson, seconded by Counc. Rogers and passed
unanimously to close the public hearing.
It was ~oved by Counc. Jackson, seconded
unanimously to aPprove configuration A.
used as a barrier at Mann Drive with the
by Counc. Rogers and passed
Integrated landscaping may be
pavement not to be removed.
It was moved by Counc. Jackson, seconded by Counc. Rogers and passe~
unanimously to grant a'Negative Declaration for Application 21~Z-79.
It was moved by Counc. Rogers, seconded by Counc. Sparks and passed unan
im~usly tC' approve Application 21-Z-79 with configuration A as amended.
It was moved by Counc. Sparks, seconded by Counc. Jackson and passed una
imously to read Ordtnance No. 96~ by title only and the Mayor's reading
to constitute the first reading.
tIÞ
CC-478
Page 7
Public hearinl
closed
Configuration
A approved
Negative Dec.
for 2l-Z-79
2l-Z-79
apprúved 35
amended
-First reading
of Ord. 963
.
CC-478
pa,,_.
Negative Dec.
for 27-U-79
.
27-U-79
approved
Revisions can
be done at
ASAC level
Public hearing
to be set
HC- 51,501.1
approved
.
HC-Sl,497.J
approved
Public hearing
set
Considerat ion
of rate in-
cr. request
MINUTES OF THE NOVEMBER 19, 1979 CITY COUNCIL MEF.TING
It was moved by Counc. Rogers, seconded by Counc. Sparks and passed
unanimously to grant a Negative Declaration for Application 27-U-79.
It was moved by Counc. Jackson, se~onded by Counc. Rogers and passed
unanimously to approve Application 27-U-79. The applicant may submit a
reconfiguration showing the curb cut on the weater1y portion of configuration
A.
It was moved by Counc. Jackson, seconded by Counc. Rogers and passed
unanilllOusly that these revisions may be done at the Architectural and Site
Approval Committee level and that the committee may move the curb cut
west to allow joint ingress/egress with adjoining Shopping Center, and to
eliminate a few parking spaces if necessary. Curbs wi11¡~eqtD8ta11ed
a10nl!faøn. Drive based on configuration of plan line. New curbing will
be installed along Stevens Creek Boulevard frontage of property.
The resolution setting a public hearing for the abandonment of Mann Drive
will be brought to Council at their regular meeting of December 3, 1979.
ARCHITELTURAL AND SITE APPROVAL COMMITTEE APPLICATIONS
29. This item was considered with Items 21 and 26. It was moved by Counc.
Sparks, seconded by Counc. Rogers and passed unanimously to approve Applica-
tion HC-51,50l.l.
ITEMS REMOVED FROM CONSENT CALENDAR
17. Application HC-51,497.1 - SEM Development Company (Kensington Gardens)
requesting approval of site, architecture, landscaping and lighting
for an office condominium project. Said property is located on the
north side of Stevens Creek Boulevard, between Portal Avenue and Blaney
Avenue, in a P (Planned Development) zone. Recommended for approval.
It was moved by Counc. Sparks, seconded by Counc. Rog~rs and passed with
Counci1members O'Keefe and Jackson dissenting to approve Application
HC-5l,497.1.
UNFINISHED BUSINESS
31. aequest from Los Altos Garbage Company for a rate increase and amend-
ment to the franchise.
Hr. Paul J. Myers, Jr. of LAGCO was present to answer any questions
Council might have.
It was moved by Counc. Jackson, seconded by Counc. Sparks and passed
unanimously to agendize for December 3, 1979 as a public heaLing the con-
sideration of the franchise extension request.
It was moved by Counc. Jackson, seconded by Counc. Ro~ers and passed
unanimousJy to tentatively agendize for the first meeting in January
the rate increase request.
32. Request for a stop light and continued crossing guard at Stelling
and Jollyman Court.
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MINUTES OF THE NOVEMBER 19, 1979 CITY COUNCIL MEETING
It was moved by Counc. Rogers, seconded by Counc. Jackson and passed
with Counc. Sparks dissenting to adopt staff recommen~at1on pertain1na
to traffic control at Stelling Road and Jollyman Court with the deletion
of the right turn lane.
Mr. Hichae1 O'Kane, 1001 Jollyman Avenue, spoke on behalf of residents
of the area.
It was moved by Counc. O'Keefe, seconded by Counc. Jackson and passed
unanlmously that staff will report back to Council near the end of the
school year regarding the effectiveness of measures taken. If these
actions have proven ineffective, a pedestrian actuated signal will be
considered.
Hr. Hike Hogensen, 7708 Carriage Circle, told Council that previously
authorized street markings and legends were not installed.
33. Report from Rental Task Force regarding proposed mediation board.
By consensus, the proposed formation of a rental dispute mediation
board was dropped.
Hr. Fred St. Claire introduced Mr. Chuck Foley, consultant, who informed
Counci] that after the April election, if they wish to form a mediation
t board, he would be happy to work with the City.
Vivian Nelson, Cupertino, submitted a proposal to Council regarding a
method of receiving complaints from rer.ters.
34. Proposed Senior Community Center Private Usage Policy.
The Council will receive a report regarding Senior Center Private Usage
policy at tiò"ir meeting of December 17, 1979.
CC-478
Page 9
Traffic con-
trol measures
at Stelling an
Jollyman
Report near
end of school
year re effect
iveness
Mediation boar
dropped
Private use of
senior center
35. PropG&~1 legislation amending Section 313.1 of the California Penal Code
Code relating to local option allowing adoption of ordinances reg-
ulating the sale of harmful matter from vending machines.
It was moved by Counc. Sparks, seconded by Counc. Rogers and passed unan
imously to approve the language regarding regulation of news racks and
authorize the Mayor to forward said language to Assemblyman Hayden.
NEW BUSINESS
37. Request for rear delivery at the Round Onion on r,lday, November
30, 1979.
.
By consensus, Council denied the request for rear delivery at the Round
Onion on Friday, November 30. Acting City Attorney Kilian pointed out
to Council that in order to amend a Use Permit, it would be necessary to
conduct public hearings.
Language to
be forwarded
to Hayden
Rear delivcry
denied
· .
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':C-478
p..i~
Set aside
parking spac
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MINUTES 01' THE NOVEKBIiR 19, 1979 CITY COURCIL MEETING
Council suggested that Mr. DYke, proprietor of the Round Onion, talk to
the owner of the Center about eettior ..ide a fw parking epac.. for his
use that day.
At 12: 20 a.m., the meeting was adjourned to 7130 p.m., NClv..ber 20, 1979.
.t2,¿ 4.,æ:~
City Clerk ~