CC 12-03-79
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CITY OF CUPERTINO, STATE OF CALIFORNIA
10300 Torre Avenue, Cupertino, CA 95014
Telephone: 252-4505
MINUTES OP THE REGULAR MEETING OF THE CITY COUNCIL
HELD ON DECEMBER 3, 1979, IN THE CO!¡PERENCE ROOM, CITY 3ALL
CUPERTINO, CALIFORNIA
At 6:30 p.m., Mayor H21ers called the meeting to order in the Conference
Room of City Hall.
ROLL CALL
Counc. Present: Jackson, O'Keefe (6:45 p.m.), Rogers, Sparks, Mayor
Meyers
Staff Present: City Uanager Quinlan
City Clerk Cornelius
Director of Planning and Development Sisk
Director of Public Works Viskovi'h
Director of Parks and Recreation ~utler (6:44 p.m.)
Deputy City Clerk Campagna-Blaise
STAFF REPORTS
1. Oral reports by staff members and submission of written reports.
IÞ City Hanager's Report
The Cupertino Scene will consider extra pages in their next issue in
order to include a map depicting the street sweeping schedule.
Annual Fall Refuae Cleanup - The City Manager will encourage citizen ad-
herence to the rules for the refuse c1e~'up.
f..,j'Jstments in per diem schedule will be agendized for the meeting of
December 17. Information regarding a possible salary adjust~ent for
Council members will also be reviewe~.
The City Hanager will talk informally to other cities regarding functions
that the County and speci9l iistriLts now perform.
City Clerk's Report - The City Clerk was requested to report the cost to
the City of checking the signatures on a submitted initiative petition.
Garage rental at 10075 Pasadena Avenue - It was moved by Counc. Jackson,
seconded by Counc. Sparks and passed unanimously to authorize the renting
of the garage at 10075 Pasadena Avenue on a month-to-month basis at $150
a month.
At 7:20 the meeting was adjourned.
,
The meetI~g was reconvened in the Council Chamber at 7:30 p.m.
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CC-480
Page 1
Street sweep-
ing schedule
Fall refuse
cleanup
Per diem
schedule, sal·
ary adjustmen'
Functions of
special dis-
tric ts
Signature on
petition
Garage rental
CC-48Q
P.2
HINUTES OF TBE DECEMBER 3, 1979 CITY COUNCIL MEETING
SALUEE TO THE FLAG
R01.L CALL
Counc. Present: Jackson, O'Keefe, Rogers, Sparks, Msyor Meyers
Staff Present: City Manager Quinlan
City Clerk r~rnelius
Director of Planning &nd Development Sisk
Director of Public Works Viskovich
Director of Parks and Recreation Butler
Deputy City Clerk Campagna-Blaise
Acting City Attorney Kilian
CONSENT CALENDAR
Item removed
Counc. O'Keefe requested that Item No. 13 be removed from the Consent
Calendar.
Consent Calen-
dar approved
It was moved by Counc. Jackson, seconded by Counc. Rogers and passed
unanimously to approve the balance of the Consent Calendar.
.
7. Resolution No. 5156: "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 November 20, 1979."
8.
Resolution No. 5157: "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 Gederal and Mis ce1-
1an20us Expenditures for the Period Ending November 19, 1979."
9. Resolution No. 5158: "A Reso1i1tion 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 Miscel-
laneous Expenditures for the Period Ending November 26, 1979."
10. Removed from agenda.
11. Resolution No. 5160: "A Resolution of the City Council of the City
of Cupertino Resdnding Resolution No. 4841 and Amending the Conditions
of Employm~~t with the City ~~nager by the Granting of a Honthly Car
Allowance4"
12. Resolution No. 5165: "A Resolution of the City Council of the City
of Cupertino Approvin& Contract Change Order No. 1 for North De Anza
Boulevard Median and Landscaping and Ins tallation, Proj ec t 79-14."
13. Rereoved from Consent Calendar.
14.
Resolution No. 5164: "A Resolution of the City Council of the City
of Cupertino Appointing the Assistant City Attorney as Acting City
Attorney. "
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MiNUTES OF THE DECEMBER 3, 1979 CITY COUNCIL MEETING
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13. Waiver of busine8s license fees for Citizens Action L--sue, through
January 31, 1980.
16. Acceptance of City Project perforaed under contract: Senior Citizen
Center, Contract No.5, Heating, VentUat1ón, Air Condit1onina and
Sheet Metal, Peninsula Trane.
17. Acceptance of llUDic1pal improv_entø: Cupertino Card_ Unite 1 6 2
TracL 6059, Homestead and De Anza Boulevard.
18. Minutes of the regular City CouncU meeting of Noveaber 19, 1979.
(CC-478)
19. Minutes of adjourned regular City Council meeting of Nov.-ber 20,
1979. (CC-479)
~ Members of the ~ity Council
AYES:
NOES:
ABSENT:
ABSTAIN:
Jackson, O'Keefe, Rogers, Sparks, Meyers
None
None
None
.
Mayor Meyers recognized Mrs. Sigrid and members of Scout Troop No. 47, an
Mrs. Thomas with member. of Troop 470.
ORAL COMHUHICATIúNS
20. Resolution of appreciation to David H. Adams for hi. service to the
City of Cupertino.
Mayor Meyers p~esented former City Attorney David H. Ada.. with a resolu-
tion of appreciation fro~ the City of Cupertino.
21. Judge Mark Thomas in appreciation of his time serving within Cuper-
tino's jurisdiction.
Judge Mark Thomas addressed Council expressing his pleasure in having
served the City of Cupertino in the Cupertino-Sunnyvale Municipal Court
District.
22. Presentation to the Lity of Cupertino of a resolution pertaining to
energy opportunities in the community.
Hrs. Ann Draper, representing the Sunnyvale-Cupertino Soroptimists, pre-
sented the City of Cupertino with a resolution pertaining to energy
opportunities in the City.
PUBLIC HEARINGS
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23. Consideration of franchise a8rce~ent extension with Los Altos
Garbage Company.
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CC-480
Page 3
Resolution of
apprecia t ion,
David Adams
Judge Thomas
Energy oppor-
tunities
CC-480'
pa.
Franchise
tension
continued
Public hearin
closed
lOOF bingo
permit re-
nl!lied
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MINUTES OF THE DECEMBER 3, 1979 CITY COUNCIL MEETING
ex- It was moved by Counc. 0 'Keefe r seconded by Counc. Rogers and passed unan-
i~usly to continue thp franchise extension request to December 17, 1979.
ORAL COMMUNICATIONS (continued)
Mrs. Ann Anger. Empire Avenue, addressed Council regarding the importance
of completion of Highway 85 and submitted petition forms.
PUBLIC HEARINGS (contin~ed)
24. Renewal of bingo permit. Independent Ord~r of Odd Fellows. Cupertino
Lodge No. 70.
It was moved by Counc. Sparks, seconded by ".cunc. Jackson and passed unan-
imously to close the public hearing.
It was moved by Counc. Sparks, seconded by Counc. Rogers and passed with
Counc. O'Keefe abstaining to approve the renewal of the bingo permit for
the Independent Order of Odd Fellows, Cupertino Lodge No. 70.
25. Application 17-Z-79 of Park Plaza Development (Mayco Construction):
Rezoning approximately five gross acres from CG (General Commercial)
to P (Planned Development with residentia1 intent( zone and Environ-
mental 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. Recommended for approval.
(a) First reading of Ordinance No. 962: "An Ordinance of the City
of Cupertino Amending S~ction 1 of Ordinance No.2 by Rezoning
Approximately Five Gross Acres from OG to P; Located on the South-
west Corner of Portal Avenue and Stevens Creek Boulevard."
PLANNING APPLICATION5
30. Applications 2o-U-79 and 2o-TK-79 of Park Plaza Development (Hay co
Construction): Use Permit to construct 12 three story buildin~ with
underground parking to accommodate 144 residential condominium units;
Tentative Map to create one parcel consisting of 144 air space condo-
miniums and Environmental Review: Toe Planning Commission recommends
the granting of a Negative Declaration. Said property is located on
the ~outnwest corner of Portal Avenue and Stevens Creek Boulevard.
Rtocommended for approval.
Director of Pla~ning and Development Sisk reviewed the applicatior.s with
Council.
Jason Chartier, Homestead Road, Cupertino, the applicant, ~~swered questions
from Councll.
Lon Hilis horn Dick Pennington, Inc. showed slides and transparencies of
similar type ~evelopments.
Martin Hall also addressed Council.
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MINUTES OF mE DECEMBER 3, 1979 CITY COUNCIL MEETING
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Mr. John Johnson, 19831 Price Avenue. submitted a petition to (~'~il
opposing the proposed construction. He requested that density b. c.:t bac
to 12 units per acre.
Andy Prophet. 10171 Deeprose Place, expressed concerns regarding poten- .
tial increases in t~affic.
Mitchell Bohn, 10152 Deeprose Place, also spoke in opposition to the
development.
Bob Thomas, 10114 Randy Lane, manager of Long's Drugs, also expressed ob-
jection to the proposed project.
Herritt Sher, Terranomics Development Corp., requested that he meet with
Counc. Jac~30n, City lianager Quinlan and Director of Planning and Devel-
opment Sisk to discus" the rear access to Orchard Valley Market Place.
He also expressed pre:erence for commercial development of the subject
property.
Ken Robertson, 1013... lIeeprose, expressed concern regarding the quality
of life in Cupertino.
John CarIson, 10203 Portal Avenue. objected to the height of builditlgs
and the effect on property values of the area.
.
Ron Bierman, 19781 Bixby, stated that the underground parking waa only
half underground and he felt the developers were not specific enough.
Jim Joy, 19811 Price Avenue, opposed the development as proposed and
asked questions regarding the BHR program in relationship to this
proj ect.
Bob Fair, 10226 Dennison Avenue, spoke against the parking plan,espec-
ially in relationship to RV's and trucks with campers.
Louise Gilman, 10156 Deeprose, r1so spoke against the proposed develop-
ment.
Donna Booth, 10156 Carol Lee Drive, spoke against the high density as
leading to anonimity for the criminal.
Mr. Chartier stated that the parking was adequate.
It was moved by Counc. O'Keefe, seconded by Counc. Rogers and passed
unanimously to close the public hearing.
It was moved by Counc. Jacksou, seconded by Counc. Rogers and passed with
Counc. Sparks dissenting to deny Application l7-Z-79. Because the zoning
application was denied. the Act ing City At torney informeù Counc 11 it was
~ot necessary to act on the Use Permit and Tentative Map applications.
.
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CC-480
Pase 5
Meeting re
rear access
to Grchard
Valley Harket
Place
Public hearing
closed
17-Z-7';
denied
~¡~
Two story
preferred
City funds
cannot be
used
.
Removal of
speed bumps
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MINUTES OF TBE DECEMBER 3, 1979 CITY COUNCIL MEETING
It was moved by Counc. Sparks that when the General PllIft is to be dle-
cussed that the density of this property be reviewed and that a public
hearing be scheduled for the first posdble .eeting. The IIOtion died for
lack of a second.
It was moved by Counc. Jackson to direct staff to initiate the first annual
General Plan review as soon as possible with the public hearing before
the Planning Co...ission at their second meeting in January. The IIOt1on
died for lack of a second.
Council stated that two story rather than three would be preferable next
to single-family dwellings.
11:20-11:35 p.m. - Recess
PUBLIC HEARINGS (continued)
26. Noise pollution in McClellan Square area.
Acting City Attorney Kilian stated to Council that it was his opinion
that City funds cannot be used to abate this problem. However,
Council could do two things: 1. Adopt a more restrictive ordinance; 2.
Deem the activities going on to be a public nuisance.
Geraldine O'Hara, Paradise Drive, suggested that Council pursue this as a
public nuisar.ce.
Vie Kullberg of Ralph's Market stated that he will continue taking beverage
deliveries in the rear of the store.
Mrs. Moore, Paradise Drive, suggested that people investigate the surroundings
when they buy a home.
Hr. N. Metcalf, Paradise Drive, stated that he had found Ralph's Market
generally responsive.
Mr. Vern Frediani, Paradise Drive, expressed a need for stricter law en-
forcement when deliveries come at times not allowed by local ordinan,e.
The City Manager will contact Sheriff Bob Winter regarding this.
Hr. Kullberg informed Council that he would be happy to have the speed
bumps removed if Sav On Drugs will share the expense.
(City Clerk's Note: Upor. polling of the residents present by the Hayor,
all residents wanted the speed bumps removed.)
Hr. Grant Coons, 10424 Paradise Drive, a new resident of the area, requested
abeyance of the noise.
Hrs. Hoore suggested that the \lalls bet\leen the shopping center and the
residenoes be raised.
Hr. Ron Cali stat~d that one of the alternatives suggested, partial closing
of the back to vehicular traffic, was up to Ralph's and Sav On Drugs.
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HlNUTES OF TBE DECEMBER 3, 1979 CITY COUNCIL ftU'u';
It was moved by Counc. Jackson. seconded by Counc. Iogers ilDd passed
unanimously to direct staff to schedule a hear1ø1 to revise the Cuper-
tino Municipal Code resu.1ating deliveries onl,. between the weekd8}' bours
of 8:00 a.lI. and 10:00 p.lI. and weeiœnd hours of !hOO a... and 10:00 p...
in shopping centers that back onto residential ar.... Al80 included in
the review will be additional operating conditiolllD. Mr. Cali W88 re-
quested to evaluate the posdb:i1ity of the fence height being rai8ed.
Hr. Charles Hunter, db trict manager of Sav On Drugø. informed Counc:i1
that some trucks ~'ill be unable to turn off their IIOtors whUe loading
and unloading.
At 1:00 a.m., the meeting was adjourned to 7:30 p.... Decmeber 4,1979.
A?4¿:-
City Clerk
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CC-480
Page 7
Coóe to be
revised re
deliveries
to shopping
centers