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CC 01-07-80 .~'. ,e. ""."""'t-:"..¡.,"'. ·\·:':~~,,'1.~~~:~:~i :}o;'~~":":.t.;". þ /·2:I~,··-"':;:;j~' . ~ ,'" . CITY OF CUPERTINO. STATE OF CALIFORNIA 10300 Torre Avenue. Cupertino. CA 95014 Telephone: 252-4505 !CHUTES OF TIlE REGULAR MEETlìI~ OF THE CITY COUNCIL HELD ON JANUARY 7. 1980. IN TIlE C~1P.RCE ROOM, CITY HALL CUPERTINO, CALIFOIUIIA Mayor Meyers called the meeting to order st 6:40 p... in the Conference Room of City Hall. ROI.L CALL Counc. Present: 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 (6:50 p.m.) A~ting City Attorney Kilian (7:30 p.m.) STAFF REPORTS 1. Oral reports by staff members and òubmission of written reports. . City Manager's Report It "as moved by C:>\D1c. Meyers, seeonded by Conne. Jackson and passed with CO\D1c. O'Keefe abstaining to adopt Resolution Ha. 5200, "A Resolution of the City Couneilof the City of Cupertino Approving the Course Route of the Paul Masson Marathon and Requesting the California Department of Transportation Approve the Route and Issue a Permit." /' It was moved by Coonc. O'Keefe, seconded by Counc. Jackson and passed unanimously to direct staff to devise a method of implementing health and other benefits for councilmembers to become effective following the April elecU'Jn. CC-483 Page 1 Res. No. 5200 adopte'" Heal th and other benefits for Council Staff will submit a report to the City Council regarding applications sub- Cable TV mitted for the cable TV franchise at their meéting of January 21, 1980. It was moved by Counc. Sparks. seconded by Counc. Rogers and passed unan- imously to schedule for the meeting of February 4, 1980 an ordinance amending Council compensation to $220 per month. This will be publicized in the Cupertino ~ and newspapers. It was moved by Counc. Sparks, seconded by Counc. O'Keefe and passed unan- imously to appoint Counc. Rogers as alternate to the County Committee on Housing and Community Block Grant Program. . It was moved by Counc. Jackson. seconded by Counc. Sparks and passed unan- imously to approve the hiring of a part time rehabilitation outreach worker using $12,000 of the funds currently available for loans in Crocker Bank. Counc il compen- sation Rogers ap- pointed Rehabilitation outreach worKt:r .-'<.83 Pag~', No ise consult- ant . Items ré?tDoved HC-51,242.1 con t i nued Consent Cal- endar approved . 1···~^='7'-~~·· . ""'"''''''~''ë''F''''""..~:,."",.~<,~.W'o;. ,," , -:,:"~' 'i:,~~,.:;;~;·,...~t~:;'-" MINUTES OF THE JANUARY 7, 1980 CITY COUNCIL MEETING 2. Review of agreement - Stan Shelly, Noise Consultant. It was moved by Co\D1C. Spu.æ, seconded by Counc. O'Keefe and paaa.eI unanimously to approve the agreement with the noise consultant, SCan Shelly, for an 8IDOunt not to exceed $4,600, and subject to language being t Orked out with the Acting City Attorney. A policy decision regarding thé noise ordinance will be made at the February 18 City Council meeting following a joint discussion in public meeting with City Council, Planning eom.tF8ion. Public Safety Commission and the community. The meeting was adjourned at 7:38 p.m. At 7:40 p.m., the meeting reconvened in Council Chamber. SALUTE TO THE FLAG ROLL CALL CQunc. Present: Jackson, O'Keefe, Rogers, Sparks. Mayor Meyers Staff Present: City Hanager Quinlan City Clerk Cornelius Director of Public Wor~s Viskovich Director of Planning and Devt'lopment Sisk Director of Parks and Recreation Butler Acting City Attorney Kilian CONSENT CALENDAR Counc. Sparks requested the removal of Item 8 fr,~ the Consent Calendar. and Counc. Jackson removed Items 12 and 20. It was moved by Counc. O'Keefe, seconded by Counc. Rogers and passed unanimously to continue Item 19 to the January 21, 1.980 meeting. It was moved by Counc. Jackson seconded by Counc. Rogers and passed unanimously to approve the balance of the Consent Cala1dar. 8. Removed 9. Resolution No. 5184: "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 Miscellaneous Expenditures for the Period Ending December 10, 1979." ù. Resolution No. 5188: "A Resolution oi the City Council of th~ City of Cupertino Allowing Certain Claims and Demands Payable in the Amounts and from the Funds as Hereinafter Described for Salaries and Wages for t:,e Payroll Period Ending December 18, 1979." I · · · ··..-"..','..,·~,7:'7..,~',-'·"," .~~,. ,",. <~..,,-; MINUTES OF THE JANUARY 7, 1980 CITY COUNCIl. MEETING CC-483 Page 3 11. Resolution No. 5192: "A Resolution of the City Council of the City of Cupertino Allowing Certain Claims and Deman~s Payable in the Amou t and from the Funela as Hereinafter Describe~ for General and Miscel- laneous Expenditures f~T the Period Ending December 24, 1979." 12. RelllOved. 13. Resolution No. 5193: "A Resolution of the City Council of the City of Cupertino Approving Contract Change Order No. 1 for Senior Citi- zen Center, Project 79-22, Contract No. 18. 14. Resolution No. 5194: "A Resolution of the City Council of the City of Cupertino Accepting Grant of Easement for Roadway Purposes from Louis and Gladys B. Stocklmeir Consisting of Approximately 0.047 Acres, Located along Old Stevens Creek Road and Crescent Road." 15. Reso.Lution No. 5195: "A Resolution of the City Council of the City of Cupertino Approving Contract Change Order No. 2 for North Dc Anza Boulevard Median and Landscaping Installation Proj ect 79-14." 16. Resolution No. 5196: "A Resolution of the City Council of the City of Cupertino Approving the Parcel Map of Property Located along Madera Road; Developer, Marianist Province of the ?acific, a Non- Profit Corporation, and Authorizing the City Enginee~ to Sign and Parcel Map." 17. Resolution No. 5197: "A Resolution of the City Council of the City of Cupertino Declaring its Intention to Change Stre~t Name within the City of Cupertino Pursuant to Section 5026 of the Streets and Highways Code, State of California, Fixing Time and Place for Hearing and Providing Notice Thereof; Change Stelling Road to North Stelling Road and South Stelling Road." 18. Acceptance of City projects performed under contract: Senior Citizen Contract No.9, Lath & Plaster - A. L. Thi~l Plastering Senior Citizen Contract No. 12, Painting - Acropolis Painting 19. Continued. 20. Removed. Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: Jackson, O'Keefe, Rogers, Sparks, Neyers None None None ~-~ .:'> .483 eA . Distinguished Citizen Award . Close public hearing Adopt Res. No. 5190 First reading of Ord. 972 ~ .... .' ",- , ;r:J:,..,.:¡'-' ''',\ ~;': MINUTES OF TIlE JANUARY 7, 1980 CITY COUNCIL MEETING ORAL C<H«JNICATIONS 21. Presentation to Mr. Theodore Yanak in recognition of his being selected California's 1980 Teacher of the Year. Mr. Yanak was presented with a resolution and the first Distinguiahed Citizen award from the City of Cupertino. PUBLIC HEARINGS 22. Proposed application of provisions of the California Vehicle Code to private roads within Brookdale Estates. (a) Resolution No. 5190: "A Resolution of the City Council of the City of Cupertino Making Applicable the Provisions of the California Vehicle Code to Private Roada within the Brookdale Estates Subdivision, Tract No. 5821 Located Westerly of and Adjoining Finch Avenue." (b) First reading of O.'dinance No. 972: "An Ordinance of the City of Cupertino Amending Ordinance No. 831 Regulating Stopping, Standing or Parking on Private Streets, and Providing for Signs Notifying the Public Thereof, and Further Providing for Penalties for Violat ion Thereof." It was moved by Counc. Sparks, seconded by Counc. Jackson and passed unanimously to close the public hearing. It was moved by Counc. Jackson, seconded by Counc. Sparks and passed unanimously to adopt Resolution No. 5190. It was moved by Counc. Jackson, seconded by Counc. O'Keefe and passed unanimously to read Ordinance No. 972 by title only and the Mayor's reading to constitute the first reading. 23. Application 24-Z-77 of City of Cupertino (Town Center): Rezoning approximately 50 gross acres from P (Planned Development) to P (Planned Development with residential, commercial and office use intent) zone and Environmental Review: The Planning Commission recommends the granting of a Negative Declaration. Said property is located on the southeast corner of Stevens Creek Boulevard and De Anza Boulevard. Recommended for approval. (a) First reading of Ordinance No. 966: "An Ordin":1ce of the City of Cupertino Amending Section I of Ordinance No.2 by Rezoning Approximately 50 Gross Acres from P to P; Located on the South- east Corner of Stevens Creek Boulevard and De Anza Boulevard." Mr. Tom O'Donnell, 101 Park Plaza, San Jose, an at~orney representing ~r. Cali, stated that Mr. Cali is not yet ready to develop his property and that he does approve of the concept of De Anza Boulevard being an underpass 2t Steve>ns Creek. . . . MINUTES OF TIlE JANUARY 7, 1980 CITY COUNCIL MEETING . . Jason Chartier, 21060 Homestead Road, Cupertino, property owner, his desire to develop his property as quickly as posaible. G. D. Gibson, Palo Alto, supported staff recommendation that this applic tion go back to the Planning Commission. He further stated that he may develop his property at a lower density than that originally proposed. It was moved by Counc. Sparks, seconded by Counc. Rogers and passed unan. imously to refer Application 24-Z-77 to the Planning Commission. Counci requested an evaluation of the residential portion as soon as possible. They also requested a thorough technical evaluation regarding change of traffic patterns. 24. Application 23-Z-79 of WTW - Warren Whaley (Shutts & Schwimmer): Rezoning approximately .5 of a gross acre from RI-IO (Residential, single-family, 10,000 sq. ft. minimum lot size) zone to RlC (Resi- dential, single-family cluster) zone and Environmental Review: The Planoing Commission recommends the granting of a Negative Declara- tion. Said property is located on the east side of Vista Drive ap- proximately 350 ft. southerly of Forest Avenue. RecoDlllended for approval. (a) First reading of Ordinance No. 973: "An Ordinancû of the City of Cupertino Amending Section I of Ordinance No. 2 by Rezoning Approximately .5 of a Gross Acre from RI-IO to Rl~; Located on the East Side of Vista Drive Approximately 350 Ft. Southerly of Forest Avenue." PLANNING APPLICATIONS 25. Application 25-TM-79 of WTW - Warren Whaley (Shutts & Schwimmer): Tentative Map to subdivide approximately .5 of an acre into five townhouse parcels and one parcel to be held in common ownership and Environmental Review: The Planning Commission recommends the grant- ing of a Negative Declaration. Said property is located on the east side of Vista Drive approximately 350 f. southerly of Forest Avenue. Recommended for approval. Phil Shutts and Peter Schwimmer addressed Council regarding the applica- tion. It was moved by Counc. Sparks, seconded by Counc. Rogers anù passed unan- imously to close the public hearing. It was moved by Counc. Sparks, seconded by Counc. Jackson and passed unanimously to grant Negative Declarations for Applications 23-2-79 and 2 5-TM-79. It was moved by Counc. Sparks, seconded by Counc. Jackson and passed unan imously to approve Application 23-2-79 with additional conditions 18 and 19 as follow: 18. The exterior deck on the second story level interior unit shall not be permitted. CC-483 Page 5 24-Z-77 re- f erred to Planning Comm. Close public hearing Negative Dec. for 23-2-79 an, 25-TM-79 23-2-79 ap- proved with additional con' ditions CC-483 .6 25-1M-79 approved First reading of Ord. 973 Close ¡>ublic hearing Res. No. 5199 adopted - weed abatement . Time certifi- cates Res. No. 5189 adop ted Adopt Res. No. 5191 1~79 mi~!-1 ap- proved as cor- rected . '.-.-,...' ",-,-. ~ ~""'-.. -'-'.;"'~,'~"', ': '~'- + y'-. ',"':-:'f-"','- -.;..,:.,.~, ~.,~. :~. ...' ..";:"'1'j':.-:'''''''''- .... ~ ..~"" . .',- ,." '~;:'-:~!. .~"~. '/" ,t' .. MINUTES OF TIlE JANUARY 7, 1980 CITY COUNCIL MEETING 19. One unit shall be solarized for domestic hot water and all other units shall be plumbed for solar. It was moved by Counc. Sparks, seconded by Counc. Jackson and passed unanimously to approve Application 25-TM-79. It was moved by Co\D1c. Jackson, seconded by Counc. Sparks and pasaed unanimously to read Ordinance No. 973 by title only and the Mayor's reading to constitute the first reading. Resolution No. 5199: "A Resolution of the City Council of the City of Cupertino Ordering the Abatement of Public Nuisance Pursuant to Provisions of Ordinance No. 724 and Resolution No. 5180." It was moved by Counc. Jackson, seconded by Counc. Rogers and passed unanimously to close the public hearing. It was moved by Counc. Jackson, seconded by Counc. Rogers and passed unanimously to adopt Resolution No. 5199. ARCHITECTURAL AND SITE APPROVAL COI1MITT£E APPLICATIONS 26. None ITÐlS REMOVED FROM CONSENT CALENDAR 8. Resolution No. 5189: "A Resolution of the City Council of the City of Cupertino Al10.nng Certain Claims and Demands Payable in the Amount and from the Funds as Hereinafter Described for General and Miscellaneous Expenditures for the Period Ending December 17, 1979." Staff will investigate interest rates through State and Federal time certificates for possible investment of funds. It was moved by Counc. Sparks, seconded by Counc. Rogers and passed unanimously to adopt Resolution No. 5189. 12. Resolution No. 5191: "A Resolution of the City Council of the City of Cupertino Providing for the Order of Succession of the Office of City Manager." 1t was moved by Counc. Jackson, seconded by Counc. Rogers and passed unanimously to adopt Resolution No. 5191 amended to make the order of succession of the office of City Manager automatic when the City Manager is unavailable. 20. Minutes of the regular City Council meetin~ of December 17, 1979. (CC-482) It was moved by Coune. Jackson, seconded by COline. Rogers and passed unanimously to approve the minutes of the Council meeting of December 17, 1979 with the correction of the motion pertaining to Application 20-Z-79. . . . '.,._.......;'"'~~~,'-:":~..."',.'~'>, -., "",'." ,->.-',',",,-"-',-" ,;"': " .. " .~~ ,,-,~.,. ,. - , ,. > "-;~"I' -~t; f"'''~ r.~· <,:1:;':.~r',,:'I'o~-.:~;O¡ MINUTES OF THE JAlflJARY 7, 1980 CITY COUNCIL MEETING UNFINISHED BUSINESS 28. Application 18-TH-79 of Michael G. Pisano: Tentative Map to resub- divide four existing lots of record consisting of approxÚlately one acre into four parcels equaling approximately 10,000+ sq. ft. each and Envirolllllental Review: The Planning Commission rec_nda the granting of a Negative Declaration. Said property ia located on the west side of San Felipe Road at the westerly terminua of Alcalde Road in an Rl-IO (Residential, single-family, 10,000 aq. ft. minimum lot size) zoning district. Recommended for approval. 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 unan- imously to approve Application 18-TM-79 per Planning Commission Resolution 2022. 29. Distribution of sales tax revenues, local advisory propasition. By consensus, Council agreed to not put an advisory measure regarding dis- trib'.tion of sales tax revenues on the April ballot. NE'~ BUS INESS 30. Review of Los Altos Garbage Co. rate increase request. The rate increase request for refuse collection by Los Altos Garbage Compar. was continued to the January 21, 1980 Council meeting. 31. Report on bid opening, Wheelchair Ramp Construction, Project 80-20, and award of contract. It was moved by Counc. Sparks, seconded by Counc. Rogers and passed unan- imously to award the contract for Wheelchair Ramp Construction, Project 80-20, to Miholovich Concrete Company for the amount of $10,188, and auth- orize that the remaining amount in the budget be retained for expanding the project to utilize the entire amount. 32. Appropriation for payment of verification of signatures on Rent Stabilization Initiative Petition. It was moved by Counc. Rogers, seconded by Counc. Jackson and passed unan- imously to appropriate $1,157.52 from the General Fund for payment to the County of Santa Clara Registrar of Voters for checking of signatures on the rent stabilization initiative petition. 33. County Application 911-18-65-79B-79LA - Malisic - Palm Avenue - Review of City water policy applicable to Santa Clara County Subdivision Applicat ion. This item was removed from the agenda. P.--' ".'.. , CC-483 Page 7 Negative Dec. g"anted 18-'l'M-79 approved No advisory measure for ballot LAGCO rate in- crease con- t inued Miholovich awarded con- tract Payment fOl verification of signatures, rent cont rol peti~ion Removed _483 e 8 . . Item-pricing ord inance Reading of ordinance Ord. No. 974 enacted . Second reading of Ord. 969 Ord. No. 969 enacted F.t reading of Ord. 970 ~";'~~--".:t~-.~,~,;·' .,....?:<~"'.~'''II'\.':I'':.-. . 'ltT·":'7·:.'~"''''''·>'''~''''7 .. ~,·,,:~,-~·~~·':"-""'¡";¡"""T"- "~<!}"!t_''r.}'~~'?''''':'- MINUTES OF THE JA1'iUARY 7, 1980 CITY cc,UNClL MEETING 34. Urgency Ordinance No. 974: "An Ordinance of the CitY of Cupertino Adding Chapter 5.36 to Title 5 of the Cupertino Municipal Code to Require Item-Pricing on Packsged ConaUlller CoIIIIIOdities Sold Through an Automatic Checkout System and Declaring thO! Urgeney Thereof." Betty Mann, 22968 Cricket Hill Road, addressed Council expreaaiD8 her desire that individual price marking be continued. Mr. Mark Brodsky, 10380 Malvern, a consumer, spoke against the urgency ordinance as gover~ent interference. Mr. Maurice O'Shea, 20367 Clay, informed Council that he desired that the pricing on items be continued until an opportunity for citizen input has been provided. Information regarding this urgency ordinance will be ;rinted in the Cu~ertino Scene, and on February 4, 1980 discussion will be held. It was moved by Counc. Jackson, seconded by Counc. Rogers and passed unanimously to read the ordinance by title only. It was moved by Counc. Jackson, seconded by Counc. Rogers and passed with Counc. O'Keefe abstaining to enact urgency Ordinance No. 974. WRITTEN COMMUNICATIONS 35. None ORDINANCES 36. Second reading of Ordinance No. 969: "An Ordinance of the City of Cupertino Amending Section 1 of Ordina'~e No.2 by Rezoning Approximately 13.9 Acres as Follows: 4.19 Acres IDcated at the Northwest Corner of the Intersection of Lockwood Drive and Voss Avenue from PR to P Zone; 6.19 Acres Located at the Northwest Corner of the Intersection of Foothill Boulevard and Voss Avenue from SA to PR Zone with the Remaining 3.53 Acre Portion of the School Site from ,~A to P Zone." It was moved by Counc. Jackson, seconded by Counc. Rogers and passed unanimously to read Ordinance No. 969 by title only and the Mayor's reading to constitute the second reading. It was moved by Counc. Jackson, seconded by Counc. Rogers and passed unanimously to enact Ordinance No. 969. 37. First reading of Ordinance No. 970: "An Ordinance of the City of Cupertino Amending Sections 11.20.020 and 11.20.030 of the Cupertino Municip"l Code Relating to Vehicular Stop Required at Certain Inter- sect ions. It was moved by Counc. Jackson, seconded by Counc. Rogers and passed unanimously to read Ordinance No. 970 by title only and the Mayor's reading to constitute the first reading. þ . . þ þ "--"""-'~;~'7':-"- .. ~." .'0,...,.- ~. ':':~'_,'~"O~~_. <~ .....~''\ ""'I;¡;c:,,"'~~;~-' "~""'i~~.""V"--:'::':,.' . , ~""~" :,;":'" - - < " " MINUTES OF THE JANUARY 7, 1980 CITY COUNCIL MEETING 38. First reading of Ordinance No. 971: "An Ordinance of the City of Cupertino Amending Sections 11.24.150 and 11.24.160 of the Cupertino Municipal Code Relating to Stopping, Standing or Parking on Public Streets and Providing for Signs Notifying the Public Thereof." It was moved by Counc. Sparks, seconded by Counc. Rogers and passed unan- imously to read Ordinance No. 971 by title only and the Mayor's reading to conatitute the first reading. RESOLUTIONS 39. None NON-AGENDA öUS¡Ñ~55 40. Recognition by Mayor of special requests. (a) General Audience - None (b) City Council The City Manager will report back to Council at the January 21 meeting regarding a joint meeting between various cities regarding housing. It was moved by Counc. Jackson, seconded by Counc. O'Keefe and passed unanimously to approve that forums held by non-profit community groups in relation to th~ upcoming election (candidates' nights) may be held at the Cupertino Senior Center at no charge. By consensus, Council approved that the Legislative Review Committee resume meetings with the same membership. At 10:50 p.m. the meeting was adjourned to January 14 and January 15, 1980 for interviews of City Attorney applicants. ~V~~~ City C erk CC-483 Page 9 First reading of Ord. 971 HOllsing meet":J"oÕ Election forums use of Senior Center at no charge Legislative Review Comm. "'".._----_._._----,._-"'_..._-'~-----_._------------------,.,_.