CC 02-04-80
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CITY OF CUPERTIII), STATE OF CALIFORNIA
10300 Torre Avenue, Cupertino, CA 95014
Telephone: 252-4505
MINUTES OF THE RmULAR MEETING OF THE CITY COUNCIL
HELD ON FEBRUARY 4, 1980, IN THE COUNCIL C1IAM&ER, CITY HALL
CUPERTIII), CALIFORNIA
Mayor Meyers called the meeting to order at 6:40 p.m. in the Council
Chamber, City Hall.
T{OLL 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
Assistant City Engineer Whitten (left at 7:00 p.m.)
CDBG Coordinator Hendee
Director of Parks and Recreation Butler (6:45 p.m.)
City Attorney Kilian (7:30 p.m.)
STAFF REPORTS
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Oral reports by staff members and submission of written reports.
City Manager's Report
Cable TV - It was moved by Counc. Sparks, seconded by Counc. Jack-
son and passed unanimously for ataff to seek a consultant to analyze the
Cahle TV proposals submitted. The name of consultant and cost will be
submitted for approval.
Staff was requested to review the Cable TV ordinance to determine its
adequacy and the stated method of dealing with a franchise awardee who
did not follow through with claimed services. Staff was directed to
be aware of posaible conflict between a consultant and Cable company.
Council requested the consultant charge a fixed fee, with the larger
percentage of the fee being borne by the successful applicant.
CITY CLERK'S NOTE: Assistant City Engineer Whitten left Council Chamber
at 7:00 p.m. City Attorney Kilian arrived at 7:30 p.m.
COUNCIL REPORTS
Legislative Review Committee - Counc. Rogers
It was moved by Counc. Rogers, seconded by Counc. Jackson and passed
unanimously to take the following action on legislation:
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AB 131G was referred to the Perscnnel Officer for review and commen
The City Clerk's office will obtain a copy "f the following bills
and staff will review: AB 1791, AB 2212, SB 1352 and SB 1389.
Council took no action on AB 2102.
CC-485
Page 1
Consultant for
Cable TV
Review of
Cable TV
ordinance
Action on
legislation
CC':"485
_2
Items removed
.
.
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MINUTES OF THE FEBRUARY 4, 1980 CITY COUNCIL MEETING
RECESS: 7:28 p.m. to 7:38 p.m.
CONSENT CALENDAR
Counc. Rogers requested the removal of Item 16. Counc. Jackson removed
Items 10 and 16.
7. Resolution No. 5217: "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 Miscel-
laneous Expenditures for the Period Ending January 21, 1980."
8. Resolution No. 5218: "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 Herinafter Described for General and
Miscellaneous Expenditures for the Period Ending January 28, 1980."
9. Resolution No. 5219: "A Resolution of the City Council of the City
of Cupertino Allowing Certain Claims and Demands Payable in the Amoun~s
and from the Funds as Hereinafter Described for Salaries and Wages
for the Payroll Period Ending January 29, 1980."
10. Removed
ll.
Resolution No. 5221: "A Resolution of the City Council of the City
of Cupertino Approving Contract Change Order No. I for Increase in
Quantity at Unit Prices Bid for Pavement Markers and Thermo-Plastic
Marking."
12. Resolution No. 5222: A Resolution of the City Council of the City
of Cupertino Rescinding Resolution No. 5193 and Approving Change
Order No. 1 for Senior Citizen Center Irrigation and Landscaping
Proj ect 79-15."
3. Resolutio'1 No. 5225: "A Resolution of the City Council of the City
of Cupertino Approving Contract Change Order No. 4 for Traffic Signal
Interconnect System, Proj ect 78-12."
4. Resolution No. 5224: "A Resolution of the City Council of the City
of Cupertino Approving Contract Change O~der No. 3 for Senior Citizen
Center, Project 79-3, Contract No.6."
5. Acceptance of City Project performed under contract: McClellan
Ranch Parking Lot Improvement, Project 79-24.
6. Rell!Oved
7. Request for waiver of business license fee for Church of Christ for 1980.
8.
Request for waiver of business license fee for Easter Seal Society
for 1980.
9. Minutes of th~ regular City Council meeting of January 21. 1980.
(CC-484)
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MINUTES OF THE FEBRUARY 4 1980 CITY COUNCIL MEETING
It was moved by Counc. Rogers, seconded by Counc. Jackson and passed
unanimocsly to approve the balance of the Consent Calendar.
ORAL COHHUNICATIONS
20. Proclamation - National Engineers Week.
Representatives of the National Society of Professional Engineers were
present to receive the proclamation.
PUBLIC HEARINGS
21. Change of street name from Stelling Road to North Stelling Road and
South Stelling Road.
(a) Resolution No. 5223: "A Resolution of the City Council of the
City of Cupertino Ordering Street Name Change within the City
of Cupertino Pursuant to 3ection 5026 of the Streets and
Highways Code, State of California; Change Stelling Road to
North Stelling Road and South Stelling Road."
It was moved by Counc. Jackson, seconded by Counc. Sparks and passed
unanimously to close the public hearing.
It was moved by Counc. Sparks, seconded by Counc. Rogers and passed
unanimously to adopt Resolution No. 5223.
The street name change will occur with consent of Santa Clara County.
22. Application 27-Z-79 of William L. Carmen: Prezoning approximately
.4 of a gross acre from Santa Clara County CN (Neighborhood Commer-
cial) to City of Cupertino P (Planned Development with commercial
and residential intent) zone and Environmental Review: The Plannin
CODmdssion recommends the granting of a Negative Declaration. Sai
property is located at the southeast corner of Pasadena Avenue and
Granada Avenue. Recommended for approval.
(ai First reading of Ordinance No. 979: "An Ordinance of the City
of Cupertino Amending Section I of Ordinance No. 2 by Pre-
zoning Approximately .4 of a Gross Acre from Santa Clara
County CN to City of C"pertino P; Located at the Southeast
Corner of Pasadena Avenue and Granada Avenue.1t
PLAI~¡ING APPLICATIONS
23. Application 3l-U-79 of William L. Carmen: Use Permit to construct
a 9,500 sq. ft. building consisting of approximately 5,750 sq. ft.
devoted to office uses and three second-story level apartments con-
sisting of approximately 3,750 sq. ft. and Environmental Review:
The Planning Commission recommends the granting of a Negative Dec-
laratio~. Said property is located at the southeast corner of
Pasadena Avenue and Granada Avenue. Recommended for approval.
CC-485
Page 3
Consent Cal-
endar approved
Proclamation
Pub::'ic hearing
closed
Res. No. 5223
adol'ted
Count consent
C¥5
P 4
Public hearing
("losed
Negative Dec.
gra;:¡ted
27-Z-79
approved
First reading
of Ord. 979
31-U-79
8J1}1rove::a 8t1
amended
.
Res. No. 5220
adopt..~
Interconnect
initiation
Contract ap-
proved as to
form; staff to
fill in
.
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MINUTES OF THE FEBRUARY 4, 1980 CITY COUNCIL MUTING
Mr. Jeff McKnight, architect, addressed Council. Ruth Costa and Lealie
Hayes, pdjacent property owners, spoke in approval of the architecture.
It was moved by Counc. Sparks, seconded by Counc. O'Keefe anel paeaed
unanimously to close the public hearing.
It wae moveel by Co\r.IC. SPU!ca, aeconded by Coune. Jac:ksoû anel ,a"¡ ècI
onanimoualy to grent a Bèìat1ve Declaration for Appl1cat1ouø 27-Z.79 anel
31-U-79.
It WM moved by Counc. Jackson, seconded by Counc. O'lteefe and pasaed
unanimously to approve Application 27-Z-79 per Planning CoIBÙaion Rea-
olution No. 2026.
It was moved by Counc. Sparks, seconded by Coonc. Jsckson and passed
unanimously to read Ordinance No. 979 by title only and the Mayor's reading
to constitute the second reading.
It was moved by Coonc. Jac:ltøon, seconded by Counc. Sparks and pasaed unan-
imoualyt to approve Application 31-U-79 per Plana1ng CoDadaaion Resolution
No. 2027 with Condition No. 17 amended to include, "and the poasibllity
of solar heating system for hot water heatina tor the comaercial office
space shall be examined."
ARCHITECTURAL AND SITE APPROVAL COMMITTEE APPLICATIONS
24. None
I~EMS REMOVED FROM CONSENT CALENDAR
10. Resolution No. 5220: "A Resolution of the City Council of the City
of Cupertino Approving Contract Change Order No. 3 for Traffic Signal
Interconnect System Project 78-12."
It was moved by Counc. Jackson, seconded by Counc. Sparks and passed unan-
imously to adopt Resolution No. 5220.
Council recommended that the traffic signal interconnect be initiated
during a time with the least traffic.
16. Resolution No. 5226: "A Resolution of the City Council of the City
of Cupertino Approving Agree~ent with Caretaker on Monta Vista
Elementary School Site."
It was moved by Counc. Rogers, seconded by Counc. Jackson and passed unan-
imously to approve the contract as to form and for staff to fill in the
dollar amount and name of caretaker and bring back at the meeting of
February 19, 1980.
UNFINISHED BUSINESS
26. Senior citizen and hillside rates charged by Los Altos Garbage Co.
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MINUTES OF THE FEBRUARY 4, 1980 CITY COUNCIL MEETING
It was moved by Counc. Rogera, seconded by Counc. Sparks and pasaed
unanimously to grant Los Altoa Garbage Co. a 15% rate increasa for
hillside service, and senior citizen rates will remain the same, rates
to be effective February 1, 1980 and to remain in effect for thrpe
years.
Council requested that an exhibit delineating the "hillside area" oe
developed;
NEW BUSINESS
27. Item-pricing on packaged consumer commodities.
It was moved by Counc. Jackson, seconded by Counc. Sparks and passed
unanimously to continue the matter of item-pricing on packaged consume
commodities to the meeting of February 19, 1980. The urgency or~inance
previously enacted will be amended to allow certain exemptions,
28. Discussion regarding ABAG's Air Quality Plan/Need for local action.
It was moved by Counc. Sparks, seconded by Counc. Jackson and passed
unanimously to adopt Resolution No, 5227, "A Resolution of the City
Council of the City of Cupertino of Support for a Motor Vehicle Inspec-
tion/lfaintenance Program."
29. Request from Alpha Cab Co. for a raise in meter rates.
It was move¿ by Counc. Jackson, seconded by Counc. Sparks and passed
unanimously to adopt Resolution No. 5228, "A Resolution of the City
Council of the City of Cupertino Granting a Raise in Meter Rates for
Alpha Cab Co."
30. Protests r~ceived regarding issuance of ABC licenses for certain es
tablishments located in Vallco Fashion Park.
Mrs. Lela Semanski, 7772 Squirehill Court, reviewed the reasons for her
protest. Mr. Walter Ward, Vallco general manager, submitted documents
from the ice skating rink and fashion park.
By consensus, Council decided not to protest the issuance of ABC lic-
enses and requested that staff ask ABC for notification should there be
a hearing of this matter.
31. Proposed ordinance amending Council compensation.
(a) First reading of Ordinance No. 977: "An Ordinance of the
City Council of the City of Cupertino Amending Chapter 2.16
of the Cupertino Municipal Code Relating to City Council
Salaries. If
It was moved by Counc. Sparks, seconded by Counc. Rogers and passed
unanimously to continue this to February 19 to allow more time for
pub1 ic inpu t .
CC-485
Pqe 5
Billdde and
.enior rates
for LAGCO
Item-pricing
continued
Res. No. 5227
adopted
Res. No. 5228
ado pted
No protes t re
issuance of ABC.
licensl;
Continued
. . j
Cí¡;';.85
P.,6
Continued to
end of meeting
Letter from
Asian Law Al-
liance filed
Second reading
of Ord. 975
.
Ord. No. 975
enacted
Second reading
of Ord. 976
Ord inance No.
976 enacted
First reading
of Ord. No. 978
as amended
.
MINUTES OF THE FEBRUARY 4, 1980 ::ITY COUNCIL MEETING
32. Discussion on possible election for special tax impoaecl nn new develop-
ment for road and traffic related improvements.
By coneenaus, Council continued this item to the end of the -aenda to be
heard after an Executive Session.
WRITTEN COHHUNICATIONS
33. Letter from Asian Law Alliance regarding The Cupertino Rent Stabiliza-
tion Initiative and reply from City Attorney.
It was moved by Counc. Sparks, seconded by Counc. Rogers and passed unan-
imously to accept the letter from the Asian Law Alliance and the reply
from the City Attorney for filing.
ORDINANCES
34. Second reading of Or"·".]nce No. 975: "An Ordinance of the City of
Cupertino Amending Section 11.20.020 of the Cupe~tino Municipal
Code Relating to Vehicular Stop Required at Cert.ain Intersections."
It was moved by Counc. Sparks, seconded by Counc. Rogers and passed unar.-
imously to read Ordinance No. 975 by title only and the Mayor'a reading
to constitute the second reading.
It was moved by Counc. Jackson, seconded by Counc. Rogers and passed
unanimously to enact Ordinance No. 975.
35. Second reading of Ordinance No. 976: "An Ordinance of the City of
Cupertino Amending Section 11.20.030 of the Cupertino Municipal
Code Relating to All Directional Vehicular Stop Required at Certain
Intersec t ions. "
It was moved by Counc. Jackson, seconded by Counc. Sparks and passed
unanimously to read Ordinance No. 976 by title only and the Mayor's reading
to constitute the second reading.
It waa moved by Counc. Jackson, seconded by Counc. Sparks and passed
unanimously to enact Ordinance No. 976.
36. First reading of Ordinance No. 978: "An Ordinance of the City Cou...cil
of the City of Cupertino Amending Section 2.04.010 (Regular Meetings),
Section 2.04.030 (Place of Meetings) and Section 2.08.090A (Order
of Business) of the Cupertino Municipal Cod~."
It was moved by Counc. Jackson. seco~ded by Counc. Rogers and passed
unanimously to read Ordinance No. 978 Ly title only and the Mayor's
reading to constitute the first reading. The ordinance will be amended
to show that Council would meet In either the Conference Room or Council
Chamber.
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MINUTES OF THE FEBRUARY 4, 1980 CITY COUNCIL MEETING
37. First reading of Ordinance Ro. 980: "An Ordinance of the City of
Cupertino Amending Section 11.24.150 of the Cupertino Uunicipal
Code, Relating to Stopping, Standing or Parking on Public Stroets
and Providing for Signa Notifying the Public Thereof."
It was moved by Counc. Jackson, aeconded by Counc. Rogers and pas.ed
unanimously to read Ordinance No. 9S0 by title only and the Mayor '.
reading to constitute the first reading.
CITY CLERK'S NOTE: C"unc. O'Keefe left Council Chamber.
It was moved by Counc. Jackson, seconded by Counc. Sparks and passed
with Counc. O'Keefe absent to grant a waiv~r of business license fee
to Agape Force for fund raising for the peciod February 1, 1980 through
April 1, 1980.
Council adjourned to Executive Session at. 9:50 p.m. to discuss possible
litigation. At 10:40, Council reconveneJ in open session.
32. It was moved by Counc. Sparks, seconded by Counc. Rogers and passed
unanimously to consider an urgency ordinance to initiate an interim
study zone ~n City property at an adjourned regular meeting Thursday,
February 7,1980, 7:00 p.m., in the CQunci1 Chamber with all mem~ers pres
At 10:45 p.m., it was moved by Counc. Jackson, seconded by Counc. Rogers
and passed unanimously to adjourn to Thursday, February 7, 1980 at 7:00
p.m. in Council Chamber.
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CC-485
Pase 7
Pirst reading
of Ord. 980
Waiver of bus-
iness license
fee to Agape
Force
Executive
Session
Interim study
zone re speciaJ
tax
nt.
Adjournment to
2/7/80