CC 03-17-80
CC-490
pA2
~us Day
Jobs/housing
imbalance
report
Payment to
City of Tib-
uron
No action
.
Appropriation
for outfall
on Regnart Rd.
Development
plans for
Three Oaks
Park approved
.
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MINUTES OF THE KARCH 17, 1980 CITY COUNCIL MEETING
Staff will prepare for the Mayor's signature a procl2m&tion declarina
April 1 as Censti8 Day.
CITY CLERK'S NOTE: City Attorney Kilian arrived at 7:10 p.m.
The report from Planning showing what has occurred in Cupertino to help
alleviate the jobs/housing imbalance will be presented to Council at their
meeting of April 7, 1980.
2. City of Tiburon's request for financial assiatance in the caae of
Agins v. City of Tiburon.
It was moved by Counc. Jackson, seconded by Counc. Rogers and pasaeel
unanimously by those present to authorize payment of $150 in response
t~ the City of Tiburon's request for financial assistance in the caae
of ~gins v. the City of Tiburon. Letters will be sent to other cities in
Santa Clara County regarding this action.
CITY CLmuc:'S NOTE: Counc. O'Keefe arrived at 7:15 p.m.
3. SB 200 (Phase II of the State water project).
By consensus, Council took no action.
4. Report on Candy Rock Drain.
It was moved by Counc. Jackson, seconded by Counc. Rogers and passed
unanimously by those present to appropriate $4,500 from the Master Storm
Drain Fund to construct an outfall in Regnart Road at the Cupertino Es-
tates Development. Staff was authorized to proceed with the project on
an informal bid basis.
Development of Three Oaks Park - It was moved by Counc. Jackson, 3econded
by Counc. Rogers and passed unanimously by those present for staff to
procp.ed with the development of Three Oaks Park according to plans approved
by the neighborhood and the ~arks and Recreation Commission.
RECESS - 7:35-7:45 p.m.
SALUTE TO THE FLAG
ROLL CALL
Counc. Present:
Counc. Absent:
Jackson. O'Keefe, Rogers, Mayor Meyers
Sparks (National Guard duty)
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
Director of Finance Snyder
City Attorney Kilian
Administrative Services Officer Brown
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MINUTES OF THE MARCH 17, 1980 CITY COUNCIL MEETING
CONSENT CALENDAR
Item 12 was removed at the request of Counc. Jackson; Item 14 was re-
moved by the City Clerk.
10. Resolution No. 5250: "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 ~larch 5, 1980."
11. Resolution No, 5252: "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 Ma.ch 11, 1980."
12. Removed.
13. Rl'solution No. 5251: "A Resolution of the City Council of the City
of Cupertino Making its Order Describing the Boundaries Designated
as 'Mann 80-3' to be Annexed to the City and Ordering Annexations
without Public Hearing as Provided by Law; Approximately 1.4+ Acres
Located on the North Side of St£vens Creek Boulevard between Mann
Drive and Adriana Avenue."
14. Removed.
15. Application HC-51,OI5.222 - B. Dalton requesting approval of site,
architecture, and landscapin~ for a proposed freestanding 4,000 sq.
ft. bookstore to be situated within the easteln portion of the Cuper
tino Crossroads Shopping Center. Tbe subject property is located
in a CG (General Commercial) zoning district. Recommended for
approval.
16. Application HC-5I,5l5.1 - William L. Carmen requesting approval of
site, architecture, landscaping and lighting for a co~ercial/
office building and three apartments to be situated at the south-
east corner of Pasadena Avenue and Granada Avenue in a P (Planned
Development) zoning district. Recommended for approval.
17. Application HC-51,517.1 - Cypress Properties requesting approval
of Site, architecture, landscaping and lighting for a 12,000 sq.
ft. office building to be situated at the southwest corner of Green-
leaf Drive and Bandley Drive in a P (Planned Development) zoning
district. Recommended for approval.
18. Minutes of th~ regular City Council meeting of March 3, 1980.
(CC-489)
It was moved by Counc. Jackson, seconded by Counc. Rogers and passed
unanimously by those present to approve the balance of the Consent Cal-
endar.
,-,',
CC-490
Page 3
Items removed
C"nsent Cal-
endar ap-
proved
~~
Correction of
ballo terror
Public hearing
closed
Bingo permit
renewed, St.
Joseph Church
aiC heariug
closed; can-
t inue to eval-
uate funds
Continued per
request of
applicant
.liC
de 3ed
hear 1 ng
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MINUTES OF THE MARCH 17, 1980 CITY COUNCIL MEETING
Vote
Members of the City Council
AYES:
NOES I
ABSENT :
ABSTAIN:
Jackson, O'Keefe, Rogers, Meyers
None
Sparks
None
ORAL COMMUNICATIONS
19. Mrs. Jo-Ann Gholson, Regnart Road, informed Council of an error on
the sample ballot. Her correct age is 53, not 58 as listed.
PUBLIC HEARINGS
20. Renewal of bingo permit - St. Joseph of Cupertino Church.
It was moved ~y Counc. Jackson, seconded by Counc. Rogers and passed
unanimously by ~~ose present to close the public hearing.
It was moved by Counc. Jackson, seconded by Counc. Rogers and paaaed with
Counc. O'Keefe abstaining to grant renewal of b1.lgo permit for St. Joseph
of Cupertino Church.
21. Proposed use of Revenue Sharing funds.
It was moved by C~unc. Jackson, seconded by Counc. Rogers and passed
unanimously by those present to close the public hearing and to continue
to evaluate available funds during the budget process. Council stated
awareness of the time deadlines for appropriating or obligating the revenue
,¡haring funds.
22. Appeal of Planning Commission denial of photo drive-up window, 1375
Saratoga-Sunnyvale Road.
Richard G. Harris of Los Altos, a representative of the appellant, requested
a one month continuance of this item. It was moved by Counc. Jackson,
seconded by Counc. Rogers and passed unanimously by those present to con-
tinue the hearing of this appeal to April 21, 1980.
23. Review of City's o~din~ce relating to nighttime deliveries and
pickups.
(a) First reading of Ordinance No. 995: "An Ordinance of the City
of Cupertino ¡~ending Chapter 10.45.030 of the Cupertino
Municipal Code (Nighttime Vehicular Delivery or Pickup to or
From CODlDercial Establishments Prohibited)."
Geraldine O'Hara, Paradise Drive, stated that she felt the evening hours
should be 8:00 p.m. as it presently is rather than 10:00 p.m. as stated
in the proposed ordinance.
It was moved by Counc. Jackson, seconded by Counc. R~gers and passed
unanimously by those present to close the public hearing.
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MINUTES OF THE MARCH 17, 1980 CITY COUNCIL MEETING
It was moved by Counc. Jackson, seconded by Coonc. O'Keefe and passed
unanimously by those present to read Otd1Daace No. 995 by title only and
the Mayor's reading to constitute the tiree reading, with the following
amendment: Nighttime vehicular delivery or pickup to or from co_ercial
establishments adjacent to residential property will be prohibited betwee
the hours of 8:00 p.m. and 8:00 a.m. weekdaya and 8:00 p.m. and 9:00 a.m.
weekends.
The City Clerk's office will send copies of the ordinance to affected mer
chants.
PLANNING APPLICATIONS
24. Application 6-U-73 of Vallco Park, Ltd.: Amendment of previously
approved Use Permit to amend ConditiOD 20 pertaining to truck bar-
ricades along the westerly portion of the Vallco Fashion Park site
and Environmental Review: The project waa previously assessed hence
no action is required. Reco_ended for approval.
It was moved by Counc. Jackson, seconded by Counc. O'Keefe and passed
unanimcusly by those present to approve Application 6-U-73 of Vallco
Park, Ltd. per Planning Commission Resolution No. 2046 with Condition
No. 31 added as follows:
Condition 31. This matter will be brought back to the Planning Commis-
sion and City Council in one year for review.
25. Application 9-TM-78 (Revised) of Lambert, Newman and Douglas (c/o
Richard Childress): Approval of modification of Condition 30 of
Planning Commission R~solution No. 1840. Said condition relates
to building height restrictions on certain lots within an approved
subdivision located at the westerly terwdnus of Lindy Lane and
Environmental Review: The Planning eo..iasion reco~ends the
granting of a Negative Declaration. Recommended for approval.
Mrs. Jo-Ann Gholson, Regnart Road, addressed Council in opposition to
modification of Condition No. 30 of Planning Co_ission Resolution No.
1840.
It was moved by Counc. Jackson, seconded by Counc. Rogers and passed
unanimously by those present to grant a Negative Declaration to Applica-
tion 9-TM-78 (Revised) and to approve the application per Plannin~ Com-
mission Resolution 2047.
ARCHITECTURAL AND SITE APPROVAL COMMITTEE APPLICATIONS
26. Application HC-5l,514.1 - Rex Associates requesting approval of
site, architecture, landscaping and lighting for an 8,500 sq. ft.
office building to be located on the northwest corner of Highway
85 and Stevens Creek Boulevard in a P (Planned DeveJ.,pment) zoning
district. Recommended for approval.
CC-490
Page 5
First reading
of Ord. 995,
aa amended
6-U-73 ap-
prcved as
amended
9-TM-78 (Re-
vised) ap-
proved
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.
CC-490
P.6
HC-51, 514.1
approved
Amortization
of buildings
Second readin
of Ord. 99)
Ord. No. 991
6nacted as
&mended
.
Res. No. 5253
adopted
.
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.
MINUTES OF THE MARCH 17, 1980 CITY COUNCIL MEETING
It was moved by Counc. Jackson, seconded by Counc. O'Keefe and passed
unanimously by those present to approve Application HC-51,514.1 per Res-
olution No. 932 of the Architectural and Site Approval Committee.
It was moved by Counc. O'Keefe, seconded by Counc. Jackson and passed
unanimously by those present for staff to study the possibility of an
ordinance pertaining to the amortization of buildings.
ORDINANCES
40. Second reading of Ordinance No. 991: "An Ordinance of the City of
Cupertino Amending Various Sections of the Rl (Residential, Single-
Family) Zoning Ordinance Including but Not Limited to Setbacks,
Building Height and Lot Width."
It was moved by Counc. Jackson, seconded by Counc. Rogers and passed
unanimously by those present to read Ordinance No. 991 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 by those present to enact Ordinance No. 991 with the following
amendmen ts :
Section 10.3 shall read "30%".
On page 11, Section 13.1 shaH read, "The setbacks outli:ted in the above
Sections may be varied from when it can be demonstrated, to the satis-
faction of the Plannine Commission, that said variation is necessary
to implement or take advantage of active or passive solar design, provided
that said variations do not infringe upon solar access or property rights
of the adjoining properties. Said variations shall be considered on a
case-by-case basis through evaluation of a use per~it application by the
Planning CoDlDission."
Page 9, Section 8.4.2 shall read "25 ft."
ITÐ'.5 REMOVED FROM CONSENT CALENDAR
12. Resolution No. 5253: "A Resolution of the City Council of the
City of Cupertino to Change Street Name of Simberlin ~ourt to Anthony
Place, Tract No. 6551, BAS Homes Development off of Foothill Boule-
vard, as Provided in Section 5026 of the Streets and Highways Code,
State of California."
It was moved by Counc. Jackson, seconded by Counc. Rogers and passed
unanimouslj by those present to adopt Resolution No. 5253.
14. Resolut ion No. 5254: "A Resolut ion of the City Council of the City
of Cupertino Making its Order Describing the Boundaries Designated
as 'Crescent SD-8' to be Annexed to the City and Ordering Annexations
without Public Hearing as Provided by Law; Approximately 1.01 Acres
Located on the South Side of Crescent Road Approximately 150 Feet
Easterly of Hillcrest Ro"G."
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MINUTES OF THE MARCH 17, 1980 CITY COUNCIL MEETING
It was moved by Counc. Jackson, seconded by Coun~. Rogers and passed
unanimously by those present to adopt Resolution No. 5254 subject to
petitioner meeting conditions as imposed by LArCO.
UNFINISHED BUSINESS
28. Rodrigues Avenue bike lane: Public Safety Commission referral.
It was moved by Counc. Jackson, seconded by Counc. Rogers and passed unan
imously by those present to make no change in the Rodrigues Avenue bike
lane.
NEW BUSINESS
29. Report on bid opening for reconstruction of curbs, ~utters and side-
walks, Project 80-31, and award of contract.
It was moved by Counc. Jackson, seconded by Counc. Rogers and passed unan
imously by those present to award the contract for reconstruction of curb
gutters and sidewalks, Project 80-31, to Chas. I. Cunningham Co. and ap-
propriate an additional $10,000 from the General Fund to cover the con-
tract and contingency. The contract was awarded for the amount of
$68,121. 35.
30. Parking restrictions/time limitations on Noonan Court.
(a) Urgency Ordinance No. 996: "An Ordinanc<! of the City of Cuper-
tino Amending Sect!on 11.24.160 of the Cupertino Municipal
Code, Relating to Stopping, Standing or Parking on Public
Streets and Providing for Signs Notifying the Public and
Declaring the Urgency Thereof."
It was moved by Counc. Jackson, seconded by Counc. Rogers and passed
unanimously by those present to read Ordinance No. 996 by title only.
It was moved by Counc. Ja~kson. seconded by Counc. Rogers and passed
unanimously by those present to enact Urgency Ordinance No. 996.
31. Claim filed by Evelyn Wheat for damages to sewer line by tree roots.
It was moved by Counc. Rogers, seconded by Counc. Jackson and passed
unanimously by those present to reject the claim of Evelyn Whpat and
direct the City Clerk to so notify her.
32. Claim filed on behalf of Jeremy Figueroa.
It was moved by Counc. Rogers, seconded by Coune. Jackson and passed un an
imously by those present to reject the claim filed on behalf of Jeremy
Figueroa and instruct the City Clerk to so notify his attorney.
33. Request for additional appropriation for No. De Anz", Hedian and
Landscaping Project 79-14.
CC-490
Page 7
e.. No. 5254
opted con-
itionally
No change in
bike lanes on
Rodrigues
Contract to
Cbas. I. Cun-
nin¡!ham Co.
Reading of
Ord. No. 996
Urgency Ord.
996 enacted
Claim rej ectec
(Wheat)
Figueroa dab
rej ected
f,;·C;"'-:-:"'·_" ...~
.
CC-490
.8
00 appro-
priated for
Median and
Landscaping
Assumption of
maintenance
and liability
on Route 85
frontage road
Letter re
26-TM-79
.
Second reading
of Ord. 987
Ord. No. 987
enacted
Second reading
of Ord. 988
Ord. No. 988
enacted
.
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MINUTES OF THE MARCH 1.7, 1980 CITY COUNCIL MEETING
It was moved by Counc. Rogers, seconded by Counc. J6ckson and paaaed
unanimously by those present to approve the appropriation of an aelditional
$5,000 for the N. De Anza Median anrl Landscaping Project. $2,950 will
be from the Assessment District and $2,050 from the General Fund.
34. Report on State proposed Route 85 frontage road between Festival
Drive and Stelling Road.
It was moved by Counc. Rogers, seconde,; by Counc. Jacuon and passeel
unanimously by those present to approve the relinquishment from the
State and 8Bs~ption of all future maintenance and liability on proposed
Route 85 frontage road between Festival Drive and Stelling Road and auth-
orize staff to proceed with a cooperative agreement.
WRITTEN COMMUNICATIONS
35. W"rw, Inc.
By consensus, the Director of Public Works and the City Attorney were
authorized to prepare a letter for Mr. Warren Whaley regarding Condition
21 of Application 26-TM-79, Regnart Creek Estates.
ORDINANCES
36. Second reading of Ordinance No. 987: "An Ordinance of the City of
Cupertino Amending Section 1 of Ordinance No. 2 by Rezoning Approxi-
mately .60 Gross Acres from RI-IO to P: Located at the ~ortheaat
Corner of Blaney Avenue and Price Avenue."
It was moved by Counc. Jackson, seconded by Counc. Rogers and passed
unanimously by those present to read Ordinance No. 987 by title only and
the Mayor's readi~ to constitute the second reading.
It was moved by Counc. O'Keefe, seconded by Counc. Jackson and passed
unanimously by those present to enact Ordinance No. 987.
37. Second reading of Ordinance No. 988: "An Ordinance of the City of
Cupertino Amending Section I of Ordinance No. 2 by Rezoning Approx-
imately .25 Gross Acres from RI-lO to BA; Located on the Northeast
Side of Mann Drive Approximately 100 Ft. Northerly of the Inter-
section with Dos Palos Court."
It was moved by Counc. Jackson, seconded by Counc. O'Keefe and passed
unanimously by those present to read Ordinance No. 988 by title only
and the Mayor's reading to constitute the second reading.
It was moved by Counc. Jackson, seconded by Counc. O'Keefe and passed
unanimously by those present to enact Ordlnance No. 988.
38. Second reading of Ordinance No. 989: "An Ordinance of the City
of Cupertino Amending Section 1 of Ordinance No.2 by Prezoning
Approximately .3 Gross Aprea from SaDta Clara County Rl-8 to City
of Cupertino Rl-7.5; Located on the North Side of Lomita Avenue
Approximately 200 Ft. W~9terly of Orange Avenue."
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MINUTES OF TIlE MARCH 17, 1980 CITY COUNCIL MEETUlG
It was moved by Counc. Jackson, seconded by Counc. O'Keefe and passed
unanimously by those present to read Ordinance No. 989 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 by those present to enact Ordinance No. 989.
39. Second reading of Ordinance No. 990: "An Ordinance of the City of
Cuoertino Amending Section 1 of Ordinance No. 2 by Prezoning Approx-
imately .4 of a Gross Acre from Santa Clara County RI-B6 and Approx-
imately .6 of a Gross Acre from Santa Clara County Al-43 to City of
Cupertino RI-7.5; Located on the East Side of Bubb Road Approximate-
ly 150 Ft. Northerly of Folkstone Drive."
It ~as mov~J by Counc. Jackson, seconded by Counc. Rogers and passed
unanimously by those present to read Ordinance No. 990 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 by those present to enact Ordinence No. 990.
40. Taken out of order earlier in meeting.
41. Second reading of Ordinance No. 992: "An Ordingnce of =he City of
Cupertino Amending Section 11.24.150 of the Cupertino Mu~icipal
Code Relating to Stopping, Standing or Parking on Public Streets
and Providing for Signs Notifying the Public Thereof.
It was moved by Counc. Jackson, seconded by Counc. O'Keefe and passed
unanimously by those present to read Ordinance No. 992 by title only and
the Mayor's reading to constitute the second reading.
It was moved by Counc. Jackson, seconded by Counc. O'Keefe and passed
unanimously by those present to enact Ordinance No. 992.
Legislative Review Committee - It was moved by Counc. Rogers, seconded
by Counc. Jackson and passed unanimously by those present to take :he
following action regarding legislation: Oppose AB 1310, AB 2763. Support
AB 2644,AB 1791, AB 1323 (as amenùed), An 2086 (as amended), AB 2723. SB
1428, SCR 58 and SB 1695. Take no position on AB 1994, AB 1983, AB 2212,
SB 1980 and AB 2742. AB 2698 will b~ referred to the Planning Department
and the Central Fire Protection Dist:ict for review and comment.
RESOLUTIONS
42. None
NON-AGENDA BUSINESS
43. Recognition by Mayor of special requests.
(a)
(b)
Ceneral Audience - None
City Council - By consensus, Council granted staff the auth-
orization to use its discretion regarding an appropriate site
for overnight parking of recreation vehicles on the weekend
of April 11 per De Anza Swim Club's request. Council stated
that they felt any area used for such parking should not be
adjacent to residential property.
CC-490
Page 9
Second reading
of Ord. 989
Ord. No. 989
enacted
Second reading
of Ord. 990
Ord. No. 990
enacted
Second read ins
of Ord. 992
Ord. No. 992
enacted
Legislative
Review
Committee
arkin,; of RV's
for De Anza Swil
Club
I
1490
e 10
ecutive
Session
Stipulation
with Kurt z
re parking
.
.
.
MINUTES OF THE MARCH 17, 1980 CITY COUNCIL MEETING
At 10:00 p.m., Council adjourned to an ExecutiT' Session regarding
litigation.
At 10:10 p.m., Council reconvened in open aea810n in Council Ch81llber.
It was moved by Counc. Rogers, seconded by Counc. Jackson and passed
unanimously by those present to authorize the Mayor to sign a atipulation
between the City of Cupertino and Mr. Fred Kurtz regarding parking of
operational vehicles.
At 10: 12 p.m., it was moved by Counc. Rogera, seconded by Counc. O'Keefe
and passed unanimously by those present to adjourn to 7:30 p.m., March
31, 1980 to discuss the budget and a preliminary review of the r.ontract
between the City of Cupertino and the Santa Clara County Sheriff's
Department.
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City erk