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CC 02-19-80 .. . t ., ..,...·"'.'!-''::~~'f~'4':,'1,:':~'''''';....-r''·;:.,-,·, ?"~', "~-,~~~"" ',','"~~ . CITY OF CUPERTINO, STATE 01' CALIFOR!UA 10300 Torre Avenue, Cuper~ino, CA 95014 Teleþnone: 252-4505 MINUTES OF 1BE REGULAIl HEETING OF THE CITY COUNCIL HELD ~ FEBRUARY 19, 1980 IN TIlE COUNCIL CHAMBER, CITY HALL At 6:40 p.m., Mayor Meyers called the meeting to order in the Council Cuamber of City Hall. ROLL CALL Counc. Present: Jackson, O'Keefe, Rogers, Sparks, Mayor Meyers Staff Present: City Maaager Quinlan City Clerk Cornelius Direccor of Public Works Viskovich Director of PlanniDg and Development Sisk DirecLor of Parks aod Recreat~cn Butler CDBG Coordinator STAFF REPORTS 1. Oral repðrts by staff members anù submission of written reports. Harch 3, 1980 is the target date for selectiun of a consultant to review cable TV applications. Council stated that only consultants with direct contracts to cable TV cu.panies need be excluded from consideration. The Uirector of Parks and Recreation will look into more aerial fireworks displays rather than ground displays for tre Fourtn of July and will cneck to see if it would be possible to delay signing of a contract for firevorks until after the April election. Applications for commission aDd committee vacanicies will be received until April ll. Notice of vacaDCies will appear in the March and April issues of tne Cupertino Scene. 10 date was set for interviews. CITY CLERK'S NOTE: At 7:05 p.m., Counc. O'Keefe left Council Chamber. At 7:10 p.m., City Attorney lïlian arrived. It was moved by Counc. Sparks, seconded by Counc. Rogers and passed witn Counc. O'Keefe ai-sent tnat staff notify the Board of Supervisors of their request tilat no funds pertaining to Community Block Grants be reallocated from Cupertino or any other city without using the housing guidelines or the cities being given tiDe to utilize the money. It was moved by Counc. Rogers, seconded by Counc. Sparks and passed with Counc. O'Keefe absent to take the following action regarding legislation: support SB 1286, SB 1389 and AB 2059; oppose AB 1310 and AB 2077; more in- formation will be obtained regarding AB 1983, AB 1994 and SB 1464; the City Hanager will contact Chief Payne r"garding SB 1352 and the Sheriff's Depart me~: regarding AB 1791. ~'''' {,t:· CC-487 Pase 1 Cable TV con- sultant Firework,; Co~ssion vacancies Community Block Grant funds Legislative Review Camm. recommenda- tions '.-,''''~,,~,-š-".~''. CC-487 .2 MINUTES OF THE FEBR&ARY 19, 1980 CITY COUNCIL MEETING At 7:20 p.II., the meeting was adjourned. Mayor Meyer. reconvened the meeting at 7:30 p.lI. SALUTE TO THE FLAG ROLL CALL Counc. Present: Jackson, O'Keefe, Roger., Sparks, Hayor Heyers 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 City Attorney Kilian .:;oNSENT CALENDAR 7. Resolution No. 5229: "A Resolution of the City Council of the City of Cupertino Allowing Certain Claims and Demands Payable in tbe Amount and from the Funds as Hereinafter Describeel for General and Miscellaneous Expenditures tor the Period Ending February 11, 1980." . 8. ResoluttGß No. 5230: "A Resolution of the City Council of the City of Cupertino Allowing Certain Claime and Demands Payable in the Amounts and trOll the Funda as Hereinafter Described for Salaries and Wage. for the Payroll Period Ending February 12, 1980." 9. Resolution No. 5231: "A Resolution of the City Council of the City of Cupertino Approving Contract Change Order No. I for Senior Citizen Center, Project 79-3, Contract No. 13 - Tile." 10. Resolution No. 5232: "A Resolution of the City Council of the City of Cupertino Approving Contract Change Order ~o. 2 for Senior Citizen Center, Project 79-22, Contract No. 18 - Site Work Improve- ments." ll. Resolution No. 5233: "A Resolution of the City Council of the City of Cupertino Approving Contract Change Order No.5 for North De Anza Boulevard Improvements Project 79-18." 12. Resolution No. 5234: "A Resolution of the City Council of the City of Cupertino Approving Contract ChAnge Order No. 3 for North De Anza Boulevard, Median and Landscaping Installation, Project 79-14." 13. Resolution No. 5235: "A Resolution of the City Council of the City of Cupertino Authorizing the Execution of Deferred Improve- ment between the City and Hiladin Malisic and Darinka Malisic; Located along Palm Avenue, Presently within County Jurisdiction." . . . . , "! """'.,-'~"',"~,.,:\" ~""~'~-~~;J'I?~'~",. ., ;:""""...,...,,~:~.~:.~'"I)f.. .' MIiWl'ES OF TIlE FEBRUARY 19, 1980 CITY COtiNCIL MEETING 14. Resolution No. 5226: "A Resolution of the City Council of the City of Cup0rtino Approving Agreement with Caretaker on Monta Vista Ele- mentary School Site." 15. Requeat frel1ll the League of WOIIIIIn Voters for waiver of businesa licenae fee. 16. Application HC-96,104 - City of Cupertino (Mann Drive Pump and Stor- age Facility) requesting approval of modifications to an ex1ating water pump and storage facility located ~n the east side of Mann Drive, approximately 100 feet northerly of the intersection with Dos Palos Court. 17. Acceptance of City project performed under contract - No. De Anza Boulevard improvementa, Project 79-18 - Piazza Construction. 18. Request from d & b productions for waiver of business license fee. 19. Application HC-51,2S9.2 - Azuma Restaurant requesting site, arcbitec- tural and landscaping modification3 for the r..odeling of an existing restaurant. Said restaurant is situated within the Portal Plaza Shopping Center at the northeast corner of Portal Avenue and Stevena Creek Boulevard, in a CG (General Commercial) zone. 20. Minutes of the regular meeting of February 4, 1980. (CC-485) 21. Minutes of tbe adjourned regular meeting of February 7, 1980. (CC-486) It was moved by Counc. O'Keefe, seconded by Counc. Jackson and passed unanimously to approve the Consent Calendar. Vote Members of the City Council AYES: NOES: ABSENT : ABSTAIN: Jackson, O'Keefe, Rogers, Sparks, Meyers None None None ORAL CœooJNICATIONS 22. Ann Anger, Cupertino, requested that Council direct staff to investi- gate the sign in the Alco store window at Blaney and Steve~s Creek in re- lationship to conformance with the City's sign ordinance. Director of Planning and Development will report back to Council on this matter on March 3, 1980. PUBLIC HEARINGS 23. Vac~tion of a pcrtion of Alhambra Avenue. ~'~'--' , .,¡,,;',¡'1", ,. CC-487 Page 3 Approve Con- sent Calendal Alco sign violation CC-4117 .4 Close public hearing Adopt Res. No. 5236 . I-V-80 continued . .',". -"~"'~1I'~::'-.!:D_1:~~0~!!I~;('::~r:::"··':'"' ." -;~'1;;~;:;:j, "'~<'¡','-";-_ ,:"': MINUTES OF TIlE FEBRUARY 19, 1980 CITY COUNCIL MEETING 23. (e) Resolution No. 5236: "A Resolution of the City Council of the City of Cupertino Ordering Vacsticn of a Portion of Alhllllbra Avenue, Locateel bettfeen Santa Clara Avenue anel Stevena Creek Boulevard, as Provided in Secti~ 8320 et seq. of the Streets and Higbwaya Coele Gf the State of California, Retaining it as Public Utilities Easement and Sanitary S~r Easement." It va. aoved by Counc. Sparks, ðeconded by Counc. Jackson and puaecl unan1~ualy to close the public hearing. I t "e. aovecl by Counc. Jackson, seconded by Counc. Sparks and passeel unani~ualy to adopt Resolution No. 5236. PLANNING APPLICATIONS 26. Application I-V-80 of Jacques Lasserre: Variance fro~ Section g.3 of Ordinance 780 to permit an 8 ft. siele yard ~etback for a P~posed second-story addition in lieu of 9 ft. as required by OÑ1nance and Environmental Review: The project is categorically ex..pt, hence no action is required. The subject property t~ lOCated on the west side of La Roda Drive approximately 360 ft. Southerly of Suisun Drive (at 10619 La Roda Drive) in an Rl-7.5 (Residential, single-family 7,500 sq. ft. minimum lot si.e). Rec- Omaended for denial. (e) Resolution No. 5237: "A Resolution of the City Council of the C1ty of Cupertino Granting a Variance to Jacques Laaserre from Section 9.3 of Ordinance 780 to P~rmit an 8 Ft. Side Yard Setback for a Proposed Second-Story Addition in Lieu of 9 Ft. as Required by Ordinance; Located on the West Side of La Roda Drive Approximately 360 Ft. Southerly of Suisun Drive (at 10619 La Roda Drive) in an Rl-7.5 Zone." It vas ~ved by Coun<:. Sparks, seconded by Counc. Roger" and passed unani~ualy to continue this item to the regular meeting of March 3, 1980 at the request of staff. PUBLIC HEARINGS (continued) 24. Application 2-Z-80 of City of Cupertino: Public Hearing to consider the rezoning and pre zoning of app~oximately 138.8 acres from various City and County zoning districts to zoning districts which are con- alstent with the City of Cupertino's General Plan. The 138.8 acres ere generally bounded by Foothill Boulevard, Alcalde Road and the W.øterly and southerly boundaries of Inspiration Heights subdivision. The boundary also includes properties served by Miramonte and Ricardo Rueds. The Planning Commission recommends tne granting of a Negative Declaration. Recomme~ded for approval. ,,,'''''''''''''-~''-'..'' "'",.......,'>'" ~.~,"" -r--,""n"'"',.','-."5.,.'.:...."'~:"-""*"",r:.." -',-.r:¡'~~;0r;::'''''7<~..;, ,}.,~~'~,...... .' . . . MINUTES OF THE FEBRUARY 19, 1980 CITY COUNCIL MEETIIIG 24. (a) First reading of Ordinance No. 982: "An Orðinance of the City of Cupertino Amending Section I of Ordinance No. 2 by Rezoning and Pre zoning Approximately 138.8 acres from Various City and County Zoning Diatricts to Zoning Districts Which are Consistent with the City of Cupertino's General Plan; Bounded by Foothill Boulevard, Alcalde Road and the Weaterly and SMltherly Bounelarie of Inspiration Heights Subdivision and Including Properties Serviced by Miramonte and Ricardo Roads." Mr. Tom Prosser, San Juan Road, stated basic agreement for a ~oning plan. Specific concerns will be discussed with the Director of Public Works who will report back to Council at their meeting of Karch 3. !irs. Vida Voss, 12100 Stevens Canyon Road; Mr. Cletus Savage, 10551 Santa Lucia Road. Mr. Dean Sayre. 10805 St~."ens Canyon Road and Mrs. Joyce Mc- Cabe, 10553 Merriman Road spoke in opposition to the pre zoning and any possible annexation. Mrs. Nancy Hertert, San Juan Road, spoke in favor of the prezoning. It was moved by Counc. Sparks, seconded by Counc. JackRon and passed unanimously to close the public hearing. It was moved by Counc. Rogers, seconded by Counc. Sparks and passed unan- imously to grant a Negative Declaration and approve Application 2-Z-80 per Planning Commission Resolution No. 2033. It was moved by Counc. Jackson, seconded by Counc. Sparks and passed unan- imously to read Ordinance No. 982 by title only and the Mayor's reading to constitute the first reading. 25. 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 in- tent) zone and Environmental Review: The Planning COlllfolÍssion recom- mends the granting of a Negative Declaration. Said property is lo- cated on the southeast corner of Stevens Creek Boulevard and De Anza Boulevard. Recommended for approval. (a) First reading of Ordinance No. 966: "An Ordinance of the City of Cupertino Amending Section 1 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." Jason Chartier, May Investment Company, reviewed the prop03ed rezoning with Council. It was moved by Counc. Jackson, secondpd by Counc. Rogers and passed unan- imously to close the public hearing. It was moved by Counc. Sparks, secondeõ by Counc. Rogers and passed unan- imously to grant a Negative Declaration for the project. It was moved by Counc. Sparks, seconded by Counc. Rog~rs and passed unan- imously to approve Application 24-Z-77 per Planning Commission Resolution CC-487 Page 5 Cloae public hearing Grant Negative Dec. and ap- prove 2-Z-80 First reading of Ord. 982 Public hearing closed Negative Dec. granted 24-z-77 approved CC-¡¡87 P.6 First reading of Ord. 966 Negative Dec. granted I-Th-80 a.ved HC-5l,402.3 approved as amended . '~.~:"~t"'r: ., MIlWl'ES OF THE FEBRUARY 19, 1980 CITY COUNCIL MEETING No. 2034 emending Special Condition No. I to include reaidential at a de~iLy of 15-30 dwelling unita per gross acra and Special Condition No. 7 to state the applicant shall participate in the installation 01 traffic signal~ should said signal~ be determined neceaaary. It waa moved by Counc. Jackson, seconded by Counc. Sparks aøcI p....eI unanimously to read Ordinance No. 966 by title only and the ø.,or'. reading to constitute the first reading. PLANNING APPLICATIONS (continued) 27. Application I-TM-80 of V311co Park, Ltd.: Tentative Map to adjuat lot lines affecting three existing parcels consisting of approxi- mately 45 acres and Environmental Review: The Planning ColS1ssion recommends the granting of a Negative Declaration. Said property is located in the southwest quadrant of Tantau Avenue and Prune ridge Avenue in an MP (Planned Ind~strial Park) zoning district. Recom- mended ior approval. I t was moved by Counc. Sparks, seconded by Ccunc. Rogers and passed unanimously to grant a Negative Declaration for the project. It was moved by Counc. Sparks, seconded by Counc. Rogers and passed unanimously to approve Application I-TM-80 per Planning Commission Resolution No. 2044. ARCHITECTh'RAL AND SITE APPROVAL COMMITTEE APPLICATIONS 28. Application HC-51,402.3 - Houlihan's Restaurant requesting modifica- tion to an existing sign prograœ to permit 3 building-mounted sign. Said restaurant is situated within the Orchard Valley ~rketplace Center at the southeast corner of Stevens Creek Boulevard and Portal Avenue, in a P (Planned Development) zooe. Approved by Architec- tural and Site Approval Committee; applicant is appealing conditions of apptoval. Mr. Jeff Cook, General Manager of Houlihan's Old Place, reviewed the conditions of approval being appealed. He also submitted to Council samples of the material proposed to be used in the sign. It was moved by Counc. G'Keere, seconded by Counc. Sparks and passed unanimously to approve Application HC-51,402.3 with the elimination of Conditions 10 and 11 of Architectural and Site Approval Committee Resolution No. 927 and to add the condition that the City shall retain the right to review and approve lighting. ITEMS REMOVED FROM CONSENT CALEh~AR 29. None - · . · · -...... MIIlIITES OF TIlE FEIJRUARY 19. 1980 CITY COUNCIL MEETING UNFINISHED BUSINESS 30. Referral of County Application 836-20-65-79A (Hr. and Mrs. J_s Forsythe) - Industrial building on Imperial Avenue - continueel from January 21, 1980 City Council .eeting. It was _:I by Counc. Jackson, seconded by Counc. Rogers and paeaed unan- imously to authorize the Mayor to sign a letter in response to referral of County Application 836-20-65-79A (Mr. and Mrs. James Forsythe> as drafted but with Condition No. 3 delet~d. Recess: 9:33-9:50 p.m. NEU BUSIJŒSS 31. Modification to the City of Cupertino's Emergency Organization. (a) Resolution No. 5238: "A Resolution of the City Council of the City of Cupertino Modifying the Emergency Organization of the City." It was mD?ed by Counc. Rogers, seconded by Counc. Sparks and passed unan- imously to refer the City of Cupertino revised Emergency Plan to the Publi Safety eo..ission for review. 32. Policy decision relating to guidelines for a comprehenyive noise ordinance. Items addressed during discussion were vehicle noise, trucks at shopping centers, iDdividuals creating noise and barking dogs. Emphasis was placed on creating an ordinance that would not cause enforcement problems or create other new problems. 33. Report on bid opening for Mann Station demolition, Project 80-50, and award of contract. It was 80Yed by Counc. Sparks, seconded by Counc. Rogers and passed unan- imously to authorize the sale of Mann Station redwood tank, Project 80-50 to McKenzie Construction Co. for the amount of $2,500. 34. Report on bid opening for Piping and Manifold, Project 80-47, and award of contract. It was moved by Counc. Jackson, seconded by Counc. Sparks and passed unan- imously that, as no bids were received for Project 80-47, the Mann Station Piping and Manifold, staff would be authorized to procet:d on an informal basis to purchase materials and hire labor to install same. 35. Item-pricing on packaged consumer commodities. CC-487 Page 7 Reaponae to Forsythe application Emergency Plan referred to Public Saf..ty Comm. Noise ord- inance dis- cussion Tank sold to McKenzie Co!:", ruction No bids re- ceived, infor- . mal bidding CC-487 pe8 . Reading of Ord. No. 983 Ord. No. 983 enacted Appropriation for resource l'ecovery study . Firs treading of Ord. 977 Permission to attend conference .nd read ing of Ord. 979 ..,\''''''";:''-';.......',..-' . ; ~~T~~ç,,;¡;~,~,,:~·.,.~·y....,~~..·'~ '. ""';:'.t..:(."" ,{~ MINUTES OF THE FEBRUARY 19, 1980 CITY COUNCIL MEETING 35. (a) Urgency Ordinance No. 983: "An Ordinance of the City of Cupertino Amending Cßapter 5.36 to Title 5 of the Cupertino Municipal Code to'~ðe for an Additional Exemption froa the General Provision of Chapter 5.36 and Further to Modify Certain Definitions and Declaring the Urgency Thereof." It was moved by Counc. Jackson, seconded by Counc. Rogers and pasaeel unan- imously to read Ordinance No. 983 by title only. It was moved by Counc. Jackson, seconded by Counc. Rogers and passed unanimously to enact Urgency Ordinance No. 983. 36. North Santa Clara County Solid Waste Management Program; Phase III, Conceptual Resource Recovery System. It was moved by Counc. Sparks, seconded by Counc. Rogers and passed unanimously to appropriate $4,360 as Cupertino's portion of the obli- gation to be utilized On Step I, Phase III portion of the resource recovery study of North County Solid Waste Management Program. 37. Proposed ordinance amending Council compensation. (a) Ordinance No. 977: "An Ordinance of the City Council of tha City of Cupertino Amending Chapter 2.16 of the Cupertino Hun- icipal Code Relating to City Council Salaries." It was mbved òy Counc. Jackson, seconded by Counc. Sparks and passed unanimously to read Ordinance No. 977 by title only and the Mayor's reading to constitute the first reading. 38. Request for approval for Therese Foley, Deputy City Attorney, to attend the Planning Commission Institute Conference, San Diego, February 27-29. It was moved unanimously the Planning òy Counc. Rogers, seconded by Counc. Jackson and passed to authorize Deputy City Attorney Therese Foley to attend Commission Institute Conference February 27-29. 1980. WRITTEN COMMUNICATIONS 39. None ORDINANCES 40. Second reading of Ordinance 110. 979: "An Ordinance of the City of Cupertino Amending Section 1 of Ordinance No. 2 by Pre zoning Approxi- mately .4 of a Gross Acre from Santa Clara County CN to City of Cupertino P; Located at the Soutneast Corner of Pasadena Avenue and Granada Avenue." It was moved by Counc. Jackson, seconded by Counc. Rogers and passed unanimously to read Ordinance No. 979 by title only and the Mayor's reading to cons ti tu te the second read ing. . . I -,.....'..... ~'..-:"'" """",,,,,,.. ,-"., ~,._', '.... ,," ..,.... -.",...-~ ',.-' ., I'!'" 'C'" .. ·~-n<:-·'·~<"''''7P·:::'·';O-'''.':~~':-''·''' '¡~~"";.:"""::~~',; . MINUTES OF THE FEBRUARY 19, 1980 CITY COUNCIL MEETING It was moved by Counc. Jackson, seconded by Coonc. Rogers and pa...d unanimously to enact Ordinance No. 979. 41. Second reading of Ordinance No. 978: "An Ordinance of the City Council 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 Code." It was moved by Counc. Jackson, seconded by Counc. Rogers and passed unanimously to read Ordinance No. 978 by title only and the Mayor's reading to constitute the second reading. It was moved by Counc. Rogers, seconded by Counc. Sparks and passed unanimously to enact Ordinance No. ~78. 42. Second reading of Ordinance No. 980: "An Ordinance of the City of Cupertino Amending Section 11.24.150 of the Cupertino Municipal Code Relating to Stopping, Standing or Parking on Public Streets and Pro- viding for Signs Notifying the Public Thereof." It was moved by Counc. Rogers, seconded by Counc. Sparks and p3ssed unan- imously to read Ordinance No. 980 by title only and the Mayor's resding to constitute the second reaáing. It was moved by Counc. Rogers, seconded by Counc. Sparks and passed unan- imously to ~nact Ordinance No. 980. 43. First reading of Ordinance No. 984: "An Ordinance of the City of Cupertino Amending Section 11.16.030 of the Cupertino Municipal Code Relating to Designation of Through Streets or Highways." It was moved by Counc. Rogers, seconded by Counc. Jackson and passed unanimously to read Ordinance No. 984 by title only and the Mayor's read- ing to constitute the first reading. 44. Urgency Ordinance No. 986: "An Ordinance of the City Council of the City of Cupertino Amending Paragraph E of Section 11.28.070 of the Cupertino ~Iunicipal Code to Include the Following, and Declaring the Urgency Thereof." It was moved by Counc. Jackson, seconded by Counc. Rogers and passed undn imously to read Ordinance No. 986 by title only. It was moved by Counc. Jackson, seconded by Counc. Rogers and vas sed unan imously to enact Urgency Ordinance No. 986. Counc. Sparks announced that he would be unable to attend the ~larch Council meetings as he will be fulfilling his military obligations. At 10:50 p.m., the Mayor adjourned the meeting to 7:30 p.m., February 26, for discussion of the Five Year Capital Improvement Program. ~r::?{l" Clerk . CC-487 Page 9 Ord. No. 979 enacted Second reading of Ord. 978 Ord. No. 978 enacUd Second reading of Ord. 980 Ord. No. 980 enacted. First reading of Ord. 984 Reading of Ord. No. 986 Ord. No. 986 enacted Sparks to be abs..nt in Nar.