CC 04-07-80
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CITY OF CUPERTINO, STATE OF CALIFORNIA
10300 TOo:'re Avenue, Cupertino, CA 9~014
Telephone: 252-4505
MINUTES OF THE
HELD ON APRil. 7,
REGULAR MEETING OF THE CITY COUNCIL
1980 IN THE COrmCil. CHAMBER, CITY HALL
CUPERTINO, CALIFORNIA
Mayor Meyers called the meeting to order at 6:40 p.m. in the Council
Chamber of City Hall.
ROLL CALL
Counc. Present: Jackson, O'Keefe, Rogers, Sparks, Mayor Meyers
Staff Present: City Manager Quinlan
City Clerk Cornelius
Director of Public Works Viskovich (6:45 p.m.)
Director of Planning and Development Sisk (6:45 p.m.)
STAFF REPORTS
1. Oral reports by staff members and submission of written reports.
City Manager's Report
Budget Work Schedule - It was moved by Counc. O'Keefe, seconded by Coun
Sparks and passed unanimously to continue the revised budget work
schedule to April 21, 1980.
Resolution, City of Sanger - By consensus, Council tabled the resolutio
of the City of Sanger pertaining to funding Olympic athletes.
Living within our Limits - By con'3ensus, "Living Within Our Limits"
was continued to April 21, 1980.
Application for A1coboli~ Beverage License - Council expressed no ob-
jections to issuance of alcoholic beverage license for La Tarantella,
Oaks Shopping Center.
CC-492
Page 1
Budget work
schedule con-
tinued
Resolution
tabled
"Living Within
Our Limits"
continued
No objection
to license
Fines and Forfeitures, Traffic Violations - A drive will
encourage use of the City's handicap parking ordinance.
will report back April 21, 1980.
be conducted to Handicap park-
Counc. Sparks ing ordinance
City Clerk's Report
Resignation from Public Safety Commission - It was moved by Counc.
Jackson, s~conded by Counc. O'Keefe and passed unanimously to accept
the resignation of Francis H. Molloy, Jr. from the Public Safety Com-
mission. This vacancy will be filled witn the other commissi0n appoi~t-
ments. A resolution will be prepared for Mr. Molloy.
Resignat ion of
Molloy from
Public Safety
Commiss ion
.
492
Page 2
Jobs/housing
report
continued
Legislative
Review
Commit tee
.
Consent Cal-
endar approved
.
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MINUTES OF THE APRIL 7, 1980 CITY COUNCIL MEETING
Joint Exercise of Powers re Surfacing of Streets - Council accepted this
report for filing.
2. Measures taken by the City of Cupertino to ameliorate the joba/housing
imbalance in Santa Clara Ccunty.
By CODB"nsus, the report on jobs/housing imbalance was continued to Aj)ril
21, 1980.
Legislative Review Committee - It was moved by Counc. Rogers, seconded
by Counc. Sparks and passed unanimously to take the following actions:
Support SB 1785, SB 1352, AS 1323 (as amended), SB 1627 and A8 3022.
Oppose AS 2819, S8 1842, SB 1815, AS 1960, SB 1594, AB 3017, SB 1869,
AB 2456, AS 2997, AS 2674, AS 2243 and AS 2582. Take no position on
AB 3302, AB 2320, AS 2297, S8 1660, AB 2081 and SB 1764.
Staff will review AS 2474 as amended. AS 2750 was referred to the Ad2inis-
trative Services Officer to verify whether the 58 90 reimbursement is
applicable. If so, Council supports this bill. AS 2698 was referred to
the Planning CODlllission for reviev and comment. The results of the April
7 hearing on SB 1656 will be reviewed at the next meeting of the Council.
Council opposed the proposed Caltrans policy on cost allocation for public
road connections and crossing of freeways. The Director of Public Works
will prepare comments regarding the proposed policy and forward them to the
Calif. Transportation CoDlllission, attn: W. E. Schaefer and the League's
Sacramento office prior to May 1, 1980.
RECESS: 7:20-7:32 p.m.
SALUTE TO THE FLAG
ROLL 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
City Atton1ey Kilian
CONSENT CALENDAR
It was moved by Counc. Jackson, seconded by Counc. Rogers and passed unan-
imously to approve the Consent Calendar.
8.
Resolution No. 5259: "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 Describ"d for Salaries and
Wages for the Payrol1 Period Ending March 25, 1980."
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MINUTES OF THE APRIL 7, 1980 CITY COUNCIL MEETING
9. Resolution No. 5257: "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 March 11,
1980."
10. Resolution No. 5255: "A Resolution of the City Council of the
City of Cupertino Allowing Certain Claims and Demands Payable in
the Amount and from tbe Funds as Herelnafter Describl!d for General
and Miscellaneous Expenditures for the Period Ending March 18,
1980."
11. Resolution No, 5256: "A Resolution of the City Council of the
City of Cupertino Allowing Certain Claims and Demands Payable in
the Amount and from the Fund9 88 Hereinafter Described for General
and Miscellaneous Expenditures for the Period Ending March 19,
1980. "
12. Resolution No. 5258: "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 M~rch 26,
1980."
13.
Resolution No. 5260: "A Resolution of the City Council of the
City of Cupertino Approving Contract Change Order No. 6 for North
De Anza Boulevard Improvements, Project 79-18."
14. Resolution No. 5261: "A Resolution of the City Council of the Cit
of Cupertino Accepting Grant of Easement for Roadway Purposes from
Kenneth K. Lee and Margie C. Lee Consisting of Approximately
0.0198 Acres, Located along Poppy Way."
15. Resolution No. 5262: "A Resolution of the City Council of the
City of Cupertino Approving Contract Change Order No. 1 for Mann
Drive Station Drain Line, Project 80-45."
16. Resolution No. 5263: "A Resolution of the City Councll of the
City of Cupertino Approving Parcel Map and Improvement Plans of
Property Located along McClellan Road at the Entrance to the Golf
Course; Developer, C. Michael Glasson and B & C Construction;
Authorizing Execution of Improvement Agre~~nt; Authorizing Signin
of Parcel Map and Improvement Plans."
17. Resolution No. 5264: "A Resolut ion of the City Council of the Cit
of Cupertino Approving Contract Change Order No. 6 for Senior
Citizen Center, PI'oject 79-·3, Contract No. 14, General Work."
18.
Request for waiver of business license fee for Northwest YMCA sale
of peanuts.
CC-492
Page 3
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+2
Page 4
Resolution
of apprecia-
tion re bank
robbery ar-
rests
.
Public h earlng
c.ed
Negative Dec.
grant ed
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MINUTES OF THE APRIL 7, 1980 CITY COUNCIL MEETING
20. Minutes of the regular City Council meeting of March 17, 1980. (CC-490)
21. Minutes of the adjourned regular City Council meeting of March 31,
1980. (CC-491)
Vote
AYES:
NOES:
ABSENT:
ABSTAIN :
Members of the City Cowell
Jackson, O'Keefe, Rogers, Sparks, Meyera
None
None
None
ORAL COMMUNICATIONS
22. Presentation of a resolution to Santa Clara County Sheriff's Depart-
ment personnel for their quick action in preventing 8 bank robbery.
Mayor Meyers pre3ented a resolution of appreciation to Officers Larry
Goodman and Dave Martin. A check for $1,000 from Barclay's Bank which
had been donated to the Deputies' Association was given by the Association
to the Crippled Children's Camp Fund.
Sheriff Winter also ~ongratulated the two officers.
Mayor Meyers introduced a group of Girl Scouts in attendance at the meeting.
Sheriff Winter presented a commendation to John Matthew Patterson and Von
John Dessenberger who assisted the Sheriff's Department in apprehending the
accomplices in the bank robbery.
Dorothy Wright, 22303 Regnart Road, expressed her concern regarding
hillside preservation.
PUBLIC HEARINGS
23. Application 5-Z-80 of San Jose Typewriter Company, Inc.: Rezoning
approximately .3 of an acre from CG (General Commercial) to P (Planned
Development with General Commercial intent) zone. Said property
is located on the southeast corner of Orange Avenue and Stevens Creek
Boulevard and EnvironmentaJ. Review: rloe Planning Commission recom-
mends the granting of a Negative Declaration. Recommended for
approva 1.
(a) First reading of Ordinance No. 997: "An Ordinance of the City
of Cupertino Amending Section 1 of Ordinance No. 2 by Rezoning
Approximately .3 of an Acre from CC: to P; Located on the South-
east Corner of Orange Avenue and Stev~ns Creek Boulevard."
It was moved by Counc. O'Keefe, seconded by Counc. Sparks and passed
unanimously to close the public hearing.
It was moved by Counc. O'Keefe, seconded by Counc. Sparks and passed
unanimously to grant a Negative Declaration to Application 5-Z-80.
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MINUTES OF THE APRIL 7, 1980 CITY COUNCIL MEETING
It was IIIOVed by Counc. O'Keefe, seconded by Coone. Jackson and paøøed
unanimously to approve Application 5-Z-80 per Planning Commission
Resolution No. 2048.
It was moved by Counc. j".ckson, seconded by Counc. O'Keefe and passed
unanimously to read Ordinance No. 997 by title only and the Mayor's
reading to constitute the first reading.
24. Application S-Z-80 of Park Plaza Development: Rezoning approxi-
mately 5.3 gross acres fr~ CG (General CnllDercial) to P (Planned
Development) with mediUIII-high density residential intent. Said
property is located at the southwest corner of Portal Avenue and
Stevens Creek Boulevard. Enviro_ental Review: The Planning
Commission recoœmends the granting of a Negative Declaration.
Recommended for denial (A motion for approval resulted in a 2-1
vote. Since a rezoning approval requires affirmation vote of a
majority of total members, the motion results in technical recom-
mendation for denial). (This application to be heard in conjunc-
tion with Application 2-U-8O.)
(a) First reading of Ordinance No. 998: "An Ordinance of the
City of Cupertino Amending Section I of Ordinance No. 2 by
Rezoning Approximately 5.3 Gross Acres from CG to P; Located
at the Southwest Corner of Portal Avenue and Stevens C...eek
Boulevard. ..
PLANNING APPLICATIONS
25. Application 2-U-80 of Park Plaza Development: Use Per~it to con-
struct 102 residential condomium units. Said property is located
at the southwest corner of Portal Avenue and Stevens Creek Eoule-
vard. Environmental Review: The Planning Co1lDllission recommends
the granting of a Negative Declaration. Recommendation for denial
(see note following item 24).
Vic Mills, 3238 McKinley Drive, Santa Clara, reviewed the project with
Council and pointed out changes made from the original plans.
Jason Chartier, 21060 Homestead Road, also reviewed the plans with
Council.
II. C. O'Shea, 20367 Clay St., representing a group of 165 citizens.
said he felt the proposed development was too dense and the buildings
too high. He also felt there was inadequate noise abatement.
Mr. James Joy, 19811 Price Avenue, submitted a petition against high
density housing. He felt that twelve units per acre should be maximum
density throughout the City in order to maintain its character. He
reviewed the General Plan and Below Market Rate Housing policy with
Councjl.
Mr. Sid Burkett, partner in BAS Homes Inc., spoke in favor of the pro-
posed development, é:.S "Silicon Valley" needs housing.
CC-492
Page 5
5-Z-80
approved
Pirat reading
of Ord. 997
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Public hearing
closed
Negative Dec.
granted
8-Z-80
a.oved; firs
ring 0 f
Ord. No. 998
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MINUTES OF TIlE APRIL 7, 1980 CITY COUNCIL MEETING
Alf Kodine stated that the money market restricts housing more than
density. He felt that Cupertino cannot solve the whole valley'. hOWling
problem.
Sully Hightower of Kaiser Aluminum representing the Santa Clara Kaøu-
facturers' Group felt that the City should encourage bouaina close to
jobs. He stated that the Group was willing to form a committe. and
work with the Planning Commission and builders.
Roger Mack, an instructor at De Anza College, said that from hia research
he feels that the major housing demand lS still to come. Ha apoke in favor
of high density.
Carl Carlsen, 21114 Mercy Court, representing Apple Computer, stated
that lower density does not meet the community's needs. He urged Council
to approve the project.
Rosemary Callahan, 19954 Wheaton Drive, stated that Lots F and G would
be preferable for commercial zoning, She did not like high density.
Nancy Hertert, 22830 San Juan Road, complimented the City Council on
its concern for the community.
Betty Mann, 22968 Cricket Hill Road, spoke in favor of the project,
particularly the concept of BMR.
Ron Bierman, 19781 Bixby Drive, submitted pictures of traffic in the
area. He expressed concern regarding availab~lity of parking and the
vehicle noise.
Jim Joy reviewed the City's BKR policy. Mr. Joy asked if the program
were self-sufficient and if not, he stated that the people should be
aware of this. He also expressed his belief that the City has a respon-
sibility in BKR housing.
Mr. Paul Hardman, 10223 Parish Place, suggested a type of maintenance fund
to insure that builders do what they state they are going to do. Council
suggested the City Attorney work on this with the use permit conditions.
Mr. John Johnson, 19831 Price Avenue, requested that density be no higher
than 12 units per acre.
It was moved by Counc. Spar~q, seconded by Counc. Rogers and passed
unanimously to close the public hearing.
It was moved by Counc. Sparks, seconded by Counc. Jackson and passed with
Counc. O'Keefe dissenting to grant a Negative Declaration.
It was moved by Counc. SparKs, seconded by Counc. Jackson and passed with
Counc. O'Keefe dissenting to approve Application 8-Z-80 per Planning
Commission Resolu"~n No. 2049. It was moved by Counc. Jackson, seconded
by Counc. Sparks and passed unanimously to read Ordinance No. 998 by title
only and the Mayor's reading to constitute the first reading,
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MINU1'ES OF THE APRIL 7, 1980 CITY COUNCIL MEETING
It was moved by Counc. Sparks, seconded by Counc. Jackson and passed
with Counc. Rogers elisaenting and Counc. O'Keefe abataining to refer
Application 2-U-SO back to the PIa_ing CoBaission. It_ to be re-
viewed incluele traffic and parking design, transition to exiating rea-
idences, noise and landscaping.
RECESS: 10:10-10:20 p.m.
26. Application 25-U-79 of Hawley & Peterson: Use Permit to conatruct
an office building consisting of approximately 94,000 sq. ft. and
Environmental Review: The Planning CoIII!Dission rec01llllenda the
granting of a Negative Declaration. Said property is located on
the northwest corner of Mariani Avenue and North De Anza Boulevard
in a P (Planned Development with industrial, commercial and resi-
dential (4-10 dwelling units per gross acre) int~t) zoning dis-
trict. Recommended for approval.
It was moved by Counc. Rogers, seconded by Counc. Sparks and passed
unanimously to approve Application 25-U-79 per Planning CODBission
Resolution No. 2052. It was IIIOVed by Counc. O'Keefe, seconded by Counc.
Sparks and passed unanim~usly to grant a Negative Declaration on the
proj ect.
· ARCHITECTUJIAL AND SITE APPROVAL CœlMITTEE APPLICATIONS
27. None
ITEMS REMOVED FROM CONSENT CALENDAR
28. None
UNFINISHED BUSINESS
29. Parki~g restrictions/time limitations on Noonan Court.
(a) Urgency Ordinance No. 999: "An Ordinance of the City of
Cupertinc Repealing Ordinance No. 996 and Amending Section
11.24.160 of the Cupertino Municipal Code, Relating to Stoppin .
Standing or Parking on Fublic Streets and Providing for Signs
Notifying the Public; Declaring the Urgency Thereof."
It was moved by Counc. Rogers, seconded by Counc. Jackson and passed
unanimouRly to read Ordinance No. 999 by title only.
It was moved by Cour.c. Rogers, seconded by Counc. Jackson and passed
unanimously to enact Urgency Ordinance No. 999.
NEW BUSINESS
·
30. Request from Hewlett-Packard for two temporary office trailers to
be located in parking lot area west of Building 42.
CC-492
Page 7
2-U-SO referred
back to Plan-
niDa COIIIII.
25-U-79
approved and
Negative Dec.
granted
Reading of
Ord. No. 999
Ord. No. 999
enacted
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T!!mporary
trailers at
Hewlett-
Packard
Award of bid
continued
Amendment to
Sheriff's
contract
A~ney to
a..d LCC
Arbitration
in barking dog
cases
Cupertino's
Silver Anni-
versary
.
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MINUTES OF THE APRIL 7, 1980 CITY COUNCIl. MEETING
It was moved by COllnc. Jackson, seconded by Counc. Rogers and passed
unanimously to approve Bevlett-Packard's request for uae ~f two temporary
office traDers through April 7, 19sf. The trailers will be loc::ted in
the parking lot area west of Building 42.
31. Report on bid opening, Stevens Creek Widening at Railroad, Project
80-42, award of bid and granting of negative declaration.
It was moved ¡'y Counc. Sparks, seconded by Counc. Rogers and passed unan-
imously to continue award o( bid and granting of Negative Declaration for
Project 80-42, St~vens Creek widening at railroad.
32. Consideration of an amandment to the present contract (FY 1979-80)
with the Santa Clara County Sheriff's Department.
It was moved by Counc. Sparks, seconded by Counc. Rogers and passed
unanimously to approve the amendment subje~t to the City Manager's review
of rates for overhead and vehicles. The City Manager will also review
charges levied when more than one car responds to an incident.
33. Request for City Attorney to attend League of Californiia Cities City
Attorney Conference.
It was moved by Counc. Sparks, seconded by Counc. Jackson and passed uuaD-
imously to approve the City Attorney's ·,equest.
34. Discussion pertaining to revision of City ordinance regarding barking
dogs.
It was moved by Counc. Rogers, seconded by Counc. Jackson and passed
unanimously to approve the suggested arbitratinn procedure in dog barking
cases. The Code Enforcement Officer and Assistant Code Enforcement Offirer
will serve as arbitrators for the City.
35. Request for appropriation of funds for celebration of Cupertir~'s
25th anniversary (Counc. Rogers).
It was moved by Counc. Sparks, s~conded by Counc. Jackson and passed with
CüullC. O'Keefe dissenting to approve the request for up to $3,000 for
use in the City's Silver Anniversary Celebration. Funds will be subject
to the committee's and finance subcommittee's guidelines and will be used
on a matching basis with funds donated by outside organizations.
WRITTEN COMMUNICATIONS
36. None
ORDINANCES
37. Second reading of OrdinaU" No, ~95: "An Urdinance of tne t;1ty of
Cupertino Amending Chapter 10.45.030 of the Cupertino Municipal Code
(Nighttime Vehicular Delivery or Pickup to or From Co~ercial Estab-
lislunents Prohibited)."
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MINUTP..s OF THE APRIL 7, 1980 CITY COUNCIL MEETING
It was moved by Cowc. Jackson, seconded by Counc. Sparks and passed
unanimously to read Ordinance No. 995 by title only and the Mayor'.
reading to constitute the second reacling.
Mrs. Moore, 1036 Paradise Drive, requested a copy of the ordinance.
It was moved by Counc. Jackson. seconded by Counc. Sparks and passed
~nanimously to enact Ordinance No. 995.
38. First reading of Ordinance No. 1000: "An Ordinance of the City of
Cupertino Amending Section 11.20.020 of the Cupertino Municipal
Code Relating to Vehicular Stop Required at Certain Intersections.'
It was moved by Counc. Jackson, seconded by Counc. Rogers and passed
unanimously to read Ordinance No. 1000 by title only and the Mayor's
reading to co~qtitute the first reading.
39. First reading of Ordinance No. 1001: "An Orelinance of the City of
Cupertino Amendin~ Section 11.24.150 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. Jackson, seconded by Counc. Rogers and passed
unanimously to read Ordinance No. 1001 by title only and the Mayor's
reading to constitute the first reading.
NON-AGENDA BUSINESS
40. RecognitÍùn by Mayor of special requests.
(a) General Audience - Ann Anger, 10185 Empire Avenue, addressed
outBoing Councilmembers and expressed her appreciation for their efforts
Council requested that Mr. Joy, 19811 Price Avenue, be notified by staff
when a group of citizens may meet with representatives of Park Plaza
Development regarding the proposed units at Stevens Creek and Portal.
Bob Barrett expressed his displeasure with the proliferation of ord-
inances enacted by City Council.
John Plungy expressed his thanks to Council and staff for their assist-
ance.
At 11:35 the meeting was adjourned
,. :zz "80. //J A
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City Clerk
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cc--492
Page 9
Seccnd reading
of Ord. 995
Ord. No. 995
enacted.
First reading
of Ord. 1000
First read ing
of Ord. 1001
I
Appreciation to!
Co\D1cU
Meeting re
Park Plaza
project
Thanks to
Co unci 1