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CITY OF CUPERTINO, STATE OF CALIFORNIA
10300 Torre Aveaue, Cupertino, California 95014
Telephone: 252-4505
MINUTE¡: OF THE RÆULAR MEETIlfG or THE CITY COUNCIL
HELD ON JANUARY 15, 1979, IN THE CONFERENCE ROOM, C!!" HALL
CUPERT11iù, CALIFOlUIIA
Mayor Jackson called the .eeting to order at 6:35 p.m. in the Conference
Room of City Hall.
ROLL CALL
Counc. Present: Meyers, O'Keefe, Rogers, Sparks (6:45 p.m.), Mayor Jackson
Staff Present: City Manager Quinlan
Deputy City Clerk Cornelius
Director of Planning and Development Sisk
Director of Public Works Viskovich
Director of Parks and Recre~tion ~utler
Financ~ Officer Snyder
STAFF REPORTS
1. Oral reports by staff members and submission of written repurts.
C~uncil authorized staff to proceed with the preparation of a rate struc-
ture for refuse collection in the hillside area and when such structure is
frepared to schedule a hearing before Council. Staff is to investigate the
egality of a handicap parking ordinance.
Council by consensus requested staff t~ research whether the change of
address for purposes of pos~al services had been part of a petition filed
for reorganization of San J~se/Cupertino boundary.
Director of Planning and Development Sisk presented a pr~posal by the Arch-
diocese of San Francisco regarding 154 acres west of Foothill Boulevard to
be placed under the Williamson Act. Council by consensus agreed they had
no objection.
It was moved by Counc. Meyers, seconded by Counc. Rogers and passed unan-
imously by those present to contact the Senate Committee on Judiciary re-
garding opposition to SB 114 pertatning to limitation on contractual indem-
nification.
RECESS - 7:35 p.m.
The meeting was reconvened in the Council Chamber at 7:37 p.m.
SALUTE TO THE FLAG
ROLL CALL
Counc. Present: Meyers, O'Keefe, Rogers, Sparks, Mayor Jackson
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CC-446
Page I
Rate struc-
ture for
refuse
collection.
Change of
address for
boundary
adj us tmen t.
Proposal re
Williamson
Act
Opposition of
SF. 114
6
2
Consent Ca1.
approved
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MINUTES OF THE JANUARY 15, 1979, CITY COUNCIL MEETING
Staff Present: City Manager Quinlan
Deputy CIty Clerk Cornelius
Di~ector of Planninl and Development Siwk
Director of Public Iloru ViBkovich
Director of Parks and Recreation Butler
Finance OfHcer Snyder
City Attorney Adallls
CONSENT CALENDAR
It was moved by ('.ounc. Meyers, seconded by Counc. Sparks and passed \'nan-
imously to approve the Consent Calendsr.
7. Resolution No. 4882: "A Resolution of the CiLy Council of the City
of Cupertino Allowing Certain Claims and Demands Payable in the
Amount and from the Funds as Hereinafter Described for G"nerEl and
Mi~cellaneoU8 Expenditure~ for the Seven Day Period Ending Ja~uary
2, 1979."
8.
Resolution No. 4883: "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 January 2, 1979."
9.
Resolution No. 4885: "A Resolution of th.. City Council of the
City of Cupertino Allowing Certain Claims and Demands PÁyable in
the Amount and from the Funds as Hereinafter Described for General
and Miscellaneous Expenditures for the Six Day Period Ending January
8, 1979."
10. Resolution No. 4887: "A Reaolution of the City Council of the
City of Cupertino Approving Contract Change Order No. 5 for Corpora-
tion Yard Project, DPW 78-Gl, ElìA 07-51-21353, Contract No. 14 General."
11. Resolution No. 41128: "A Resolution of tt,e City Council of the City
of Cupertino Approving Contract Change Order No. 3 fOl HCD Water
Line Project 78-11."
12. Resolution No. 4889: "A Resolution of the City Council of the
City of Cupertinr. Declaring its Int~ntion to Order Vacation of a
Portion of a Puòlic Service Easement Within the City of Ccpertino
Pursuant to Section 50430 et seq. of the Government Code of the
State of California; Fixing Time and Place for Hearing and Providing
for Notice Thereof; Tract No. 5915, The Meadows of Cupertino."
13. Resolution No. 43/)4.34: "A Resolution of the City Council of the
City of Cupertino Approving Contract Change Order No. 11 for North
De Anza Boulevard Assessment District Project 76-14."
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MINUTES OF THE JANUARY l5, 1979, CITY CO'IINCIL MEETING
14. Resolution No. 4890: "A ResoluUon of the C::..y Council of the City
of Cupcrtino Approvinl Parcel Hap and x-prov_t Plans of Property
Locsted along Bsndley Drive South of ifaruni Avø"'J Developer,
Joseph P. Brown; Authoridog lIzecution of IlIprov_t Agreement;
Authorizing Sisning of Parcel Map and Iaproveaeot PIIIJI8."
15. Resolution No. 4891: "A Resolution of the City Council of the City
of tupertino Approving Contract Change Order No. I 'for De ADza-
Homestead Storm Drain Improvements, Project 79-5."
16. Resolution No. 4892: "A Resolution of the City Council of the City
of Cupertino Declaring its Intention to OrJer Vacation of a Portion
of Vallco Parkway as P~ovided in Section 8320 et seq. of the Streets
and Highways Code of the State of California, Fixing Time and Place
for Public Hearing and Providing for Notice Thereof."
17. Acceptance of s portion of street improvements in conjunction with
Sunny View Lutheran Home project.
18. Acceptance of City project performed under contract - McClellan Road,
West of Bridge, Project 78-7: M. C. Slack Paving Co., Contractor.
(No supplemental documentation necessary.)
19. Acceptance of municipsl improvementa, Tract 5621, De Anza Pines,
W. T. Sowell and George L. Fain. (No supplemental documentation
necessary.)
20. Acceptance of Vallco Parkway and Calabazas Creek Culvert - AD 74-2,
Raisch Construction. (No supplemental documentation necessary.)
21. Request for appropriation of funds, McClellan memorial bequest.
22. Requi!st for appropriation of funds, Blaney Overpass Landscsping.
23. Waiver of bl"glness 1 icense fee for Eaater Seal Society.
24. Waiver of busf.nes9 license fee for Camp Fire, Inc.
25. Waiver of business license fee for Associated Studenta of De Anza
College.
26. Waiver of business license fee for Santa Clara County Girl Scout
Council, Inc.
27. Application HC-51,474.1 - Devcon Construction (Terrence Ros~) re-
questing approval of architecture and landscaping for an emergency
medical facility located at the northwest quadrant of Stevens Creek
Boulevard and Vista Drive. Recommended for approval.
28. Application HC-51,341.5 - Alice Siegrist (Alicia'8) requesting ap-
proval of landscaping for a multi-tenant commercial center located
at the northwest quadrant of De AnZ3 Boulevard and Rodrigues ~venue~
Reco~ended for approval.
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CC-446
Page 3
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MI:¡UTES OF THE JANUARY l5, 1979, CITY COUNCIL MEETING
Because he is a property owner in the area of It_ 110. 33 and 34, Mayor
Jackson disqualified M...lt and left Coune:il Chamber. Mayor Pro Tam
Meyers condue:ted the meetinl.
It was moved by Counc. Sparks. seconded by Coune:. O'Keefe and passe:d
unanimously by those present to srant a Negötive Declaration.
It was moved by Counc. Sparks. sf!conded by Counc. Rolers and passed unan-
imously by those present to approve Application 25-U-78 as per Planning
Commission Resolution 1908.
34. Application 29-TH-78 of Sese:o (Howard Ruth, Jr., et al.): Tentative
Map to subdivide approximately one acre into 12 condominium office
parcels and one lot to be held in common ownership and ENVIRONMENTAL
REVIEW: The Planning Commlsaion recommends the granting of a NegA-
tive Declaration. Said property is located on the north side cf
Pacifica Drive approximately 200 ft. westerly of Torre Avenue in a P
(Planned Development) zon1nø district. Recommended for approval.
It was moved by Counc. Sparks, seconded by Counc. Rogers and passed unan-
imously by those Dre~ent to grant a Negative Declaration.
It was moved by Counc. Sparks, seconded by Counc. O'Keefe and passed unan-
imously by those present to approve Application 29-TK-78 as per Planning
Commission Resolution 1909.
Mayor Jackson returned to the Council Chamber.
ARCHITECTURAL AND SITE APPROVAL COHMITTEE APPLICATIONS
35. Application iC-51,410.4 - Carl Holvick Co. (Dr. Brown) requesting
approval of sLte, architecture and landscaping for 36,720 sq. ft.
single-story industrial structure located on the west side of Ba~dley
Drive narth of Lazaneo Drive. Recommended for approval. (continued
from meeting of December 18, 1978) (Removed from Consent Calendar
at request of applicant.)
Pr~sentation - James G. Walker, Carl Holvick Co.
It was moved by Coune. Meyers, seconded by Coune. Rogers and passed unan-
imously to approve HC-51,410.4, amending Condition 19, deleting the re-
quirement of an acoustical noise analysis with the applicant submitting
a letter to the City stating that if a certain db level is not maintained,
such a study will be done.
Staff will investigate a low maintenance design for the mini-cul-de-sac
and if no plants are required a water line is not needed.
Staff will meet with the developer to review the development agreement ex-
ecuted and the development fees paid in conjunction with the application.
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CC-446
p... 5
Mayor Jacksor
left lleeting
lIes_tive
Dec:lara tion
sranted;
25-U-78
approved
Negative
DeclaratJon
granted;
29-TK-78
approved.
Mayor re-
turned to
meeting
HC-51,410.4
approved
Review of
agreement and
fees
,
6
6
Review of
parking re-
quirements
Request for
deletion of
requ irements
denied
Application
HC-Sl,230.13
approved
Repo rt on
Pay less
fit
Dorothy
Cornelius
appointed
Negat iv"
Declaration
granted
Staff recom-
mendation
adop~ed
e
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MINUTES OF THE JANUARY 15, 1979, CITY CCUNICL KEETING
Staff was directed to review the ordinance regarding parking stall re-
qu ir...ents.
36. Applicstion HC-51.230.13 - Joseph P. Franco (Homestead Square)
requesting approval of site, architecture and landacaping for a
racquet ball court facility, reataurant and retail stl~cture to· be
s!tuated within an existing multi-tenant comaercial complex located
at the southeast c.o::ner of Franco Court and Homestead Road. Recom-
mended for approval. (Removed from Consent Calendar at request of
applicant. )
J. D Vanderlaan made a presentation rpqueating deletion of portion of the
wall requir~ent.
It was moved by Counc. O'Keefe, seconded by Counc. Meyers and pasaed
with Counc. Sparks disser.ting to deny the applicant's request.
It was moved by Counc. Meyers, seconded by Counc. Sparks and passed
unanimously to approve the application.
The Director of Planning and Development was requested to submit to Council
at their next meeting a report reøarding the requirements placed on the
Payless Store in the shoPpinl center.
ITEMS REMOVED FROM THE CONSENT CALENDAR
37. None
UNFINISHED BUSINESS
38. Appointment of a Deputy Treasurer.
It was moved by Counc. Meyers, seconded by Counc. Sparks and passed
unanimously to appoint Dorothy Cornelius as Deputy Treasurer.
39. Housing Element of the General Plan - granting of a Negative Dec-
laration.
It was moved by Counc. Meyers, seconded by Counc. Sparks and passed with
Counc. O'Keefe dissenting to grant a Negative Declaration for the Housing
Element of the General Plan.
40. Report on 911 system.
It was moved by Counc. Rogers, seconded by Couac. O'Keefe and passed
unanimOl·.sl¡ to adopt the staff recommendation as follows:
1) It is recommended that we support the County in an effort to
proceed with the 911 program on the Basic Sophisticated System on ¡he
condition tha~ all funding for hardware be done by the County, thu. leaving
flexibility for the Selective Routing System at a later date in case the
state should approve such funding.
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MINUTES OF THE JANUARY 15, 1979, CITY COUNCIL MEETING
2) Requeat that the sccounting system be _intalned in such oS
manner to determine not oa1y the operating costs of the hardware, but a1eo
the personnel costs of our total communications system.
The City Manager will contact Mayor Jackson regarding the expected date
of implementation of the system to be published in the Cupertino Scene.
NEW BUSINESS
41. Discussion pertaining to Kaiser offer in letter dated Dec....ber 18,
1978 to Board of Supervisors.
Mayor Jackson announced that a meeting to discuss Kaise~'s offer will be
held at 3 p.m., Frid3Y, Ja3uary 19, 1979. Kaiser's lett~r to the Board of
Supervisors was received and filed by Council.
42. Discussion of the Trianon Development Plan.
Catherine Gasich, Seonaid McArthur of the California History Center
and Bob Waid of the Sunnyvale Historical Society made presentations regarl-
ing the Trianon Advisory Committee to Council.
Susanna Young, Cupertino Historical So~iety, addressed Council regarding a
permanent representative of the Trianon Advisory Committee.
It was moved by Counc. Sparks, seconded by Counc. Rogers and passed unan-
imously to expand the membership of the Trianon Advisory Committee fr~m
five t~ seven members, to retain a representative of the Cupertino Histor-
ical Society as a permanet member and also to include a member of the
Associated Student Body of De Anza College and a representative from a
historical society from another city within the Foothill Co.....nity College
District and that this recommendation be forwarded to the F~othill
Community College District.
43. Consideration of acquisition of a portion of Monta Vista School.
It was moved by Counc. Meyers, seconded by Counc. Rogers and passed unan-
imously to request that the deadline for response be extended and that
staff reè~in an appraiser and report back to Council with a final prolram
to be undertaken with the District for the potential acquisition of a
portion of the Monta Vista School site.
44. Report on bid opening for Vallco Calabazas Creek Landscaping, Project
79-7, and award of contract.
It was Moved by Counc. Sparks, seconded by Counc. Rogers and passed unan-
imously to award the contract to Fred Jensen, Inc. for a low bid of
$20.778.
45. Authorization to purchase equipment - Dry-Silver Re~der Printer.
I t was moved DY Coune. N~yers, secondecl by Coune. Rogers l'od passeci u!".an-
imously to appropriate $7,500 from the General Fund to purchase a Dry-
Silver Reader Printer.
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CC-446
Page 7
Implaenta-
Hon date to
be published
Meeting re
Kaiser offer
TAC member-
ship to be
expanded
City to re-
tain appraise
and report
to Coun<:il
Contract to
Fred Jensen,
Inc.
Purchase auth-
or ized
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Appropria-
t ion for
left-turn
proj ect
Plans and
specs. to
be :>repared
Use of
temporary
tilucture
Ord. regu-
lating non-
conforming
uses
Executive
Sess ion re-
quested
fond read-
of Ord.
. 912
Ord. No. 912
ena-:ted
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MINUTES OF THE JANUARY 15, 1979, CiTY COUNCIL ME!TDIG
46. Additonal appropriation for Stevena Creak - Route 85 double 'laft-
turn, $ll,OOO.OO.
It was moved by Counc. Sparks, seconded by Counc. Rogel's end paned unan-
imously to appropriate an additional amount of $II,OOO from GaB Tax Fund
which includes cont tngency and authorize award of contract for Stevens
Creel</Route 85 double left-turn proj ect.
47. Request for authorization to proce'!d with No. De Anza Boulevard
Assessment District Landscaping.
It was moved by Co"';c. lleyers, seconded by Counc. Sparks and passed
unanimously to authorize staff to proceed with tbe preparation of plans
and specifications by retaini~g a landscape architect and utilizing the
funds from the No. De Anza Boulevard Asaessment District for the work
between Route 280 and the southeIly boundary of said District.
48. Request of Millenium for temporary trailer on tbei".· site at Pruneridge
and Tantau.
It was moved by Counc. Meyers, seconded by COlmc. Spar~~ and passed
unanimously that M1l1enium Systems, Inc. be allowed to use a temporary
structure for a period of one year.
WRITTEN COMMUNICATIONS
49. Commw,ication from Colleen J. Clark requesting a variance or the
amending of Ordinances 575 and 691.
It wss mQved by Counc. Rogers, seconded by Counc. Sparks and passed
unanimoualy for staff to revise the City ordina~ce regulating non-conforming
ï·ses to make distinctiol)$ betw<:en various non-co,1forminR uses. and to make
egal single family dwellings if in existence prior to ~nnexat1.on or rezoning.
Due to illness, COline. O'Keefe left the meeting at 11:25 p.m.
50. Notice from James E. Brown and Edward A. Hill regarding flooding.
City Attorney Adams requested an Executive Session be held at the con-
clusion of business regarding this matter.
ORDINANCES
51. Second reading of Ordinance No. 912: "An Ordinance of the City
of Cupertino Amending Section 1 of Ordinance No. 2 by Rezoning
Approximately .82 Gross Acres from Rl-IO to Rl-705 Zone, Located
on the East Side of Blaney Avenue Approximately 100 Ft. Northerly
of the Intersection with Pacifica Drive."
It was moved by Counc. Meyers, seconded by Counc. Rogers and passed unan-
imously to read Ordinance No. 912 by title only and the Mayor's reading
to constitute the sEcond reading.
It was moved by Counc. Sparks, seconded by Counc. Rogers and passed unan-
imously to enact Ordina~ce No. 912.
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MINUTES OF THE JANUARY 15, 1979, CITY COUNCIL MEETING
52. Second roaading of Ordinance No. 913: "An Ordinance of the City of
Cupertino kendinl Section 1 of Orc'inance No.2 by Preaoninl Approxi-
mately .51 Gross "'res from Santa Clara County R2-8LH to City of
Cupertino Rl-7.5 Zone, Located on the East Side of Merrilllan Road
Approx.i.mately 400 Ft. Southerly of Alcalde Road. to
It WE.S moved by Counc. Meyers, aeconded by Counc. Rogera and paaaed unsn-
imously to read Ordinance No. 913 by title only and the Mayor's reading to
constitute the second reading.
It was moved by Counc. Meyers, seconded by Counc. Rogers and passed unan-
imously to enact Crdinance No. 913.
53. Second reading of Ordinance No. 914: "An Ordinance of the City of
Cupertino Amending Paragraphs Band C of Section 10.82.020 of the
Cupertino Municipal Code, Relating to ~icenses to Sell Con:ealed
Weapons."
It was moved by Counc. Meyers, seconded by Counc. Sparks and passed unan-
imously to read Ordinance No. 914 by title only and the Mayor's reading
to constitute the second reading.
It was moved by Counc. Meyers, seconded by Counc. Sparks and passed unan-
imously to enact Ordinance No. 914.
54. First reading 0< Ordinance No. 915: "An Ordinance of the City of
Cupertino Amending Sections 11.12.030 and 11.12.040 of the Cupertino
Municipal Code Relating to the Establi~hment of Prima Facie Speed
Limits and Speed Limit Signs."
Ie was moved by Counc. Meyers, seconded by Counc. Sparks and passed unan-
imously to read Ordinance No. 915 by tltle only and the Mayor's reading
to constitute the firat reading.
RESOLUTIONS
55. No. 4884: "A Resolution of the City ColJDcil of the City of Cuper-
tino Amending the Conflict of Interest Code of the City of Cupertino
for Officials anå Designated Employees as Adopted by Resolution No.
4396. "
It was moved by Counc. Sparks, seconded by Counc. Meyers and passed unan-
imously to adopt Resolution No. 4884.
NON-AGENDA BUSINESS
56. Recognition by Mayor of special requests
(a) General audience - Non~
(b) City Council - None
It was moved by Counc. Sparks, seconded by Counc. Rogers and passed unan-
imously to adjourn to an Executive Session.
The meeting was reconvened at 11:35 p.m.
CC-446
Paae 9
Second read-
ing of Ord.
No. 913
Ord. No. 913
enacted
Second read-
ing of Ord.
No. 914
Ord. No. 914
~nacted
First read-
ing of Ord.
No. 915
Res. No.
4884 adop ted
Executive
Session
· .
Insuf fic iency
of Claim
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MINUTES OF THE JAIIIUARY 15, 1979, CITY COUNCIL MEETING
It was moved by Counc. Sparks, leconded by COunc:. Rogen and pa...~
unanimou81y to note receipt of the. letter froa James. 3. Brown end Edward
A. Hill and to aend a Rotice C'f In.,'ufficienCy of Clam.
The meeting war. adjourned at 11:40 p.m. to 7:30 p.m., Tuesday, January
l6, 1979.
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