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CC 01-02-79 , \ . ; . . . ,_. ?~,';-;t" "~'·~'R~~~~.,.~~..ø.t'7-fC~ry~f1~~';-;~'~ ~~,~.,~~,~-.~'7'~''';: ~.:~~~,'a;~.. . CITY OF CUPERTINO, STATE OF CALIFORNIA lOJOiì Terre Avenue, Cupertino, California 95014 Telephone: 252-4505 MINUTES OF THB IIIiCUI.ü MllBTUlC OF THE CITY COuøcIL HELD ON JANUARY ~. 1979, UI TBI COØPIRIJICE ROOK, CITY BALL CUPERI' UIU, CALIPORRIA Maye r Jackson called t'ne meeUnl to order at 6:35 p.... in the Conference Room of City Hall. ROLL CALL Coune. Present: heyerR, O'Keefe, Rogera, Sparks, Mayor Jackson Staff Present: City Mansger Quinlan Deputy City Clerk Cornelius Director of Planning and ~~.elop..ent Sisk Director of Public Works ViskovLch Director of Parka and ~ecreation Butler By consensus. Council directed the City Managp.r to pursue legislation to revise MORGA to allow for 3m81l road Gtrip annexations when neceasary. Planning 1)Ílector 3isk was directed to contact appropriat;: persons regard- ing the .andscaping along De Anza Boulevard between Highway 280 and Stevens Creek Boulevard and to check on confo~nce of businesses to the sign ordinance. By cùnsensus, Council will continue conveninl meetings at 6:30 p.m. to discuss reports. Counc. O'Ke.re gave a report on his visit to Toyakava, Japan. He will invite the M.lyor and Vice Mayor of ToyakAwa to visit Cupertino in February , I RECESS: 7:25 p.m. The meeting was reconvened in the Council Chamber at 7:35 p.m. SALUTE TO THE FLAG POLL CALL Counc. Present: Meyers, O'Keefe, Rogers. Sparks, Mayor Jackson Staff Present: City Manager Quinlan Deputy City Clerk C.ornelius Director of Planning and Development Sisk Director of Public Works Viskovich Director of Parks and Recreation Butler City Attorney Adams Finance Officer Snyder Acsistan~ Planner Kramer CC-445 Page 1 I Small road strip annex- ations De Anza Blvd. landsC'apIng, conformance to sign ord. Meetings to begin at 6:30 Report on O'Keefe's visit to Toyakawa CC-445 peZ Con~el.1t Ca1- end"" approved . . '--·---·~;:~t'·'···~~:J!'~"1';'"'''''''''.""",~~.~~~'>!!.I!~''~ ,: '-'~ ',-', -'.'" . ': '." '\:/~.'./:"''''';''-'~.'~.~. ;'-....)..\,."Jc..' MINUTES OF THE J.\NUARY :', 1979, CITY COUNCIL MEETING CONSENT CALENDAR It was moved by Counc. II.olers. seconded by Counc. Spl:rks and passed unanimously to approve the Consent Calendar. 7. Resolution No. 4871: "A Resolution of the City Council of the City of Cupertino AllowinB Certain Claims and Demands Payable in the Amount and from the Funds all Hereinafur Described for General and Miscellaneous Exp"..ditures for the Seven Day Period Ending December IS, 1978." 8. Resolution No. 4873: "A Resolution of the City Council of the C1:y of Cupertino .ûlowing Certain Claims and Demands Payable in the Amounts and from the Funds as Hereinafter Described for Salsries and Wages for the Payroll Period Ending Dec8'llber l!l, 1978." 9. Resolution No. 4875: "A Resoluticn of ti'e City Council of the City of Cupertino Allowing Certain Claims and Demands Payable in the Amount and from thr Funds as Hereinafter Described for General and Miscellaneous Expenditures for the Eleven Day Period Ending December 26, 1978." 10. Resolution No. 4876: "A Resolution of the City Council of the City of Cupertino Authorizing Execution of Local Agency-State Agreement Supplement No. 6 to C~nvert Mercury Vapor Luminaires to High Pressure Sodium L...inaires." 11. Resolution No. 4877: "A Resolution of th<, City Council of the City of Cupertino Approving Contract Char.ge Order No. 3 for Asphalt Overlay Project 78-Z0." 12. Resolution No. 4878: "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.1, Earthwork, Paving hnd Grading." 13. Resolution No. 4879: "A Resolution of the City Council of the City of Cupertino Approving the Parcel Map of Propeny Located at the Southeast Corner of Stevpns Creek Boulevard and Miller Avenue, Home Federal Savings and Loan Association, ar.d Authorizing the City Engineer to Sign the Parcel Map." 14. Resolution No. 4880: "A Resolution of the City Council of the City of Cupertino Making its Order Describing the Boundaries Designated as 'Permanente 78-8' to be Annexed to the City and Ordering Annexation to the City Approximately 11 Acres, More or Less.1f 15. Minutes of the regular meeting of the City Council, December 18, 1978. (CC-444) ............ . . . ~'," ", -'~''''''''.t,;f~~'~~~~·''':~'7:V~,'~'>2,.~J~'~1F~70':'~~f'~.¡P:~'t .,"·:,~~7" MINUTES OF ":HE JANUARY 2, 1979, CITY COUNCIL MEETING ~ Members of the City Council AYES: NOES: ABSENT: ABSTAIN: Meyers, O'Keef., Roger., Sparks, Jackson None None None ORAL COMMUNICATIONS 16. None PUBLIC HEARINGS 17. Appeal of granting of use permit to Burger King r~rporation: Appli- cation 21-U-78, Use Permit to construct and operate a faat-food, takL-out restau~ant consisting of &pprox~tely 3,700 sq. ft. with outdoor seating facilit ies. on a site "qualing approximately .9 of an acre. Said property is located on the west side of North De Anza Boulevard approximately 250 ft. northerly of Stevens Creek Boulevard in a CG (General C01llllercial) zoning district. Approv~d by Planning Commission November 13, 1978. Appealed November 15, 1978. (con- tinued from meeting of December 4, 1978) <a) Resolution No. 4874: "Resolution of the City Council cf the City of Cupertino Reversing the Action of the Planning Commis- sion in Grantinl a Use Permit to Construct and Operate a Fast- Food, Take-Out Restaurant (21-V-78 -- 5urger King Corporation). It was moved ly Coune. Spa.ks, seconded by Counc. Rogers and passed unan- imously to continue this matter to the Council meetin~ of January 15, 1979. 18. Amendment of Housing Housing Element as a mended for approval. Element to the General Plan: Adoption of a part of the Comprehensive General Plan. Recom- (continued from meeting of December 18, 1978) Presentation - Assistant Planner Kramer It was moved by Counc. Meyers, seconded by Counc. Sparks and passed with Counc. O'Keefe dissenting to authorize City staff to include the Below lIarket Rate in the Housing Element. It was moved by Counc. Sparks, seconded by Counc. Rogers and passed with Counc. O'Keefe dissenting to approve the Housing Element. It was moved by Counc. Sparks, seconded by Counc. Rogers and passed unan- imously to rescind the vote on the Housing Element. <:ordon C·.H, a builder from Mountain View, spoke against Section 8 housing ~~n An~er; Monta Vista resident, spoke regarding Section 8 housing. It wa$ moved by Counc. Sparks, seconded by Counc. O'Keefe and passed unan- imcu~ly to close the public hearing. CC-445 PSle 3 CO'ltinued to 1/15/79 Below Mar ket Rate Housing Housing Ele- ment approved Motion res- cinded Public hear- ing closed CC··445 P.4 Hous ing Ele- ment adopted Not if icat ion process Wording of notices Publ ic hear- ing closed ~ No. 4881 ~~ted . ~"...< ""::-''''':~~~:''\~'':"","',' ;...... m_ ,"'~''': ~"""'f"~-"":"'~':-" ~.- ,,...~ ~-, MINUTES OF THE JANUARY 2, 1979, CITY COUNCIL MEETING It was moved by Counc. Sparks, seconded by Counc. Rogers and passed with Counc. O'Keefe d1saenting to sdopt the Housing Element of the Gene:ral Plan. 19. Public hearing regarding abatement of weeda declared to be a public nuisance. (a) Resolution No. 4881: "A Resolution of the City Council of the City of Cupertino Ordering the Abatement of Public Nuisances Pursuant to Provisions of Ordinance No. 724 and Resolution No. 4850." Dr. Joseph Brown, 20985 Pepper Tree Lane, requested t¡,at the date by which weeds must be removed be modified. Alan Carder, County Fire Marshal, review2d the notification process for weed abatement. City Manager Quinlan reported that he and Chief Carder will meet January 9 to discuss the wording of the notices sent. It W3S moved by Counc. Sparks, seconded by Counc. Rogers and passed unanimously to close the public hesring. It was moved by Counc. Meyers, seconded by Counc. Rogers and passed unar.imously to adopt Resolution No. 4881. 20. Application 2D-Z-78 of Amaral & Blanco: Rezoning .82 gross acres from RI-IO (Residential, single-family, 10,000 sq. ft. minimum lot size) to Rl-7.J (Residential, single-family 7,500 aq. ft. minimum lot size) zone; and ENVIRONMENTAL REVIEW: The Planning Commis81.on recommends the granting of a Negative Declaration. Said property is located on the east side of Blaney Avenue approxi- mately 100 ft. northerly of the intersection with Pacifica Drive. Recommended for approval. (This application to be heard in con- junction with Application 26-TH-78.) (a) First 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 RI-IO to RI-7.5 Zone, Located on the East Side of Blaney Avenue Approximately 100 Ft. Northerly of the Intersection with Pacifica Drive." PLANNING APPLICATIONS 22. Application 26-TM-78 of Amaral & Blanco: Tentative Map to subdivide the sub',ct property into three parcels; and ENVIRONMENTA~ REVIEW: The Pl~nning Conmission recommends the granting of a Negative Declaration. Shid property is located on the east side of Blaney Avenue approximately 100 ft. northerly of the intersection with Pacifica Drive. Recommended for approval. (This application to be heard in conjunction with Application 20-Z-78.) ,.....'....._\ "',.>",, ~ ~ ¿~-.. '-, ~ . . ,-~ -..... · · :;"--> ·,'~,~r.·'.·~· ~-.'" ...·....~'I'r"'·y~.,\~\~':¡i~~'i..'!'",<¡:"'\....~,:I'!~P._~ T:["~~;r':.f,:.::t:~-=:~~~,""!"'-rf-_,' ,~.,.; :......, '_,ø"_, ','. ~':f~"'~"'-'~ -.;......' ',-." ,', ,", .:".-', .....'.'..- ~-":',L' ~IlNUTES OF THE JANUARY 2, 1979, CITY COUNCIL HEETING It was moved by Counc. Sparks, seconded by Counc. Rogera and pasaed unan- imously to close the public hearing. It was moved by Counc. Meyers, sscor.ded by Counc. Sparks and passed unan- imously to grant the Negative Declaration. It Was moved by Counc. Meyera, secouded by Counc. Sparks and passed unan- imously to approve Applicst:!.on 2(}-Z-78. It was moved by Counc. Meyers, seconded by Counc. O'Keefe and passed unan- imously to read Ordinance No. 912 by title only and the Mayor's reading to constitute the first reading. It was moved by Coune. Meyers, seconded by Counc. Sparks and passed unan- imously to approve Application 26-TM-78 with conditions of Resolution No. 1903 of the Planning Co~ssion. PUBLIC HEARINGS (continued) 21. Application 19-Z-78 of Barre L. Barnes: Prezoning approximately .51 gross acres from Santa Clara County R2-8LH (two family residence, 8,000 sq. ft. minimum lot size) to City of Cupertino Rl-7.5 (Residen- tial, single-family, 7,500 sq. ft. minimum lot size) zone; and ENVIRON MENTAL REVIEW: The Planning Commissio:1 reco...ends the granting of a Negative Declaratiun. Said property is located on the east si~~ of M~rriman Road approximately 400 ft. southerly of the intersection with Alcalde Road. Recommended for approvsl. (a) First reading of Ordinance No. 913: "An Ordinance of t"~ City of Cupertino Amending Section 1 of Ordinance No. 2 by ~rezoning approximately .51 Gross Acres from Santa Clara County R2-8LH to City of Cupertino RI-7.5 Zone, Located on the East Si,le of Mer- riman Road Approximately 400 Ft. Southerly of Alca.lde Road." It was moved by Counc. Sparks, seconded by Coune. O'~eefe and passed unan- imously to close the public hearing. It was moved by Counc. Sparks, seconded by Counc. Meyers and passed unan- imously to grant the Negative Declaration. It was moved by Counc. Sparks, secondeè oy Counc. O'Keefe and passed unan- i~ously to approve Application 19-Z-78. It was moved by Counc. Meyers, seconded by Counc. Sparks and passed unan- imously to read Ordinance No. 913 by title only and the Mayor's reading to constitute the first reading. RECESS: 9:05 to 9:20 p.m. ARCHITECTURAL AN~ SITE APPROVAL CmiMITTEE APPLICATIONS · 23. None CC-445 Pale 5 Public hear- iDg closed Negative ;)ec. granted 2o-Z-78 approved First. reading of Ord. No. 912 26-TM-78 approved Public hearing closed Negative Dec. granted 19-Z-78 approved First reading of Ord. No. 913 , I . . , ~4~ Claim denied . Info meetings to be held. guidel ines developed Service plans to be devel- oped Request granted Conti:1Ued for 3.YS ~K~:~,~~~~.'~,:~_~~ft""J:,~!'-~~'~~"'-:":i~~'.':~~~~~_~;~~'~'I~:j<S:~'1>~"-.'~""···'''·· MINUTES OF THE JANUARY 2, 1979, CITY COU1fCIL MEETING UNFINISHED BUSINESS 24. None NEW BUSINESS 25. Claim submitted by Marie A. DeMartini for injuries suffered by her husband Paul DeMartini in an auto accident. Upon recoõlllDendation of the City Attorney, it was moved by Counc. Sparks, seconded by Counc. Rogers and passed unanimously to deny thf! claim and to notify the claimant. 26. Discussion of issues related to ialand annexations. Lee Chaney, Adriana Avenue, Manta Vista, urged that information be given by public meetings. Dean Sayer, 10805 S. Stevens Creek Road, opposed annexations. Gordon Cull, Monta Vista property owner, would not oppose annexations as long as the rural atmosphere of Monta Vista could be main~ained. Ann Anger, Monta Vista resident, opposed forced annexation and urged that information be disseminated to the public. Nancy Hertert felt that many people would not initiate annexation pro- ceedlllgs but would not protest annexationa and suggeated the formation of a citizens subco~ittee. Council requested that public infol~tion meetings be held within the island areas and requesteJ staff to develop suggested guidelines to be followed when considering annexation of an island. Each po~ential island annexation will be judged on its own merits. It was moved by Counc. Sparks, seconded by Counc. O'Keefe and passed unanimously for staff to develop a Kaster Service Plan for ialand annexation and a Site Spe~ific Service Plan for the island designated "Peninsula" to be presented to Council. 27. Request from City of ~lS Altos for withdrawal of property from Cupertino's Urban Servi~e Area. It was moved by Counc. Meyers, seconded by Counc. O'Keefe and passed unanimously to grant the request. 28. Proposed Smoke Detector Ordinance. It was moved by Counc. Sparks, seconded by Counc. O'Keefe and passed unanimously to continue this matter for thirty days. . . . . · · · ,-..- .-----~,.~,-.~....~.._~,~ ~.~~. ,.."'\- . ~Y',,(" MINUTES OF THE JANUARY 2, 1919, CITY COUNCIL MEETING 29. Appointment of Treasurer and Deputy Treasurer. It was moved by CoIDIC. O'Keefe, secoàded b1counc. Spub ad putitídunan- imously to adopt rec~endat1ol18 1. 2, 3. S _ 6 of Diret:t.or of;lo"-i..iatra tive Services Ryder's memorandum dated Deç__er 29, 1978, aa tollow: 1. Appo int Blaine Snyder as Treasurer. He is to be named AcUnl Director of Finanre and currently is Deputy Treasurer. 2. Have all Clty warranld, with two exceptions, be signed by the Mayor in addition to the Treasurer's signature. Warrants are processed on a weekly cycle with payroll on a bi-w~ek1y basis. 3. The two exceptions are related to plscing in the City Manager's custody a facsimile signature stamp for the Mayor and to authorize him to use that for the timely conclusion of inveRtment transactions and for emergency purposes when the Mayor would not be i~ediately ava ilable. Have the name anj signature of the Mayor Pro-T~m on th~ signature cards to serve as an alternate for the Mayor's signature. A warrant would become valid with eitLer the Mayor or Mayor Pro-Tem'a signature and with the signature of the Treasurer or Deputy Treasurer. Continue the same procedure as now to require monthly reporting to the City Council by the Treasurer of all investment tranqactions and balances as well as the ratificati~n of all disbursements in resolu- tion form. 5. 6. Blaine Snyder was appointed City ,'reasurer effective upon completion of signature cards and his swearing In. The appointment of Deputy Treasurer will be scheduled for the January 15, 1979 meeting. WRITTEN COMMUNICATIONS 30. None ORDINANCES 31. Urgency Ordinance No. 909: "An Ordinance of the City of Cupertino Amending Section 8.08.240 of the Cupertino Municipal Code, Relating to Dog License Fees, and Declaring the Ur<;ency Thereof." It was moved by Counc. M~yers, seconded by Counc. Sparks ana passed unan- imously to read Ordinanoe No. 909 by title only_ It was ~ved by Counc. Meyers, seconded by Counc. Spark~ and passed unan- imously to enact Urgency Ordinance No. 909. 32. First reading of Ordinance No. 914: "An Ordinance of the City of Cupertino Amending Paragraphs Band C of Section 10.B2.020 of the Cupertino Municipal Code, Relating to Licenses to Sell Concealed Weapons. II It was moved by Coune. Meyers, seconded by Counc. OtKeefe and passed unan- imously to read Ordinance No. 914 by title only and the Mayor's reading to constitute the first reading. CC-445 Pag. 7 ~..da- t.·. adope'" Blaine Snyder appointed City Treasurer Ord. No. 909 read by title Ord. No. 909 enacted First read ing of Ord. No. 914 . . .4~ . - "", ','" - ~·n:.~:~~~~~l'I!r~m·,~,~~,¡,~",,!,}~,~. " ", ,"" " .,,\...\.," " '~';"''''~'"''',~,- , RESOLUTIONS MINUTES OF TIJE JANUARY 2, 1979, CITY COtlllCIL MEETING 33. None NON-AGENDA BUSINESS 34. None Mayor Jackson sdjoumed the meeting at IO:SO p.m. /J ri- fZ¿;, DepU~~ler , :." ,.,.",~'