CC 12-18-78
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CITY OF CUPERTINO, STA'lE OF CALIFORNIA
10300 Torre Avenue, Cupertino, California 95014
Telephone: 252-4505
IflNUTES OF 'lBB aEGULAJl MEETING OF THE CITY COUNCIL
HELD ON DECEMBER 18, 1978 IN THE CONFBIERCE ROOM, CITY BALL
CWERTtNO, CALIFORNIA
I~yor Jackson called th2 lIIeeting to order at 6:32 p.lII. in the Con-
ference Room of City Hall.
ROLL CALL
Counc. Present:
Counc. Absent:
Meyers, Rogers, Sparks, Kayor Jackson
O'Keefe (Due to his visit to Toyokawa, Japan repre-
senting the City under the Sister City Program)
Staff Present:
City Manager Quinlan
Di~ector of Adlllinistrative Services Ryder
Director of Planning and Development Sisk
Deputy City Clerk Cornelius
Assistant City Engineer ~.'tten
Director of Parks and Recreation dutler
STAFF REPORTS
1.
Oral reports by staff melllbers and submission of written reports.
(a) The City Manage!,' announced the retirement of Wm. E. Ryder,
Director of Administrative Services, with an effective date of Feb-
ruary 2, 1979. He also announced that pending other situations he
would be naming Blaine Snyder Acting Director of Finance, Dorothy
Cornelius Acting City Clerk and Barbara Brown Acting Administrative
Assistant and Director of Personnel, with an effective date of Feb-
ruary 3, 1979.
(b) The City Manager reviewed the requirements under the island
annexation law as it pertained to the City of Cupertino and requested
that the City Council determine a policy under which staff is to pro-
ceed. This matter is to be placed on the City Council agenda for
January 2, 1979.
(c) It was the consensus of the Council to postpone taking any
official position relative to a redistribution of revenues and sub-
ventions from the State as has been proposed under a post-Proposition
13 program.
(d) The City ~mnager also submitted a report for a potential
program of acquisition of surplus school property should such property
become available.
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CC-444
Pas. 1
Retiré!ment or
WIll. K. Ryder
Island annexa-
tion
Revenue redis-
tribution
Acquisition of
surplus school
property
(e) Following other Council committee reports, the Mayor recesse Recess
tt.~ meeting at 7:32 p.m. to reconvene in the Coundl Chamber for the
balance of the agenda.
':C"':444
pe2
Items removed,
balance ap-
approved
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MINUTES OF THE DECEM!lER 18. 1978, CITY COtmctL MEETING
The Kayor called the ....et1=;¡ to order at 7: 38 in the Council Chamber.
SALUTE TO THE FLAG
ROLL CAJ.L
Cot:Qc. Present:
~unc. Absent:
Meyers. ilL'aers, Sparks, Mayor Jackson
O'Keefe
Staff Present:
City Manager Quinlan
Director of Administrative Services Ryder
City Att~rney Adams
Director of Planning and Development Sisk
Director of Parks and Recreation Butler
Assistant City Engineer Whitten
~.puty City Clerk Cornelius
HOl'.sing Rehabilitation counselor Hastings
Items 10, 21 and 22 were rellloved from the Consent Calendar. It was moved
by Counc. Sparks, seconded by Counc. Rogera and passed unanimou3ly to approve
the balance of the Consent Calendsr.
7.
Resolution No. 4857: "A Resolution of the City Council of the City
of Cupertino Allowing Certain ClailllS and Demands P3yable in the Amounts
and from the Funds as Hereinafter Described for General and Miscel-
laneous Expenditures for the Three Day Period Ending December 4, 1979."
8. Resolution No. 4858: "A Resolution of the City Coundl of the City
of Cupertino Allowing Certain Claims and Deaands Payable in the Amounts
and from the Funds as Hereiuafter Described for Salaries and Wages
for the Payroll Period Ending December 5, 1978."
9. Resolution N". 4859: "A Resolution of tt.e City Council of the City
of Cupertino Allowing Certain Claims and Demands Payable in the
Amounts and from the Funds as Hereinafter Described for General
and Miscell~neous Expenditures for the Seven Day Period Ending
December 11, 1978."
11. Resolution No. 4863: "A Resolution of the City Council of the City
of Cupertino Authorizing Execution of a Grant of Easement to the
Santa Clara Valley Water District for Maintenance Purposes, Regnart
Creek."
12. Resolution No. 4864: "A Resolution "f the City Council of the City
of Cupertino Approving Contract Change Order No. 2 for Asphalt Over-
lay Project 78-20."
13. Resolution No. 4865: "A Resolution of the City Council of the City
of Cupertino Approving Contract Change Order No. 1 for Emergency
Generator - Plumbing Project 78-16."
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MINUTES ~F THE DECEHB~R 18, 1978, CITY COUNCIL MEETING
14. Resolution No. 4866: "A Res~lution of the City Council of the City
of Cupertino Approving ~ntract Change Order No. 1 and No. 2 for
Elllergency Generator - Blectrical Project 78-14."
15. Resolution No. 3873.38: "A Resolution of the City Council of the
City of Cupertino Approving Contrac. Chanae Order No. 11 for Vallco
Park Assessment District 1974-2."
16. Redolution No. 3873.39: "6 Resolution of the City Council of the
City of Cupertino Approvina Contract Change Order No. 12 for Vallco
Park Assessment D1atrict 1974-2."
17. Resolution No. 4304..33: "A Resolution of the City Council of the
City of Cupertino Approving Contract Change Order No. 10 for North
De Anza Boulp.vard Assessment District Project 76-14."
18. Resolution No. 4868: "A Resolution of the City Council of the City
of Cupertino Authorizing the Execution of Local Agency-State Agree-
ment, Program Supplement No. 1 Rev. 2, for the Improvement of Mc-
Clellan Road, West of Bridge."
19. l.esdution No. 4~69: "A Resolution of the City Council of the City
of t,~ertino Approving the Application for Grant Funds Under the
State Litter Control, Recycling and Resource Recovery Fund."
20. Resolution No. 4870: "A Res~lution of the City Council of the City
of Cu~ertino Making its ~der Describing the Boundaries Designated
as 'Alcalde 78-18' to be Annexed to the City and Ordering Annexa-
tions to the City Without Public Hearing as Provided by Lav; Approx
imately 0.8 Acres; Located on the South Side of Alcalde Road At
Cordova Road.1t
23.
Application HC-5l,3l2.5
of site and grading for
Lot 5, Regnart Canyor..
- Brad and Anna Webber requesting approval
a single-family home l~cated in Tract 6028,
Recommended for approval.
24. Waiver of business license for the Purple Hesrt Ve.erans Rehabili-
tatiun Services Inc.
L5. Minutes of the regular meeting of the City Council, December 4,
1978. (CC-443)
Vote Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
Meyers, Rogers, Sparks, Jackson
None
O'KLefe
None
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CC-444
Page 3
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PaW- HlNùTES OF THE DECEMBER 18, 1978, CITY COUNCIL MEETING
22. Application ØC-Sl,410.4 - Carl Bobick Co. (Dr. Brrvn) requesting
approval of .ite, architecture and laúdscaping for 36,720 .q. ft. .inale-
story industrial .tructure located on the welt .ite of Bandley
Drive north of Lezaneo Drive. Recommended for approval.
HC-5l,4l0.l
conti:1ued to
1/15/79
Public hearing
closed
IAease auth-
oMed
Public hearing
cont inucd to
1/2/79
Negative Dec.
.ted
24-U-78 ap-
proved
27-TH-ì8
approved
It wee moved by Counc. !feyers, seconded by Counc. Sparks and passed unan-
imously to continue Application HC-51,410.4 at the applicant's r~quest to
the meeting of Januar.y 15, 1979.
ORAL COMMUNICATIONS
26. None
PUBLIC HEARING'>
27. Request frOll Alpha Cab Co. and Yellow Checker Cab Co. fur change in
rates.
Presentation - Edward Fleming, Treasurer of Alpha Cab Co.
tt waS moved by Couoc. Sparks, seconded by Coun~. Meyers and passed unan-
imously to close the public hearing.
It was moved by ~anc. Meyers, Beconded by Counc. Sparks and passed unan-
imously to authorize the requested increase in rates.
28. Amendment of Housing Element to the General Plan: Adopti.n uf a
Housing Element as a part of the Comprehensive General Plan. Recom-
mended for approval. (continued from meeting of December 4, 1978)
(to be continued to 1II~~ting of January 2, 1979)
It was moved by Counc. Sporks, seconded by Counc. Meyer~ and passed unan-
imously to continue cl.e public hearing to January 2, 1979.
P~JmINC APPLICA1¡ON~
29. A?plications 24-U-78 and 27-TH-78 of Gaetano S. Divittorio: Use Permit
to construct a retail c~mmercial office building consisting of approx-
imately 20,O~0 sq. ft.; Tentative Map to consolidate three existing
parce13 into one parcel consisting of approximately 1.2 acres; and
ENVIRONMENTAL REVIEW: The Planning Co.mdssion recolDDlends the granting
of a Negative Declaration. Said property is located at the northwest
corner uf Lazaneo Drive and North De Anza Boulevard in a P (Planned
Development with general commercial, light industrial and residential,
4-10 dwelling units per gross acre intent) zoning dietri~t. Recom-
mended for approval.
It was moved by Coune. Meyers, seco~ded by Counc~ Rogers and passed unan-
imous~J to grant a Negative Declaration.
It was moved by Counc. Meyers, seconded by Counc. Sparks and passed unan-
imously to approve Application 24-1J-78.
It was mO~led b} (;ounc. Meyers, seeol\rled by Counc. Nagers and passed unan-
imously to approve Application 27-TH-78.
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MINUTES OF TIlE DECEMBER 18, 1978 CITY COUNCIL MEETING
30. Application 23-U-78 of Thomwood Associates: Usa Permit to opar-
ate 1,400 sq. ft. travel agency within the exietin, løsastsed LaDs.
Shoppina Center; and EHVUOIDŒNTAL REVIEW: The projsct vas pr."i-
ously assessed hence no action ia required. Said property is
located on the southeast CDrner of Honestead Road and Stellina Ro~
in a P (Planned Development vith recreational, entertainment and
lilllited commercial intent) zoning district. Recommanded for
approval.
City Clerk's Note: Mayor Jackson abstained from all discussion on this
application due to his association vith the applicant on another matter
It was moved by Counc. Sparks, seconded by Counc. Meyers and passed
unanimously with Counc. Jackson abstaining to approve Application
23-U-78.
ARCHITECTURAL AND SITE APPKOVAL COMMtTEE APPLICATIONS
31. None
ITEMS REMOVED FROM CONSENT CALENDAR
10. Resolution No. 4862: "A Resolution of the City Council of the Cit
of Cupertino Honoring Joseph R. Perez and Giving Recognition to
the Years of Dedicated Service to His City and to All of Soc~ety."
It was moved by Counc. Meyers, seconded by Counc. Jackson and passed
unanimously to approve Resolution No. 4862.
21. Application HC-5l,474.1 - Devcon Constru~tion (Terrance Rose) re-
questing approval of site and architectar~ for an elllergency med-
ical facility located on the corner of Stevena Creek Boulevard
~nd Vista Dr~ve. Pecommended for approval.
It was ~ved by Counc. Rogers, seconded by Counc. Meyers and passed
unanimously to approve Applic~tion HC-5I,474.l
UNFINISPÆD BUSINESS
33. Consideration oi an ordina~ce providin~ for building security.
It was moved by Counc. Sparks, seconded by Co~nc. Rogers and passed
unanimously to set January 15, 1979 as the date for a public hearing
to consider the Building Security Ordinance.
34. Report on bid opening fúr No. De Anza Boulevard Landscaping Pro-
ject 79-8, and award of contract.
It was moved by Coune. Meyers, seconded by Coune. Rogers and passed
unanimously to award the contract to B. L. Cohen Larrdscape, Inc. ~n
the amount of $21,608, to approve Resolution No. 4872, Ch~nge Order No.
1, reducing the contract by $8,033, and to appropriate an additional
$1,575 from the General Fund.
CC-444
Pal. S
Jackson ab-
stained
23-U-78
approved
Res. No. 4862
adopted
HC-5l,474.l
approved
1/15/79 set
for public hear
ing
Contract to
B. L. Cohen
Landscape, In~.
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CC-444
P.6
Adopt staff
recommendation
Equipment to
be acquired
through infor-
mal biddinl.(
Contract to
CVE, Inc.
.
Contract to
Rosendin Elec.
Summol'5 refer-
red to insur-
ance carrier
Res. No. 4860
adopted
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MINUTES OF THE I'!;CDIBER 18, 1978 ctTY COUNCIL KDTING
NEW BUSnw.::
35. Consideration of change in Housina and eo..mity Developaent Grant
Fundina, funding for the 6th and 7th year of the BCD Proar...
It was moved by Counc. Meyers, seconded by Counc. Roaers and passed unan-
imously to adopt the staff r~commendation and to s~ inform the County of
Santa Clara.
36. Rep~rt on bid opEnin~ for trocurement and installation of food service
equipment for the Senior Citizen Center, DPW 79-5, and award of con-
tract.
It w~s moved by Counc. Rogers, seconded by Counc. Sparks and passed unan-
imously to authorize staff to acquire the necessary equipment through the
informal bi~~ing procedure in the absence of obtaining formal bids on
two separate occasions~
37. Report on bid opening for traffic signal controller installation,
Project 79-2, and award of contract.
It was moved by Cou~c. Rogers, seconded by Counc. Sparks and passed unan-
imously to award the contract to CVE, Inc. in the amount of $129,350 and
to authorize a 10% contingency in the amount of $12,935.
38. Report on bid opening for traffic signal installation, Pruneridge Avenue
at Hewlett-Packard, Project 79-10, an~ award of contract.
It was moved by Counc. Meyers, seconded by Counc. Sparks and passed unan-
imously to award the contract to Rosendin Electric 1n the amount of $45,990.
39. Summons served in beàalf of Kevin Markey for an accident that occurred
~n Old Stevens Creek Road, June 26, 1978.
It was moved by Counc. Sparks, seconded by Counc. Rogers and passed unan-
i,~usly to refer the summons to the City's insurance carrier and to recom-
mend that a Demurle. Without Leave to Amend be requested.
40. Formation of Foothill MainL.~ce District.
(a) Resoluticn No. 4860: "A Resolution of Intention for Formation of
Foothill Maintenance District."
Presentation - Joan Briody, Wilson, Morton, Assaf & McElligott
It was moved by Counc. Meyers, seconded by Counc. Sparks and passed unan-
imously to adopt Resolution No. 4860.
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MINUTES OF THE DECEMBER 18, 1978 C!TY COUNCIL MEETING
41. Formation of Bandley }~intenance District.
(a) Resolution No. 4861: "A Resolution of Inteation for Formation
of Bandley Maintenance District."
It was moved by Counc. Meyers, seconded by Counc. Rogers ..Dd passed
unanimously to adopt Resolution No. 4861.
WRITTEN COMMUNICATION!;
42. FrOlll George Black relatina to noise emanatina frOlll Zllog.
The communication and staff report relatu'g to this matter were accep~ed
and filed.
ORDINANCES
43. Second reading of Ordinance No. 905: "An Ordinance of the City
of Cupertino Amending Section 1 of Ordinance No. 2 by Prezoning
Approximately l5.4± Acres from Santa Clara County Rl-IO to Various
City of Cupertino Zoning Districts Including Approximately 3.9~
Acres to City of Cupertino Rl-7.5, Apvroximately 3.8 Acres to City
of Cupertino Rl-lO, Approximately 1.J! Acres to City of Cupertino
Rl-20 and Approximately 6.1 Acres to City of Cupertino BQ; Located
on the Westerly Side of Foothill Boulevard Approximately 150 Ft.
Southerly of Poppy Drive Immediately Opposite the Intersection of
Salem Dr! ve. "
It was moved by Counc. Meyers, seconded by Counc. Sparks aud passed unan
imously to read Ordinance No. 905 by title only and the Mayor's rea¿~ng
to constitute the second reading.
It was moved by Counc. Meyers, seconded by Counc. Rogers and paased unar.
imously to enact Ordinance No. 905.
44. Second reading of Ordina.1ce No. 906: "An Ordinance of the City of
Cupertino Regulati~g Conversion of dulti-Family Rental Hous1nf> to
Community Housing Including Condominiums, Community Apartments,
Stock Cooperatives and Planned Develop'.oents."
It was moved by Counc. Meyers, s~conded by Counc. Sparks and passed unan
imously to read Ordinance No. 906 by title only and the Mayor'fi reading
to constitute the second reading.
1t was 1.,,·"ed by Counc. Meyers, seconded by Counc. Sparks and passed unan
imously to enact Ordinance No. 906.
45. Urgency Ordinance No. 911: "An Ordinance of the City Council of
the City of Cupert:!."" Authorizi..g an Amendment to th~ Contract
Between the City Council and t,le Board of Administration of the
CalifornIa Public EmployeeE' Retirement System."
It was moved by Counc. Meyers, seconded by Counc. Sparks and passed unan
imously to read Ord¡~ance No. 911 by title only.
It was moved by Counc. MeyerE, seco~ded by Counc. Rogers and passed unan
imously to enact Urgency Or~inance No. 911.
CC-444
Pale 1
Adopt Res. No.
4861
Communication
filed
Second reading
of Ord. No. 905
Ord. No. 905
e"acted
Second reading
of Ord. No. 906
Ord. No. 906
enacted
Reading of Ord.
No. 911
Ord. No. 911
enacted
.
CC-444
.6
Trianon Advis-
ory Committee
Executive
Session
.
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MINUTES 0F TIlE DECEMBER 11'1, 1978 CITY COUNCIL KEEIlNG
RESOLUTIONS
46. None
NON-AGENDA BUSINESS
47. Reco,:nition by Kayor of special reqnests.
(a) General Audience - None
(b) City Council
Counc. Rogers reported on the meeting of the Trianon Advisory Committee and
requested that they be placed on the agenda for January 15, 1979.
Mayor Jackson adjourned the lIIeeting at 8:30 p.m. to an E~ecutive Session
to discuss personnel matters.
Mayor Jackson reconvcDed the meeting in open session at 8:37 p.m.
It was moved by COUDC. Meyers, seconded by Counc. Sparks and passed unan-
imously that the salary for the Director of Public Works be increased to
$2,735 per month retroactive to August 1, 1978, pursuan~ to previous
unanimous authorization by the City Council.
Mayor Jackson adjourned the meeting at 8:38 p.m. to 6:30 p.m., January
2. 1979.
City