CC 12-04-78
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CITY OF CUPERTINO, STATE OF CALIFORNlA
10300 Torre Avenue, Cupertino, California 95014
Telephone: 252-4505
MINUTES OF THE 1U!'ß1JLAR MEETING OP 'tHE CITY COUNCIL
HELD ON DECBMBD. 4, 1978, IN THE COHlEUNC£ RO<It, CITY HALL
CUPERTniO, CALlPORNIA
Mayor Jackson called the meeting to order at 6:35 p.lII. in the Confer~nce
Room of City Hall.
ROLL CALL
Counc. Present: Meyers, O'Keefe, Rogers, Sparks, Kayar Jsckson
Staff Present; City Manager Quinlan
Director of Administrative Services Ryder
Dirpctor of Planning and Development Sisk
Director of Parks and Recreation Butler
Director of Public Works Viskovich
Others: Lt, Thomas, Santa Clara County Sheriff's Department
Chief Payne, Central Fire District
STAFF REPORTS
1. Oral reports by staff members and submission of written reports.
~.
It was moved by Counc. O'Keefe and seconded by Counc. Rogprs
to support the 70% reduction level for the proposed ABAG
budget. The motion was def,ated with Councilmembers Jackson,
Sparks and Meyers dissenting.
b.
It was moved by Counc. Meyers, seconded by Counc. Sparks and
passed with Counc. O'Keefe dissenting to recommend adoption of a
d~_s schedule with a 60% reùuction for the proposed ABAG budget.
c.
It was the consensus of the Council to reqUp.dt that the City
Mana~er write a letter to the Board of Supervisors expreasing
t.he City's position on the effect to the Central Fire District
on its proposed involvement with the Milpitas Fire District.
d.
It was the consensus of the Council that the Fire Chief and the
Sheriff's Department representative not be required to attend
future Council/Staff meetings unless either so desires or un-
less if so asked by the Council denending on the agenda item
to be discussed.
e.
The City Mana&~r was requested to write a letter of appreciatio
to the County Transit Authorit ies for providing a new bus for
display purposes at a recent Council meeting.
The Mayor deelared a recess at 7:30 p.m. to reconvene in the Council
Chamber.
Mayor Jackson reconvened the meeting at 7:37 p.m. in ~he Council Chamber
of City HalL
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CC-443
Page 1
Motion for 70X
reduction de-
feated
60% reducti'Jn
cecomm-er.Jed
Letter to
Pire Distriot
re ittvolve-
lIIer.t with
Milpitas.
Reps. of
Fire õ. Sheriff
Depts. atten-
dance
Appreciation
t.o County ~e
display of bus
Recess
Reconvened in
Chamber
"
~43
..2
Items removed
Consent Cal-
ev ap-
PWd
.
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MINUTES OF THE DECÐfIIER 4, 1978, CITY !:OUNCIL MEETING
SALUTE TO TIlE ;: ,AI.;
ROLL CALL
Counc. Present: Meyers, O'Keefe, Rogers, Sparks, I'.ayor Jackson
Staff Present: City Manager Quinlan
Direct~r of Adllliniatrative Services Ryder
Director of Planning and Development Sisk
Director of Public Works Viskovich
Director of Parks and Recreation Butler
City Attorney Adams
Housing Rehabilitation Counselor Hastings
Deputy City Clerk Cornelius
Assistant Planner Kramer
Associate Pl~nner Piasecki
CONSENT CALENDAR
Items 13, 17, 18 and 19 were removed fr~m the Consent Calendar.
It was moved by Counc. Meyers, seconded by Counc. Rogers and passed unan-
imolJsly to appr~ve the ba¡an(.;.~ of the Consent Calendar.
7. Resolution No. 4848: "A Resolution of the City Council of the City
of Cupertino AlI~wing Certain Cla~s and Demands Payable in the Amounts
and from the Funds as Hereinafter Described for General and Miscel-
laneo~s Expenditures for the Seven Day Period Ending November 20,
1978."
8. Resolation No. 4849: "A Resolutio!l 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 November 22, 1978."
9. Resolution No. 4856: "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 General and Miscel-
laneous ¿xpenditures for the Eleven Day Period Ending December 1,
1978."
10. Resolution No. 4851: "A Resolution of the City Council of the City
of Cupertino Approving Contract Change Order No. 4 for Corporation
Yard Pn>ject, DPW 78-GI, EDA 07-51-21353, Contract No. 14, General."
11. Resolution No. 4852: "A Resolution of the City Council of the City
of Cupertino Approving Contra~t Change Order No. 1 for Interconnect
Conduit, Project 78-3."
12. Resolution No. 4853: "A Resolution of the City Council ot the
City of Cupertino Authorizing Execution of Landscape Maintenance Agree-
ment between the ~ity and Devcon, Inc., Bandley Drive."
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MINUTES OF THE DECEMBER 4, 1978, CITY COUNCIL MEETING
14. Resolution No. 4854: "A Resolution of the City Ccuncil of the City
of Cupertino AckDovledg1na Execution of Joint Bul'cise of Puers
Agreement and CooperatiOD Agre...nt Pursuant to Title I of the
Housing and Co_ity Development Act of 1974 as,l\aended."
l5. Resolution No. 4855: "A Resolution of the City Council of the City
of Cupertino Approving the Parcel Map of Property Located et the
Corner of De ADza Boulevard and Rodrigues Avenue; Developer, Northe
California Savings and Loan Association; and Authorizing the City
Engineer to Sign the Parcel Map."
16. Waiver of buainess license fee for Adult Independence Development
Center of San Jose.
Vote Members of the City Council
AYES:
NOES:
ABS E:IT :
ABSTAIN:
Meyers, O'KeeÍ , Rogers, Sparks, Jackson
None
None
None
ORAL COMMUNICATIONS
20 . None
PUBLIC HEARINGS
21. Application l8-Z-78 of. B.A.S. Homes, Inc.: Pre zoning approximately
l5.4! acres frolll Santa Clara County RI-IO (Single-Family Residential
to various City of Cupertino zor~ng district including approximately
3.7 ! acres to City of Cupertino Rl-7.5 (Residential, Single-FæPily,
7,500 sq. ft. minilllUlll lot size); approximately 3.6 acres to City of
Cupertino RI-IO (Reqidential, Single-Family, 10,000 sq. ft. minimum
lot size); approximately 2.0± acres to City of Cupertino Rl-20
(Residential, Single-Family, 20,000 sq. ft. minilllUlll lot size); ap-
proximately 6.1 acres to City of CI~ertino BQ (Quasi-Public) zoning
district; and ENVIRONMENTAL REVIEW: The Planning Collllllisr.ion recoil>-
mends the granting of a Negative Declaration. Said property is
located on the westerly side of Foothill Boulevard approximately 150
ft. southerly of Poppy Drive immediately opposite the intersection 0
Salem Drive. RecommendeG for approval. (This application to ~e
heard in conjunction with Application 23-TM-78.)
(a) First reading of Ordinance No. 905: "An Ordinance of t;.e City
of Cupertino Amending Section 1 of Ordinance No. 2 by Prezoning
Approximately 15.4! Acres f~~m Santa Clara County Rl-IO to
Various City of Cupertino Zoning Districts Includi~~ Approxi-
mately 3.9± Acres to City of Cupertino RI-7.~. Ar~røxjmately
3.8 Acres to City of Cupertino Rl-IO, Approximately l.~ Acrel>
to City of Cupertino Rl-20 and Approximately 6.1 Acres to City
of Cupertino Bq; Located on the West~rly Side of Foothill
Boulevard Appro'!Ímate1y 150 Ft. Sout:he~ly of Poppy Drive Im-
mediately Opposite the :nt ,;,'section of Salem Drive."
CC-443
Pale 3
Clìiï:43
P.4
Publ ie hear-
ing l.:loRed
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MINUTES O~' TlIE DECEMBE'it 4, 1978, CITY COUNCIl. MEETING
PLANNING A!'PLICAtIOK<;
27. Application 23-TK-78 of B.A.S. 80_, Inc.: TeataU". Map to subdiVide
SAid property into 27 sJngle-fem11y lots ranaing in si.. frolll 7,500
&q. ft. to 26,000 sq. ft. and two lots con8istina of . tot.l of
approximately 6.4 net acres and ~IRONMENTAL REVIEW: Th. Planning
Commission recoaaenda the granting of a Negative Declaration.
Ssid property is lo~sced on the westerly side of F~~thill Boule-
vard approximately 150 ft. poutherly of Poppy Drive immediately
opposite the intersection of Salem Drive. Recommenóed for epproval.
(This application to be heard in conjunction with Application l8-Z-78.)
Presentation - Steve Stearn, B.A.S. Homes
It was moved by Counc. Meyers, seconde¿ by Counc. O'Keefe and passed unan-
imously to close the public hearing.
Negative Dec. It was moved by Counc. Meyers, seconded by Counc. Sparks and passed unan-
granted imously to grant a Negative Declaration for Application l8-Z-78.
lB-Z-78
approved
.st read-
of Ord,
No. ?05
23-TM-78
approved as
amended
Cost sharing
for 5 ignali-
za t ion
_lie hear-
closed
Perr.¡it ap-
pcoved for
a year
It was moved by Counc. Meyers, seconded by Counc. Sparke and passed unan-
imously to approve ApplicatiJD l8-Z-78.
It was moved by Counc. Meyers, seconded by Counc. O'Keefe and p&~sed unan-
imously to read Ordinance No. 905 by title or.ly and the Mayor's reading
to constitute the first reading.
It was mcved by Counc. Meyers, seconded by Counc. O'Keefe and passed unan-
imously to approve A~plication 23-TK-78 pursuant to Plannlng Commission
Resolution No. 1&92 with added Condition 19 to require landscaping in
lots 9 and 10 which is to be to the satisfaction of staff; Condition 20
for the requirement of sound mitigation measures to meet HUD requirements;
ondition 21 to require that there be a notification to prnspective pur-
hasers of a potential increase in noise from the nearby railroad tracks;
ondition 22 to ~equire that all homes shall meet the provisions of the
roposed building security ordi~ance if such an ordinance is in effect
rior to the issuance of building permits; and Condition 23 to require
hat the developer shall contribute the cost of signalization on Foothill
oulevard in a proportionate share as may be determined in the future õy
he City Council.
he staff was requested to develop a draft of a policy relating to sharing
f costs for signalization.
PL~LIC HEARINGS (continued)
22. Request for rl!newal of bingo permit, Independent Order of Oddfellows.
It was moved by Co~nc. Meyers, deconded by Counc. Sparks and passed unan-
imously to close the ~ublic hearing.
It was moved by Counc~ Mevers~ seconå~~ by Counc. Rogers and passed unan-
imously to approve the pe::mtt for another year.
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MlN'JTES OF THE DECEllBER 4, 1978, CITY COUNCIL MlŒTtNG
23. ApplicatioDs lo-Z-77 (Revl..ecI) 8'IId a-U-77 (lavùed) of San Jose
BuUdina Deeip, IDC.: RevidoD of previoo,l)' approYed 'P1anaed
nevelopmeat ZooiDa Dietrlct aDd Use Permi~ co'delete Condition No.
23 which requires the developer to agree to provide reciprocAl
ingress/egress easements vith the adjointaa Weatridge Towahouse
Development; and EHVIRONHENTAL REVIEW: The project was previoaal)'
assessed henc.. DO ect10n is required. 'the IlUbject property is 10-
catt!d at the Dorthwest comer of the iDtersection of Foothill Bo\.le-
vard anà SteveDs Creek Boulevard. Rec.o-..decl for approval.
It was II'Oved by Counc. Sparks, seconded by Counc. Rogers M,d passed unan-
imously to close the public h~aring.
It was moved by COUDC. Roaers, seconded ~y Counc. Meyers and passed unan-
imously to approve the two applications with the ~letion of Condition
23 which required the developer to agree to provide reciprocal ingress/
egress eaSLIDents with the adjoining Westridge Townhouse Development.
24. Amendment of HousiDg Ebment to the General Plan: Adoption of a
Housing Element '1S a part ...f the COlDprehansive Gen..ral Plan. Recom-
mended for.,approval.
.
Presentation - Steve McKinney. Senior Planner, Santa Clara Cour.ty
It was moved by Counc. Rogers, seconded by Counc. S~aT.ks and passed un34-
imously to continue the. public hearing to December lil, 1978.
Staff was requested to submit a report on the manner in which the below-
mar.ket rate would be ~perat~d and administered under the h~using element.
f:aff also was requested to determine iÏ it were possibla to arrive at a
density which would be needed to allow construction of $60,000 homes.
25. City of Cu~ertino: Public Hearing to consider an ordinance reßUla-
ting conversie>;, of multiple flUlrlly rent..1 projects (including
duplexes) into single-owner hc.using units; and ENVIRONMENTAL REVIEW:
The Environmental Review Comm1tten. recommend9 the granting of a
Negative Declaration. Recommend..d for approval.
(a) First reading of Ordinance No. 906: "An Ordf"ance of the City
of Cupertino Regulating Conversion of Multi-Family Rental
Housing to COaDUDity Housing Includir'a CondominiUIIIS, COllllUDity
Apartlllents, Stock Cooperative and Planned De\'elopments."
Presentation - O'Patti Brisco, Manta Vista
It was moved by Counc. Meyers, seconded by Counc. Rogers and passed unan-
imously to close the public hearing.
.
It was moved by Coune. Heyen, seconded by Counc. Rosers and passed unan-
imously to amend the proposed ordinence under Sectitrn 3.!A, last para-
graph, so as te> read, "In no case shall a rental unit be converted
to single-family ownership housing when the r~tal within the Cupertino
housing market area is less than 5% at the time of application and has
aver..ged 5% ovc.r the past six IIIOnths as detenained by surveys conducted
by the Planning Dep"rtment of the City of Cupertino".
CC-443
Pase 5
Public hear-
ing closed
lo-Z-77 (Rev.)
and 8-U-77
(Rev.) ap-
proved
Public hearin
closed
Operation of
below-market
ra~e
Public hearing
closed
AlÏlII1éiiDent to
ord1.nance
.
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CC-443
p' 6
.
Negative Dec~
granted
First reading
of Ord. No.
906
Application
approved
.
Mot ion to deny
aFpeal de-
feated
2l-U- 78 denied
Continued fo".
adoption of
resolutio"
~inued
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MINUTES OF THE DEC¡,;MBER 4, 1978, CITY COUNClL MEETING
It was moved by Counc. Meyer¡¡, seconded by Counc. Sparb and p....d unan-
imously to granl a Øe¡ative ~cl&ration.
I~ was moved by Counc. Meyer., .econded by Counc. Rogen t,nd pas.ed unan-
imoualy to read Ordinatlce 110. 906 by title only and the Ka)'or'. readin&
to cons,itute the fir.t raadina.
NÐl BUSINESS
32. Presentation of application for HCD proar8111 funds for 1979-1982
for City Council endoraement.
It was moved by Counc. Meyers, secflnded by CO'lOC. Rogers and pasiled unan-
imously to approve the application.
FUBLIC HEARINGS (contin~ed)
26. Appeal of granting of use permit to Burger King Corporation: Appli-
cation 21-U-7&, Use Permit to construct ...d operate a fast-f~d,
take-out restaurant consisting of approximately 3,700 sq. ~,. with
outdoor seating faciJ.~ties, on a site equaling approximate::'y .9
of an acre. Said property is located on the west side of Nort.h
De Anza Boulevard approxilllately 250 ft. northerly of Stevens Creek
Boulevard in a CG (General Commercial) zon¡ng district. Approved
by Planning CODIIII~.sei=:l Noveu:ber 13, 1978. Appealed November ,,,S, 1978.
Presentation " Richard Snead, construction manager for project
It was moved ~y Counc. Meyers and seconded by Counc. Sparks to deny
th" appeal. The motion was deIeated wItt. Councillllembers Rogers, Jackson Ðnd
O'Keefe dissenting.
It was moved by Coune. O'Keefe, seconded by Counc. Rogers and passed
with Councilmembers Meyers and SVarks dissenting to deny Application 2l-U-78.
It was moved by Counc. O'Keef~, seconGed by Counc. Rogers ~nd pbosed with
Councilmembers Meyers and Sparks dissenting to continue the matter to
January 2, 1979 for the adoption of a forme I resolution denying the application.
ARCHITECTURAL AND SITE APPROVAL COMMITTEE APPLICATIONS
28. None
ITEMS REMOVED FROM CONSENT CALENDAR
13. Resolution No. 3873.38: "A Resolution of the City Council of the
City ~f C.1pertino Approving Contract Change Order 110. II for Vallcc
Park Assessment District 1974-2."
The item was continued to the meeting of December 18, :978 on motion
of Counc. Meyers, second of Counc. Rogers and passed unanimously.
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MINUTES OF TilE D¡;CEKBER 4, 1918, CITY COUNCIL MEETING
17. Acceptanca of City "'ojact '1erformed under contract: Ia:ar;:oaa.~t
Conduit - Ro.endin Blactric (No .upporting dOCUMDtation nac:a..ary)
It was moved by Counc. O'Keefe, seconded by Counc. ROlers and p...ed un
imousÄ.y to authorize acceptance of the project.
18. Minutes of resuJ,ar ..atinl of the City Council held November 20,
197e. (CC-441)
The City Clerk w.. requested to correct the motion for the waiver of
business license as shawn on page S of the November 20, 1978 meetina to
indicate passaae with Counc. O'Keefe abstainina rather than dissentina.
It was moved by Counc. O'Keefe, seconded by Counc. Rogers and paes~d
unanimously to approve the minutes as corrected.
19. Minutes of special meeting of the City Council held November 27,
1978. (CC-~42)
It was moved by Counc. Meyers, seconded by Counc. O'Keefe and passed
with Counc. Sparks ..bsta1ning to approv3 the minutes.
UNFINISHED BUSINESS
30. Report on bid opening for No. De Anza Boulevard Landsca?ing,
Project 79-8, and award of contract.
Cc-44J
Pale 7
_Project
accepted
Correction of
lIIinutes
I Minutes
approved
Minuces ap-
pro ved
It was moved by Counc. Rogers, seconded by Counc. Sparks an~ passed unan Continued
imously to continue the I118tter to the meeting of December la, 1978.
NEW BUSINESS
31. Report on bid opening for procurement and installation of food
service equipment for Senior Citizen Center, DPW 79-4, and award
of contract.
It was move,~ by Counc. Rogers, se,-,onded by Counc. Sparks and passed unan
imously to remove the item from the calendar.
33. Claim for damages to 1973 Ford submitted by Ford Motor Company.
It was moved by Counc. Sparks, seconded by Counc. O'Keefe and passed un
imously to pay the claim for damages as submitted.
34. Request from Alpha Cab Co. f~r a change in rates.
Removed from
calendar
7.laim paid
It was moved by Counc.Sparks, seconded ~y Counc. Rogers and passed unan- Continued
imously to continue the request to the n2xt m.etinr to allow time for
public input.
WRITTEN CO~¡ICATIONS
35. None
.
CÇ-443
P"8
Continued
Second reading
of Ord. No.
907
Ord. No. 907
enacted
.
Second reading
of Ord. No.
908
Ord. No. 908
enacted
Res. No. 4850
adopted
Execut ive
Session
,
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MINUTES OF ':!IE DECEMBEI: " 1978,:IT'i COUl/CIL MEETING
ORDINANCES
36. Urgency Ordinance !l09: "AD Ordinance of the City of Cupert1llo
Am<mding Section 8.08.240 of the Cupertino Hunicipal Code,
Relating to Dog License Fees, and Declaring the Urgency Thereof."
It was moved by Counc. Rogers, seconded by COUDC. Sparks an:! p...:oed
unanimously to continue the ordinao.ce to the .eeting of January 2, 1!l70.
37. Second read1r.g .'f Ordinance No. 907: "AD Ordinance of the City
of Cupertino Amending Chapter 2.12.010 (Publication cf Ordinances)
of the Cupertino Municipal Code."
It was moveJ by Counc. Meyers, seconded by Counc. Sparks and passed unan-
imously to read Ordinance No. 907 by title only and the Mayor's rea~ing
I co constitute the second reading.
It was moved by Counc. O'Ke~fe. seconded by Counc. Sparks and passed
unanimously to enact Ordir4Dce No. 907.
38. Second reading of {'I"dinance No. 908: "An Ordinance of the City of
Cupertino Amending Section 11.24.150 of the Cupertino Municipal Code,
Relating tu Stoppinll, Standing or Parking on Public Streets and
Providing for Signs Notifying the Public Thereof."
It was moved by Counc. Meyers. seconded by Counc. Sparks and passed unan-
imously to read Ordinance No. 908 by title only and the Mayor's reading
I to constitute the second reading.
It was moved by Counc. O'Keefe, seconded by Counc. Sparks and passed
unanimously to enact Ordinance No. 908.
RESOLUTIONS
39. ~o. 4850: "A Resolution of the City CoancU of the City of Cuper-
tino Declaring Weeds Growing on Certain Described Prcperty to be a
Public Nuisance. n
It was moved by Counc. Sparks, seconded by Counc. Rogers and passed
unanimously to adopt Resolution No. 4850.
Mayor Jackson adjourned the meeting to an Executive Session at 11:08 p.m.
for discussion of the City Attorney's contract.
The Mayor reconvened the meeting in open session at 12:08 a.m. and adjourned
it immediately thereafter.
/ /}
dÝ~L
City Cler
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