CC 11-20-78
·
·
·
·
"~'-'~'~"~~""~''''~'~~.''.'\~~!?\'J'":~.~~. '''~~~~Y,('_~~,~~~Jt~-1J-~~,....J ..'~'.
, ,',-" , ", ,,'~ 'f ,.:' f ,,1, '. Y.''1--'' '^, ~,""',,', '"',, , "", "'-... ..." '''.
CITY OF CUPERTINO, STATE OF CALlPORNIA
10300 Torre Avenue, CupertillO, California 95014
Telephone: 252-4505
KINUTES OF THE UGULAR KEETIHG OF TIll em COl'HClL
HELD 011 NOVEMBER 20, 1978, IN THE COOðClL ClWfBU, CITY HALL
CUPERTINO, CALlFO!IIIIA
SALUTE TO THE FLAG
Mayor Jackson called the lIIeetina to order at 7:32 p... ~~ the counctl
Chamber of City Hall.
ROLL CALL
'-cuneo Present: Meyers, O'Keefe, Rogers, Sparks, Mayor Jackson
Staff Present: City Manager Quinlan
Director of Administrative Services Ryder
Director of Public Works Viskovich
Director of Planning and Developlll~lt Sisk
Director of Parks and Recreation Butler
Housing Rehabilitation Counselor Ha9tings
CONSENT CALENDAR
Ite:ns 8, 9, 12 and 15 were removed from the Consent C,llendar.
It was moved by Counc. Sparks, seconded by Counc. Rogers and passed unan-
imously to approve the balance of the Cnnsent Calendar.
1. Resolution No. 4838: "A Resolution of the City Council of the City
of Cupertino Allowing Certain Claillls and Demands Payable in the
Amounts and from the Funds as Hereinafter Described for General and
Miscellaneous Expenditures for the Seven Dil.Y Perio.1 Ending November
6. 1978,"
2. Resolutio!1 No. 4840: "A Resolution of the City Cou.:tcil of the City
of Cupertino Allowing Certain Claillls and DelllllJ\ds Payable in the
Amo,mts and from the Funds as Hereinafter Described for Salaries and
Wages for the Payroll P"riod Ending November 7, 1978."
3. Resolution No. 4847: itA Resolution of the City Council of the City
of Cupertino Allowing Certain Claillls and Demands Payable in the
Amounts and from the Funds as Hereinafter Described for General and
Miscellaneous Expenditures for the Seven Day Period Ending November
13, 1978."
4. Request for appropriation for drainage grates along Stevens Creek.
5.
Resolution No. 4842: itA Resolution of the City Council 01 the City
of Cupertino Authorizing Execution of Cooperative Agreenent between
the City of Cupertino and tr~ State of California Providing for the
Widening of De Anza Boulevard (State Highway Route 85) from Stevens
Creek Boulevard to Lazaneo Drive."
CC-441
l'age 1
Items removed
from Calendar,
balance
approved
I:C7441
P.2
.
~_ com-
"~, ,:.( ~,~ 'O¡;:~L~":;,~ ,.~~
. -,." ',' ,(
MINUTES OF THE NOVEMBER 20, 1978, CITY COUNCIL KEETlNG
6. Resolution No. 4843: "A Resolution of the City Council of tlut City
of Cupertino Acceptina a .Grant of Eaa_nt for StOt1ll Drain Purpos..
from Jcseph P. Brown and Vera E. Brown Located along Sandley Drive
North of Lazaneo Drive."
7. Resolution No. 4844: "A Resolution of the City Council of the City
of Cupertino Accepting a Grant of Easement for Storm Drain Purposes
frOll Erneat S. tlenalta and Sh1geko Uenau; Itsuo Uenau and Marian
F. Uenau Located alona Bandley Drive North of Lazaneo Drive."
10. Resolution No. 4841: "A Reaolution of the City Ccuucil of the City
of ~upertino Amending the Conditions of Employment with the City
Manager by the Granting 0> a Monthly Car Allowance."
11. Resoluticn No. 4845: itA Resolution of the City Council of the City
of Cupertino Approving Contract Change Order No. 2 for HCD Water
Line, Project 78-11."
13. Application HC-5l,OI5.2l - Edwin J. l!yers (Pauline Woodruff) requesting
approval of site and 1andscapi,\g for relllOdel of the Stevens Creek
Boulevard frontage of Cupertino Crossroads Shopping Center. Recom-
mended for approval.
14. Application HC-5I,002.21 - James J. Garber requesting approval of
site, architecture and landscaping for a triplex at the northeast
corner of Foothill Boulevard and Alpine Dcive. Rec~mmended for
approval.
16. Minutes of the adjourned regular City Council meeting of November
6, 1978. (CC-439-A)
17. Minutes of the regular City Council lIIeet~g of November 6, 1978.
(CC-440)
Vote Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
Meyers, O'Keefe, Rogers, Sparks, Jackson
None
None
None
ORAL COMMUNICATIONS
18. None
PUBLIC HEARINGS
19. Third public h",aring to consider expenditure of HCD funds for 1979-1982.
This item was combined with Item 29.
·
·
·
"'~,,,~ -'
......-;.
.'"
1
1
,
.' ~···,~~··,~,~~~~~·!>:~t~:r:~:{.>:?r~~>:~t:;~~~~~~'~~"~:~,
MINUTES OF THE NOVEKBER 20, 1978, C1'1'T OOUNClL !ŒET1NG
NEW BUSINESS
29. Urban County HC~ Proaraa
(a> Conøideration of Proposed Joint Po~ Agreement for 5th Year
Urban County BCD Program.
(b) Consideration of recommendation by County Exer.utive concerning
Urban County HCD Program.
PreGentations - Ann Anger; Christine Cooper, Midpeninsula Citizens for
Fair Housing; Glen Davis, Student Body President, De Anza College; Robert
Kretchman, representina Disabled Students Union, De Anza College; Sue
Kretchman, De Anza College.
It was moved by Counc. Sparks, seconded by Counc. Rogers and pas.ed unan-
imously to clcsç ~he public hearing.
It was moved by Counc. Meyers, seconded by Counc. Sparks and passed unan-
imously to approve the staff recommendation re Item 19.
It was moved by Counc. Meyers, seconded by Counc. Rogers a~û passed unan-
imously to approve the staff recommendation re Item 29.
Staff was directed to place on a future agenda at the same time as the
Open Space Element is heard the questioll of land use for future school
sites dO as to determine alternatives.
PUBLIC HEARINGS (continued)
20. Annexation of area designated "Permanente 78-8".
It was moved by Counc. Ueyers, seconded by Counc. Sparks and passed unan-
imously to close the public hearing.
It was moved by Counc. Meyers, seconde~ by Counc. Rogers and passed unan-
imously to approve the annexation.
21. City of Cupertino: Public HeaTing to consider an ordinance regulat-
ing conversion of multiple far.ily rental projects (including duplexes
into single-owner hous:~~ ~~ite; and ENVIRONMENTAL REVIEW: The En-
vironmental Review Committee recommends the granting of a Negative
Declaration. Recommended for approval.
(a) First reading of Ordinance No. 906: "An Ordinance of the City
of Cupertino RegulatL~g Conversion of Multi-Family Rental
Housing to Community Housing Inlcudiog Condominiums. Community
Apartments, Stock Coúperatives and Pla!med Develop:..ents."
It was moved by Counc. Sparks, seconded by COUDC. Rogers anri pass¿d unan-
imously to continue the matter to the meeting of December 4, 19ïB."
PLANNING APPLICATIONS
22. None
CC-441
l'aae J
Public hearing
elosed
Staff recom-
mendations
ap;>roved
To be placed
on future
agenda
Public hearing
closed
Annexation
approve':
Continued
CC.-44l
P 4
Projects
accepted
.
Continued
HC-5l,471.l
approved
Possible vol-
untary rb1t
relief pro-
gram
.
.
&
~--'."""~"--","'J
"'.~{~
....""'~,~~,,
·...of"
MINUTES OF THE NOVEMBER lO, 1978, CITY COUNCIL IÐŒTIl!G
AIlC!lITECTURAL AND SITE APPROVAL COKIIlTTEE APPLICATIONS
23. None
ITEMS REMOVED FROM CONSENT CALENDAIl
8. Acceptance of City project performed under contract: Traffic Signal
Controllers and Cabinets, Pro1ect 78-8, Multisonic8, Inc.
9. Acceptance of City projects performed under contract - Corporation
Yard:
(a) Contract No. 9 - St~cco - A. L. Thi~l
(b) Contract No. 11 - Drywall, Jack ¡~rton Drj~all
(c) Contract No. 13 - Insulation - Shaw Interior Specialties
It was moved by Counc. Sparks, seconded by Counc. Rogers and passed
unanimously to approve Items 8 and 9.
12. Resolution No. 3873.38: "A Resolution of the City Council of the
City of Cupertino Approving Contract Change Order No. 11 for Vallco
Park Assessment District 1974-2."
It was moved by Counc. Meyers, seconded by Counc. Rogers and passeJ unan-
imously to continue the matter to the meeting of December 4, 1978.
15. Application HC-5I,471.1 - Springwood Apartments requesting approval
of site and landscaping for that portion 0: the entry which is loch~ed
within Cupertino's City limits for a multi-tenant development in the
Citf of Lcs Altos. The property is aenerally located at the south-
east quadrant of Homestead Road and Foothill Expresaway. Recommended
¡or approval.
Presentation - Mr. Ihlncan Madison, applicant.
It was moved by Counc. Sparks, seconded by Counc. Rogers and passed
unanimously to approve Application HC-51,471.1.
UNFINISHED BUSINESS
2",. Letter from the Council on Aging of Santa Clara County, Inc. urging
adoption of a rent relief ordinance.
It was consensus of the Counc~l that the staff investigate the possibility
of developing a voluntary rent relief program among apartment owners.
The Mayor volunteered to work with Mr. Avery of the Glenbrook Apartments
on what may be able to be developed.
., ,.~----,.,..
.
.
.
~-,"''''~~,<.
~r-.~1",,,,~~~,,,,,,--, t,.rntt'..,",:~ :r."'-'::~~~A-"";~,~"';fi:·""""n",-;:
,"~' ,_';"; ~."";-":" ;,.~:,' '~t'~·""7.r\"':~;,,'-;'~' r,,~,..~. " ,,~.;, ,__,~:"-:"
MINIJ"TES O. THE NOVDIBER 20, 1978, CITY COUNCIL MEETING
26. Request frOll J8IIIeS F. Bahler that Regnart Cre£k be fenced frOD Pacif
Drive to Rodrigues Avenu£.
It wall moved by Counc. Mayers, seconded by Cnunc. Sparka and paaaed unan-
illlOusly to adopt the staff rec01llllendation and grant the five ft. ease-
ment along RegnP.rt Creet tc allow the six ft. fence to be conetructed by
the Water District.
27. Request frOlll Barry ~. Bergstrom for Council review of method of pro-
rating business license fees.
',~ "
CC-441
Pale 5
ca
Baa..ent
arauted for
fence
It was moved by Counc. Sparks, seconded by Counc. Rogers and passed unan- Request deried
imously to deny tbe request for Froration of business license fees.
28. PrDposed bus shelter at Stelling Road and Stevens Creek Boulevard.
It was moved by Counc. Rogers, seconded by Counc. Meyers and passed unan-
imously to remove the matter from the agenda due to the possibility of
an amicable solutio~ between the affected property owners.
NEW BUSINESS
30. Report on bid opening for S~evens Canyon Storm Drain. Project 79-9.
and award of contract.
It was moved by Counc. Meyers, seconded by Counc. Rogers and pa»sed unan-
imously to award the contract to Pisano Corp. for $24.425, prov~~e for
a contingency of $2.445 and co appropriate $26,870 from the Storm Drain
Fund.
31. Report on bid opening for No. De Anza Blvd. Landscaping, Project
79-8, anù award of contract.
Removed from
agenda
Contract to
Pisano Co' p .
It was moved ~y 'ounc. Rogers, seconded by Counc. Meyers and passed unan- Continued
imously to continue the matter to the meeting of December 4. 1978.
32. Recommendations for appointment of three lIIemburs from the unincor-
porated area within Zone 2 to serve on the Central Fire District
Board.
It was moved by Counc. Rogers, seconded by Counc. Sparks and pasaed unan-
imously that the names of Mr. Vince Garrod. Mr. Bruce Franks and Ms.
Linda Gregory be recommended to the Board of Supervisors for considera-
tion of appointment to the Central Fire District Board.
33. Response from ASAC to City Council's request for advisory input re-
garding a Garage Sale/Real Estate Open House, Directory donated by
Civic Investments.
It was moved by Counc. Meyers, seconded by Counc~ Sparks and passed unan-
imously to reject tbe request.
RecoDDllendation
made
Request re-
j ec ted
CC;-441
P.6
Processing of
pet it ions
authorized,
required
hear ings
Continued
Referred to
City At ty.
c.oued
Res. No. 4846
adopted
SAd reading
o}lllll"rd. No.
903
~'.;-,..-
'.)'l ~"'.':~~'~\'~~~:~~.,~~~1-~~,ø.S'~, '~'r~.~~,~.:w~>1,~J'~;',,f~,!?~o¡{~~,:"*~,~~'T~~·~':},., ,.
MINUTES OF TIŒ NOVEMBER 20, 1978, :;In COUNCIL MEETING
34. Submission of pet1tions requesting aunexstion to the City of Cuper-
tino from recidentø of a certain sr.. in Konta V!ata.
It wss moved by Counc. Roaers, seconded by Counc. Sparke and p...eeI
unanimously to authorize the staff to proeeed with the proces.ing of
the petitions and for the staff to conduct the required hearinp but
with notice of same being given to member. of ~he City Council.
35. Request frOlll Santa Clara County that Cupertino alll8nd ita Animal
Control Ordinance to recognize recent Co'mty 8IIIendlllent9.
It was moved by Counc. Sparks, seconded by Co~~. Rogers and passed
unanimously to continue the matter to a later dat~ to permit the drafting
of an appropriate ordinance.
36. Proposed draft for a Building Security Ordinance referred by the
Public Safety Commission.
It was moved by COline. Sparks, seconded by Counc. Rogers and passed
unanimously to refer the proposed ordinance to the City Attorney for
review and for placement on the ag"uda for the meeting of December 18, 1978.
37. Propos"d ùraft for a Smoke Detector Ordiuanee referred by the Public
Safety Commissi~n.
It was moved by Counc. O'Keefe, seconded by Counc. Rogers and passed
unanimously to continue this matter to a later date.
38. Extension of Joint Powers Agreement for Northern Santa Clara
County Municipal Solid Waste Management Program.
(a) Resolution No. 4846: "A Resolution of the City Council of the
City of Cupertino Authorizing Execution of Extension of Joint
Powers Agreement for Northern Santa Clara County Municipal
Solid Waste Management Progralll."
It was moved by Counc. O'Keefe, seconded by Counc. Meyers and passed
unanimously to adopt Resolution No. 4846.
WRITTEN COMMUNICATIONS
39 . None
ORDINANCES
40. Second reading of Ordinance No. 903: "An Ordinance of the City of
Cupertino Amending Chapter 11.24 (Stopping. Standing and Parking)
of the Cupertino Municipal Code and Establishing a Temporary Parking
Zone Permit Procedure."
It was moved by Counc. Meyers, seconded by Counc. Sparks and passed unan-
imously to read Ordinance No. 903 by title only and the H<1yor's reading
to constitute the second reading.
..:"",,,,,,,.,.,4,,.,.~,,,,~,. ,.~.""~"""~~N
.
.
.
MINUTES OF THE NOVEMBER 20, 1978, CITY COUNCIL MEETING
It was moved by Counc. Meyers, seconded by Counc. O'lCeefe and passed un
imoualy to enact Ordinance No. 903.
41. Second reading of Ordinance No. 904: "AD Ordin.snce of the City of
Cupertino Amending Title 11 (Vehicles and Traffic) of the Cupertino
Municipal Code, and Adding e N&'W Chapter 11.36 Thereto, Dealinl'
with Closure of Curbs and Medians to Vehicular Traffic."
It waa moiled by Counc. Meyers, seconded by Counc. O'Keefe and pasaeó un
imously to read Ordinance No. 904 by title only and the Mayor's reading
to ~onAtitute the second reading.
It was moved by Counc. Meyers, seconded by Counc. O'Keefe and passed UDan
imously to enact Ordinance No. 904.
42.
First reading of Ordinance No. 907:
Cupertino Ame~ding Chapter 2.12.010
the Cupertino Municipal Code."
"An Ordinaoce of the City of
(Publication of Ordinances) of
It was moved by Counc. Meyers, seconded by Counc. O'Keefe 83d passed unan
imously to read Ordinance No. 907 by title only and the Mayor'a reading
to constitute the first reading.
43. First reading of Ordinance No. 908: "An Ordinance of the City of
Cupertino Amending Section 11.24.150 of the Cupertino Municipal Code,
Relating to Stopping, Standing or Parking on P~blic Streets and Pro-
viding 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 Kayor's reading
to constitute the first reading.
RESOLUTIONS
44. No. 4825: "A Resolution of the City Council of the City of Cuper..
tino of Intention to Approve an Amendment to Contract between the
Board of Administration of the Public Employees' Retirement System
and the City Council of the City of Cupertino."
It was moved by Counc. Sparks, seconded by Counc. Meyers and passed unao-
imously to adopt Resolution No. 4825.
(a) Authorization to disburse monies being accrued in employees tru
fund.
It was moved by Counc. Sparks, seconded by Counc. Meyers and passed unan-
imously to authorize the disbursement of monies being accrued in employee
trust fund.
~TAFF REPORTS
45. Oral reports by staff members and submission of written reports.
1
CC-44 1
Peae 7
Ord. No. 903
eucted
Second reading
of Ord. No.
904
Ord. No. 904
enacted
First reading
of Ord. No.
907
First reading
of Ord. No.
908
Res. No. 4825
ado¡>ted
Monies to be
disburse':
I
CÇ-441
.8
Council
meetings to
cormnence at
6:30 on trial
basis.
Historical
preservation
ordinance a
Display of
Baer tools
Cable TV
.er City
Program ap-
propr ia t ion
Travel agency
for City
business
Bus iness lic-
ense fee
waived
Proposals
for audits
.
. ',- ~,
'",
.,~ .~~,
. ,,~,>~,... ~·'rr~B'~:: ....';¡""'~.;;-"'7"~~~~,~,~~~-:,:.~;,~',/f4~~!>~~>~:~
MINUTES OF THE NOVEMBER 20, 1978, CITY cOUNCIL MEETING
45. (a) Reque&t for reconsideration of lIIeeting times for the City Council.
It was the consensus of the Council to implement on . trial bads the
commencing of City Council meetings at 6:30 p.lII. for the express purpose
of giving and receivina reports frOll staff snd Council members followed
by the regularly scheduled meeting at 7:30 p.m.
NON-AGENDA BUSINESS
46. Recognition by Kayor of special requests.
(a) General Audience - None
(b) City Council
The staff was directed to review and aubmit a report on the feadibility
of developing an historical preservation ordinance.
The Parks and Recreation Commission wa& directed to give consideration
toward the implementation of the dis~lay of the Baer blackslllith tools.
The staff was directed to reactivate the Cable TV Users Collllllittee for the
purpose of receiving and reviewing an expected report relative to cable
TV in Cupertino.
tt W3S moved by Counc. Meyers, seconued by Counc. Rogers and passed unan-
imously with Councilmembers Jackson and O'Keefe abstaining to appropriate
$1,000 from the General Fund for the Sister City Pro~ralll.
The staff was advised to use its judgement as to which travel agency to
use for City business. This followed the submissicn of a report on the
results of a survey of local aaencies as to the cost and types of services
that could be provided.
It was moved by Counc. Meyers, seconded by Counc. Rogers and passed with
Counc. O'Keefe abstaining to waive the usual business license fee for the
ì~CA Christmas tree let.
It was the consensus of the Council that the City accept a proposal from
its current auditors, Peat, Marvick, Mitchell and Co. should that company
wish to submit one for the 1978-79 audit. The City then will openly
solicit proposals from all interested firms for the 1979-80 audit.
ADJOURNMENT
The Mayor adjourned the meeting at 11:45 p.m. to 6:30 p.m., December
4, 1978.