CC 11-06-78
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CITY OF CUPERTINO, STATE OF CALIFORNIA
10300 Torre Avenue, Cuperrino, California 95014
Telephone: 252-4505
K1NIJTES OF THE alGUtAIt MEETING 0., THE CITY COtIBClL
HELD ON NOVEMBER 6, 1978, IN THE COUNCIL ClWIBER, CITY HALL
CUPERTINO, CALtFORNlA
SALUTE TO TIlE FLAG
Mayor Jackson called the lIIeeting to order at 7:30 p.lII. in the Council
Chamber of City Hall.
ROLL CALL
Counc. Present: Meyers, O'Keefe, Rogers, Sparks, Mayor Jackson
Staff Pre2ent: City Manager Quinlan
Director of Adllliniøtrative Services Ryder
Director of PlannL~g and Development r.isk
Director of Public W~rks Viskovich
City Atrorney Adalll8
Housing Rehabilitation Counselor Hastings
CONSENT CALENDAR
Item 11 was removed frolll the Consent Calendar.
It was moved by CJUnc. Sparks, ~econded by Counc. Rogers and passed unan-
imously to approve the balan~e of the Consent Calendar.
1. Resolution No. 4S21: "A Re~olution of the City Council of the City 0
Cupertino Allowing Cert~i~ Claims and Demands Payable in the Amounts
and from the Funds as Hereinafter Described for General and Miscel-
laneous Expenditures for the Seven Day Period Ending October 16, 1978.
2. Resolution No. 4822: "A Resolution of the City Council of the City
of Cupertino Allowing Certain Claims and Demands Payable in the
Amounta and troll the Funds as Hereinafter Described for General and
Miscellaneous Expenditures for the ~even Day Period Ending October
23, 1978."
3. R"soJ ution No. 4823: "A itesolution of the City Council of the City
o· Cupertino Allowing Certain Claims and Demands Payable in the
Amounts and f~olll the Funds as Hereinafter Described for Salaries and
Wages for the Pay::oll Period Ending Oc~ober 24, 1978."
4.
Resolution No. 48,'4: "A Resolution of the City Council of thE> City
of Cupertino AlIo"in¡. Certain Claims and Demands Payable in the
Amounts and from the Funds as Hereinafter Described for General and
Miscellaneous ~xpeoditures for the Seven Day Period Ending October
31, 1978."
5.
Resolution No. 4827: "A ReFolution of the City Council of the City
of Cupertino Approving Contract ChanKe Order No. I for Asphalt Over-
~ay Project 78-20."
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CC-440
Page 1
Item remov¿d
Consent Cal.
approved
CC-440
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MINUTES OF THE NOVEMBER 6, 1978, ctTY COtNCIL MEETING
6. Re.olution No. 4828: "A Resolution of the City Coruell of the City
r,f Cupertino Approvina Cootract Change Order 110. 2 {or Hc:CleUI,n
Road, West of liridae Project 78-7."
7. Resolution 110. 4829: "A !'esolution of the City Council of the
City of Cupertino Approving Contract Change Order No. 3 for Corpora-
tion Yard Project, DPW 78-Gl, EDA 07-51-21353, Contract No. 14 General."
8. Roi!solution No. 4830: "A Resolution of the City Council of the City
of Cupertino Approving Contract Change Order No. 2 for Corporation
Yard Project, DPW 78-Gl, EDA 07-51-21353, Contract No.4, PIUlllblng."
9. Resolution No. 4831: "A Resolution of the City Council of the City
of Cupertino Approving Contract Change Order No. 1 for HCD Water
Line, Project 78-11."
10. Resolution No. 4832: "A Resolution of the City COu:1cil of the City
of Cupertino Authori~ing Execution of Local Agency-State Agreement,
Pro grail Supplement No. 1 Rev. 1, for the Improvement of McClellan
Road, West of Bridge."
11. Remo ,,,d from Consent Calendar.
12.
Resolution No. 4834: "A Resolution of the City Council of the City
of Cup~rtino Accepting a Grant of Easement for Sturm Drain Purposes
from the Cupertjno Union School District Located Along the Easterly
Bou'1dary of Stevens Creek School."
13. Resolution No. 4835: "A Resolution of the CitJ' Council of the City
of Cupertino Accepting a Grant of Easement for Sanitary Sewer, Water
Line, and Storm Drain Purposes from Dividend Developlllent Corporation
Located vi thin Tract No. 6015, Lot 23, Northwest Corner of Ann Arbor
Avenue and Lauretta Drive. II
14. Resolution No. 4836: "A Resolution of the City Council of the City
of Cupertino Accepting an Individual Grant Deed for Public Utility
Purposes from A & R Leasing, a Partnershi~, Located at the Northwest
Corner ot Stevens Creek Blvd. and Blaney Avenue."
15. Resolution No. 4837: "A Resolution of the City Council of the City
of Cupertino Authorizing Execution of Reimbursement Agreement for
Undergrounding Utilities Between the City and U. Hosono and C. Hosono,
Northeast Corner of Bandley Drive and Alves Drive."
16. Request for appropriation - North De Anza Assessment District, Project
76-14.
17.
Acceptance of municipal i~provements - May Investment Company Project,
North Walnut Circle.
18. Acceptance cf resignation of Horace E. Dunbar, Jr. from Public Safety
COlllIlis~ion.
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MINUT~S OF THE NOVEMBER 6, 1978, CITY COUNCIL KEETIIIG
19. Application HC-5I,027.3 - Cupertino Dental L.boratory, Inc. requestin
approval of a sign progr_ including an exception to Sectioø 6.03.3
of Ordinsnce No. 746 to perait "~·,,,......~'t'M,,- of a freestandina siall
on a lot with less than 2.:10 ft. of frontage 011 a public roadway.
Said property ia located OD the north aide of Pacifica Drive, between
Torre Avenue and De Anza Boulevard. Rec......nded for approval.
20. Minutes of regular lIIeetiag of October 16, 1978. (CC-438)
21. Minutes of special meeting of October 3~, 1978. (CC-439)
Vote
Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
Meyers, O'Keefe, Roaers, Sparks, Jackson
None
None
None
ORAL COMMUNICATIONS
22. The Mayor introduced Mr. Tom Sakamoto who is new to the community and
the new manager of Sumitomo Bank.
Jo Aon Gholson addressed the Council conveying her thoughts on activities
within the Regnart Cany~n.
PUBLIC HEARINGS
23. To consider vacation of a portion of roadway at Northwest corner of
Stevens Creek Boulevard and Foothill Boulevard.
(a) Resolution No. 4826: "A Resolution of the City Council of the
City of Cupertino Ordering Vacati~n of a Portion of r~adway at
the Northwest Corner of Stevens Creek Boulevard and Foothill
Boulevard as Provided in Section 8320 et seq. of the Streets and
Highways Code of the 3tate of California."
It was moved by Counc. Meyers, seconded by Counc. Sp~rks and passed unan-
imously to close the public hearing.
I t was moved by Counc. Meyers. seconded by Counc. Sparks and passed unan-
imously to adopt Resolution No. 4826.
24. Second public hearing to consider expenditure of RCD funds for 1979-1 2.
Presentations - Ann Anger, Manta Vi~ta; Ed Mirch, Columbus Avenue; Wes
Williams, Monta Vista; Susan Kretchmer.
Ie was moved by Counc. Rogers, seconded by Counc. Sparks and passed unan-
imous1} to close the public hearing.
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CC-440
Page 3
New bank mp;r.
introduced
Regnart Canyon
PuMic hearing
closed
Adopt Res.
No. 4826
Public hearing
closed
CC-440
P.4
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Continued for
30 days
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MINUTES OF THE NOVEHBER 6, 1978, CITY CCUN¡;IL MEETING
25. Application 18-Z-78 of B.A.S. Homes, Inc.: Puzonina approxiutaJ.y
15.4! acr~ fr~ Santa Clara County Rl-IO (Sinale-Famlly Rea1dantial)
to various Cit1 of Cupertino zoning districts includina approxiaats1y
3.7± acr"s to City of Cupertino Rl-7.5 (Residential, Sinr.le-PaaUy,
7,500 sq. ft. aint.ua lot size); approximately 3.6 acres to City of
Cuperti1~o Rl-IO (R"identia~.1 Single-FSlllily, 10,000 aq. ft. .in~
lot size); approziBateJy 2.~ acres to City of Cupertino Rl-20
(Residential, Single-Family, 20,000 sq. ft. lllintlum lot size); approx-
imately 6.1 acres to City of Cupertiuo BQ (Quasi-Public) zonina
distric¡;: anc! EIIVlllClOIEIITAL REVIEW: The P1annina Cummiuion recOlll-
lIIends the aranting of a Negative Declaration. Said property is
located or. the westerly side of Foothill Boulevard approximately
150 ft. southerly of Poppy Drive immediately opposite the intersec-
tion of Salem Drive. Recommended for approval. (This spplication
to be heard in cðnjunction with Application 23-TM-78.)
(a) First reading of Ordinance No. 905: "An Ordinance of the City
of Cupertino Amending Section 1 of Ordinance No. 2 by Prezonir.g
Approximately 15.4± Acres from Santa Clara County RI-IO to
Various City of Cupertino Zoning Diatricts Including Approximately
3.9! Acres to City of Cupcrtino RI-7.5, Approximately 3.8 Acres
to City of Cupertino Rl-IO, Approximately l.rt Acres to City
of Cupertino Rl-20 ,nd Approximately 6.1 Acrea to City of Cuper-
tino BQ; Located ou the Westerly Side of Foothill Boul~Jard
ApFroximately 150 Ft. Southerly of Poppy Drive Immediately Op-
posite the Intersection of Saletli Drive."
PLANNING APPLICATIONS
27. Application 23-TK-78 of !I.A.S. Homes, Inc.: Tentative Map to sub-
divide said property into 27 single-family lots ranging in size
from 7,500 sq. ft. to 26,000 sq. ft. and two lots consiatina of a
total of appr~ximately 6.4 net acres and ENVIRONMENTAL REVIEW:
The Planning COIIIIIIission recommends the granting of a Negative
Declaration. Said property i. located on the westerly side of
Foothill Boulevard approximately 150 ft. soutlerly of Poppy Drive
immediately opposite the intersection of Salelll Drive. Recommended
for approval. (This application to be heard in conjunction with
Application 18-Z-78.)
Presentation - Maryalis McGuinness, Board of Directors, Westridge Country
Club Homes; Steve Stern, representative of B.A.S. Homes.
It was moved by Counc. Sparks. seconded by Counc. O'Keefe and passed
unanimously to continue the public hearing for thirty days with the staff
to obtain further information regarding fire service to the area.
PUBLIC HEARINGS (continued)
26. Blaney Avenue Traffic Signs.
Presentations - Lloyd K. Gorges, Blaney Av~nue; Al Chappell, Blaney Avenue;
Jeao Gallup, Plum Tree Lane; Pat Ryan, Plum Tree Lane; Sybil Lutzker,
Prunetree; Mcrv Conens, Pineville Avenue; Dave Eberhardt, Las ODdas Way;
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MINUTES OF THE NOVEMBER 6, 1978, CITY COUNCIL MEETING
Mary Ann Casella, Figtree Court; J_ Co'!:, Blaney Avenue; Phil Scl1auck,
Blaney Avenue; Harv Lutzlter, Prunetree; Scott Connolly, Blaney Avenue;
Wes Willi...., Kanta Vista; Bob Barrett, Pacifica and Blaney.
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CC-~40
Page 5
It was lIIOVed by Counc. Sparks, seconded by Counc. Rogera and passed unan- Public hellrina
imously to close the public hearing. closed
It was moved hy Counc. O'Keefe, seconded by Counc. Rogers and passed
with Councillllembers Meyers and Spurks dissenting to retain all atop signs
presently installed and to retain the present adult crossing auard at
Forest and Portal to the end of the current school year.
It was DOved by Counc. P~gers, seconded by Counc. O'Keefe and pasaed with
Councilmembers Meyers and Sparks dissentit'g t:'at t:.e City initiate the
formation of a committee consisting of representatives from the Portal
PTA, Portal School and City staff to explore alternatives for the present
crossing guard so 8S to provide safety at a lesser cost.
PLANNING APPLICATIONS (con'inued)
28. Application ll-U-78 Revised of Michael Del Mona~o: RequEat modifica-
tion of a previo\~ly approved Use Permit to increa&e the allowable
building area by approximately ~OO sq. ft.; and ENVIRONMENTAL REVIEW:
The project was previously assessed hence no action is required. thE
subject property is located on the sou~hwest <orner of the intersec-
tion of North De Anza Boulevard auù Hi~hwa:v 280 in a P (Planned De-
velopment with commercial, industrial, residential use intent) zone.
Recommended for approval.
It was moved by Counc. Sparks, seconded by Counc. ~ogers and passed unan-
imo'Jsly to approve Application ll-U-78 Revised.
ARCHITECTURAL AND SITE APPROVAL CœtMltTEE APPLICATIONS
29. None
ITEMS REltJVED FROM CONSENT CALENDAR
11. Resolution No. 4833: "A Resolution of the City Council of the City
of Cupertino Describing Process to be used in Santa Clara County to
Implement the Fed"ral Aid Urban Program."
It was moved by Counc. Sparks, seconded by Counc. Rogers and passed un.~n-
in.ously to adopt Resolution No. 4833.
~FINISHED BUSINESS
31. Disposition of HCD funds to Sunnyview Lutheran Home.
It was moved by Counc. Sparks, seconded by Counc. Rogers and passeå :man-
jmously to adopt the staff recommendation.
NEW BUSINESS
32. Consolidation of HCD budgets and redistributtùn of funds,
Retain stop
sians on
Blaney, retain
crossing
auards.
Alternatives
to cross ing
guards to be
studied
ll-U-78 Rev.
approved
Res. No. 4833
adopted
Staff recom-
mendation
adopted
.
CC-440
pa6
A. staff
recommenda-
tion
Mot ion on
Kasier report
.
Contract to
Pisano Corp.
Contract to
McGuire &
Hester
Crocker Bank
to retain
City account
.
Continued
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MlN'JTES OF THE IIOVI!IBER 6, 19711, CITY COUNCIL MEETING
Tt was moved by Counc. Rogers, seconded by Counc. O'Keefe and passed
·.manilllously to adopt the staff reco_ndation.
33. ~iscussiOD of the Special Kaiser CoIIIDittee's rec01lllendation.
Presentstions - Steve Sparks, Ann Anger, Nick S.abo (committee lIIembers);
Thomas O'Donnell, Attorney for Kaiser; George Plafker, Creston Drive;
H. Dehne; Wes Williams, Monta Vista.
It was moved by Counc. Jackson, seconded by Counc. O'Keefe and passed with
Counc. Meyers abstaining: ''We send to the Board of Supervisors staff
comments that are found in this report and further that the City Council
exvre~ses a serious concern to the Board with regard to the health and
safety problems associated with the Kaiser truck traffic; and, further we
urge the Board to seriously study the committee' 3 t'ecommenda tions as
possible solutions and to implement these solutions unless they are found
clearly to be not viable. II
It was moved by Counc. Sparks that County do re~earch of noise - legality
or illegality thereof, and also inspect vehicl~a; Board of Supervisors
should have Kaiser help improve roads and help in vehicle noise inspection;
restrict content of trucks from 10 p.m. to 7 a.m. The motion was withdrawn
for lack of a second.
34. Report on bid opening for Varian Park Storm Drain, Project 79-6,
and award of contract.
It was moved by Counc. Meyers, st,conded by Counc. Rogers and passed unan-
imously to award the contract to Pisano Corp. for its bid of $20,493.75
and to appropriate $22,500 from the S~~Lm Drain Fund.
35. Report on bid opening for ",¿ Anza-HoIIIeatead Storm Drain Improvements.
Project 79-5, and award of contract.
tt was moved by Counc. Rogers, seconded by Counc. O'J:eefe and paaaed
unanimously to award the contract to McGuire & Bester for ita bid of $31,555
end to appropriate $34,555 from the Storm Drain Fund.
36. Designation of an official to prepare ordinance summaries for publication.
It was moved by Counc. Meyers, seconded by Counc. Rogers ar~ passed unan-
imously to designate the City Clerk as the official to prepare ordinance
summaries for publication.
37. Depo3itory for City's commercial account.
It was moved by Counc. Rogers, seconded by Counc. O'Keefe and passed unan-
imously that the City's commercial account be re~ained with Crocker
National Bank on the baðis of its submitted proposal.
w~ITTEN COMMUNtCATIONS
38. Letter frolll the Council on Aging of SaLta Clara County, Inc. urging
adoption of a rent relief ordinance.
It was moved by Counc. O'J[eefe, seconded by Co1lllc. Sparb and p....d UD4D-
imously to continue to the next meeting.
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MINUTES OF THE NOVEHIIER 6, 1978, CITY COUNCIL MEETING
Presentation - Ann Anaer repre.~nting Tri County Apartment Owners Associ-
ation.
39. Request frOll Jaea P. Bahler that ReaDart Creek be fenced frolll
Pacifica Drive to Rodriauee Avenue.
It was the consensus of the Council that. this matter bp. continued to rhe
next meeting.
40. Request frOll Barry W. Bergstrom for Council review of lIIethod of
prorating business license fees.
CC-44/)
Page 7
Continued
It was moved by Counc. Rogers, seconded by Counc. Sparks and passed unan- Continued
imous1y to continue this matter to the next lIIeeting for a staff report.
ORDINANCES
41. First 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 Telllporary Parking
Zone Permit Procedure."
It was moved by Counc. Meyers. seconded by Counc. O'Keefe and passed unan
imous1y to read Ordinance No. 903 by title only and the Mayor's reading
to constitute the first reading.
42. First reading of Ordinance No. 904: "An Ordinance of the City of
Cupertino Amending Title 11 (Vehicles and Traffic) of the Cupertino
Municipal Code, and Adding a New Chapter 11.36 Thereto, Dealing with
Closure of Curbs and Mediana to Vehicular Traffic."
It was moved by Counc. Meyers, seconded by Counc. O'Keefe and passed unan
imous1y to read Ordinance No. 904 by title only and the Mayor's reading
to constitute the first reading.
RESOLUTIONS
43. None
STAFF REPORTS
44. Oral reports by staff lIIembers and submission of written reports.
NON-AGENDA BUSINESS
45. Recognition by Y~yor of special requests.
(a) General Audience - None
(b) City Council
It was moved by Counc. O'Keefe, seconded by Counc. Meyers and passed unan
imously to adopt Resolution No. 4839, "A Resolution of the City Council
of the City of Cupertino Expressing Appreciation to Sig Sanchez for Out-
standing Public Service on the Santa Clara County Board of Supervisors."
First reading
of Ord. No.
903
First reading
of Ord. No.
904
Res. No. 4839
adopted
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CC.~40
pea
MINUTES OF THE NOVEMBER 6, 1978, CITY COtJRCIL MEETING
Kayor Jackson adjourned the Moting at 12:42 a...
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City Clerk d-<--
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