CC 10-16-78
.
.
\
.
.
,.
.
CITY OF CUPERTlIIO, STA!£ OF CALIFORNIA
10300 'rorre Avenue, Cupertino, California 95014
Telephone: 252-4505
KINUTES OF 'lBB RmULAa HlrrtlGJ)~ 'fill CITY COUHCIL
HELD ON OC'lOBEIt 16, 1978, III till COURCIL arAMBEIt, CI~ HALL
CUPnTIIIO, CALUOIIBIA
SALUTE TO ',tiE FLAG
Kayor Jackson called the lIIeeUng to orde= at 7:30 p.lII. in t'.e Council
Chamber of City ~dl!.
ROl.l. CALL
Couoc. Present: Meyers, O'Keefe, Rogers, Sparks, Mayor Jackson
Staff Prr.ent: City Manager Quinlan
Director of Administrative Servi~es Ryder
Directt'r of Public Works Viskovich
Director of Planning and Development Sisk
Director of Parks and Recreation Butler
City Attorney Adams
Deputy City Attorney Aiken
Assistant Planner Kramer
Housing Rehabilitation Counselor Hastings
CONSENT CALENVAF.
It was lIIoved by Counc. Meyers, seconded by Counc. Rogers and passed unan-
imously to a~~cove all items on the ConHent Calendar but with the addition-
al understanding that the approval of Item No. 5 is subject to receipt of
a letter of credit from Vall co Park.
1. Resolution No. 4814: "A Resolution of the City Council of the City of
Cupertino Allowing Certain Claims and Demands Payable in the A~t8
and from the Funds as Hereinafter Described for General and Miscel-
laneous Expenditures for the Ten Day Period Ending October 9, 1978."
2. Resolution No. 4815: "A Re..olution of the City Council of the City
of Cuperti~o Allowing Certain Claims and Demands Payable in the Amount
and from the Funds as Hereinafter Described for Salaries and Wages for
the Payroll Period E,'ding October 10, 1978."
3. Resolution No. 4304.32: "A Resolution of the City Council of the
City of Cupertino Approving Contract Change Order No. 9 for North De
Anza Bouleval d Assessment District Project 76-14."
4. Resolutlon No. 3873.37: "A Resolution of the Ci~y Council of the City
of Cupertino Approving Contract Lbange Order No. 10 for Vallco Park
Assessment District 1974-2."
5.
~esolution No. 4816: "A Resolution of the City Council of the City
of Cur~rtino Authorizing Execution of Release of Vallco Park from
Requiremc~t~ -:of Deferred A~t'eement.1I
CC-438
pqe 1
Consent Cal.
approved
_.
,
CC-438
pe2
.
Negative Dec.
granted
24-TM-78
a.ved
- "-·:C'._""'~· ~ ··~:"":··~.Iõ<!'~'~'-:"~~,:~r~,~~:'\~~..")"':~~:~~~~:(,..--~~~~~:"'~~;.-~~r>"·"-"·~··-',,,,··,·
MINUTES OF THE OC'WBER 16, 1978, CITY COONClL MEETING
5. (a) Reao1ution Mo. 4820: "\ Reaolution of the City CouncU,.of
the City of Cupertillo Autbor111a8 luçutiou of ReI.... of Valleo
Park froa lequir_ta of Aare_t," .
6. Reeolution ¡'o. 4817: "A Resolution of the City Council of the City
of CupertiDO Approv1!la Parcel Hap and IIIproveaent Plana of Property
Located on Biotney Avenue South of Routa 280; Developer D , Il Aaaociatea;
Authorizing Execution of IIIprov-.nt Aare_at; Authorizina Sip1Dg
of Parcel Map and Improveaent Plaue."
7. Resolution No. 4818: "A Resolution of the City ~unci1 of the City
of Cupertino Authorizing the Execution of a Grant Deed Granting
to the Santa Clara Valley Water District a Portion of Calaoazaa Creek
in the Vicinity of Tantau Avenue and Junipero Serra Freeway."
8. Acceptance of municipal improvements - Rancho Deep Cliff unit No.3,
Tract 6096.
9. Authorization for call for bids - Stevens Canyon Storm Drain.
10. Minutes of adjou~ed regular meeting of September 29, 1978. (CC-436)
11. Minutes of regular meeting of October 2, 1978. (CC-437)
Vote
Members of the City Council
AYES:
NOES:
AP.SENT:
ABSTAIN:
Meyers, O'Keefe, Rogers, Sparks, Jackson
None
None
None
ORAL COMMUHICATIO!I~
12. None
PLANNING APPLIfATIONS
14. AppJication 24-TH-78 of James C. Scott: Tentative Map to divide
a 30,000 sq. ft. parcel (appr~xilllately .7 of an acre) into two par-
cels consisting of approximately 11,000 sq. ft. and 19,000 sq. ft.
each; and DIVIRONMENTAL REVIEW: The Planning Commission recommends
the granting of a Negative Declaration. Said property is located
on the east side of Scenic Boulevard approxilllatel¡ 200 ft. southerly
of t~e intersection with Carmen Road. Recommended for approval.
It was moved by Counc. Meyers, seconded by Counc. Rogers and passed unan-
imously to grant a Negatve Declaration.
It was moved by Counc. Meyers, seconded by Counc. Rogers and passed und.n-
imously to approve Application 24-TM-78 pursuant to Planning Commission
Resolution No. 1893.
·
·
·
~,......,.."..~ T·"",,~·"!'W-"I<1I!<,;~~mf.·<;,~. .... @!1. . If: ~.
" .. ,,", </",.... ''j'::5":",,,,,,'',¥'.'''":f..,.,'~.; ':~
MINUTES OF THE OCTOBER 16, 1978, CITY COtJRcn. MEETtNG
IS. Application 25-TM-78 of George S. Nolte and Aasociat.. (Maa.uru) I
Tentative Map ~,,; '.\ivide a single parcel coll8iøting of approillatel)' .
17.5 acres into three parce18; and ENVIIOIIIIHTAL IMIIl. 'lb. P1GaD1D
eo.u.øion rae_cia the ariUltina of ÌI ....UVII DaelaraUOlI, Said
property 18 '''~ated on the DDrthwest comer of Bubb !load and KcCle11a
Road in an HI. (Light Industrial) zoning d1øtrict. Rec_ded for
appr'val.
It was IIIOved by Counc. Sparks, seconded by Counc. Meyers and pauad unan-
imously to grant a Negative Declaration.
H was moved by Counc. O'Keefe, sec(>nded by Counc. Sparks and passed unan-
imously to approve Application 25-TK-78 pursuant to Planning Comœ1ssion
Resolution No. 1894, with Condition No. 16 being 3IIIended so that the
second sentence will read, "Said easements shall be approved by the City
Attorney and recorded", and Condition No. 17 to be subject to review and
approval by the City Attorney.
PUBLIC HEARINGS
13. First public hearing to consider expenditure of RCD funds for 1979-
1982.
Presentations - James W. SuJlivan, representing Legal Aid Services and
Housing Action.
It was moved by Counc. Rogers, seconded by Counc. Meyers and pass~d with
Coune. O'Keefe dissenting to adopt the citizens participation plan as
recommended.
F·····
, "....
.,'"',,,"
CC-438
Page 3
Nesative Dec.
granted
25-TK-78
approved as
amended
Citizens par-
ticipation
plan
It was moved by Counc. Sparks, s~ronded by Counc. O'Keefe and passed unan- Public hearing
imously to close the public hearing. closed
It was moved by Counc. O'Keefe, seconded by Counc. Meyers and passed unan- November 6
imously to schedule a new public hearing for November 6, 1978. nublic hearing
ARCHITECTURAL AND SITE APP~QVAL Co.ß1ITTEE APPLICATIONS
16. None
ITEMS REMOVED FROM CONSENT CALENDAR
17. None
UNFINISHED BUSINESS
18. Revision of awa-d of contracts for the Senior Citizen Center.
It was moved by Counc. Meyers, seconded by Counc. Sparks and passed unan-
imously to correct the record for the contracts awarded for the Senior
Citizens Center Project with Con~ract No.5 being for $49.726 and the
architect's fee being $38,000.
"_.' .~-,_.- '. . -
.~_--..... -Y....,;,.................._~.., .,_i.':'~",," ,:..........'~"'.Ir. < ","" .
Amouots
corrected
CC-43&
P.4
Negative Dec.
granted
Nov. 6 public
hearing date
Claim denied
Claim denied
.
Claim denied
Amendment
adopted
Contract to
Westt.'rn Trac-
tion
.
Proposal re-
ferred to staf
C."-':'\'~"'''':~.~!:''~''.,:,",~~:-:v:-..~'\:~~~~~,~~''''.¡~~?,,'~''~~:'J'~:"-";._ "'I.,' (,
MINUTES OF THE OCTOBER 16, 1978, CITY COUHCIL MEETING
19. AppUcati'd 17-U-78 of Robert Altevera UId c-pany (Houlihan'.
Restaurant) - Planning CoaDiuion rec~ ..... the arant1ng of . I.a-
ative Declaratioa.
It was !lOved by Counc. Sparks, seconded by Counc. Meyers and peseed with
Counc. O'Keefe dissenting to grant s Neaative Declaration for Application
17-U-78.
20. Setting date for public hearing on Blaney Avenue trsffic signs.
It was moved by Counc. Sparks, seconded by Counc. O'Keefe and passed
unanimously to schedule a public hearing for November 6, 1978 on the
Blaney Avenue traffic sigos.
21. Clailll a~ainst government entity for alleged injuries sustained
by Kevin Harkey.
It was lIIoved by Counc. Meyers, seconded by Counc. O'Keefe and passed unan-
imously to deny the claim as recommended by the City Attorney.
22. Claim for damaaes to 1974 Audi, filed by Dorotl~:;!, Cunningham.
It was lIIoved by Counc. Meyers, seconded by Coun~. O'Keefe and passed
unanimously to deny the claim as recommended by the City Attorney.
23. Claim for damages to automobile, filed by Paul De Martini.
It was moved by Counc. Meyers, seconded by Counc. O'Keefe and passed unan-
imously to deny the claim as recommended by the City Attorney.
24. Housing and Community Development - Amendments to Housing Rehabili-
tation Progr.....
It was moved by Counc. Meyers, seconded by Counc. Sparks and passed unan-
imously to adopt the amendment as recommended by the staff and for the
staff to investigate and implement if possible loans to be made for areas
other than the target area.
NEW BUSINESS
26. Report on bid opening for portable air compressor, DPW 79-2, and
award of purchase.
It was moved by Counc. Sparks, seconded by Counc. O'Keefe and passed
unanimously to award the contract to Western Traction for its l~; bid of
$9,3ì2 and to appropriate an additional $375 from the Vehicle Revolving
Fund.
28. Letter from Civic Investments regarding a bulletin board to assist
in sign ordinance implelllentation.
It was moved by Counc. Meyers, seconded by Counc. Rogers and passed unan-
imously to refer this proposal to the staff and the Architectural and Site
Approval Committee for review.
'"
·
.
·
·
--'J""
.':"",'?""",-,.3;
....... -·~t""J'I~1!""'~~ÿ".,7'~"
. ~
.,
" .~',
,,^'f","',
';","."
, ~.? ~'" ,!~'
MINUTES OF THE OCTOBEll 16, 1978, CITY COUNCIL MEETING
WRITTEN CCIIKUlIIlCATlotfS
29. Request frOll Portal PTA Executive Board to lUke the atop aign at
Blaney and Forest pe~neut.
The staff was directed to notify the Board of the November 6 public
hearing relating to Blaney Avenue stop signs.
ORDINANCES
30. Second reading of Ordinance No. 881: "An Ordinance of the City of
Cupertino Amending Ordinance No. 002 by Establishing Regulations for
Residen tial Hillside Development."
It was moved by Counc. Meyers, sec~nded by Counc. Sparks and passed
unanimously to read Ordi~ance No. 881 by title only and the MaY~T'S
reading to constitute the second reading.
It was moved by Counc. Meyers, seconded by Counc. Rogers and passed unan-
imously to enact Ordinance No. 881.
31. Second reading "f Ordinance No. 902: "An Ordinance ;Jf the City of
Cupertino Amending Section 1 of Ordinanee No.2 by Rezoning Approxi-
mately One Acre from CG to P Zone, Located on the North Side of
Stevens Creek Boulevard Approximately 100 Ft. Westerly of Vista
Drive."
It was mcved by Counc. Meyers, seconded by Counc. Rogers and passed unan-
imously to read Ordinance No. 902 by title only and the Kayor's reading
to constitute the second reading.
>"¡:;'):'
'i'
CC-438
Paae 5
Notification
of hearing
Second reading
of Ord. No.
881
Ord. No. 81n
enacted
Second reading
of Ord. No.
902
It was moved by Counc. Meyers, seconded by Counc. O'Keefe and passed unan Ord. No. 902
imous1y to enact Ordinance No. 902. enacted
RESOLUTIONS
32. No. 4819: "A Resolution of the City Council of the City oi Cuper-
tino Initiating Annexation Proceedings Pursuant to Section 35031
of the Government Code and Setting Time and Place for the Public
Hearing of 'Permanente 78-8'."
It was moved by Counc. Sparks, seconde~ hy Counc. O'Keefe and passed unan
imously to adopt Reso1utioh No. 4819.
STAFF REPORTS
33. Submission of annual Affirmative Action Report.
The report was accepted and filed.
_" o_~. _. _~,'~.._......
.J.._...__
Res. No. 4819
adopted
Report ac-
cepted
.
CC-4J8
P_ 6
No a ~tion
.
Appointlllents
to Fire Dis-
trict Board
Estoppel lette
to Vallco
Noise pollu-
tion problem
refelred to
Publ!. Safety
Recommenda-
tions of SPC"(,:-
Í1~aiser
C.ttee
Crosswalks
near Sunny
View Manor
Interviews for
Public Safety
Commission
No aetion
No discussion
.
"'~'¡'7.~'\'?';."-.". .,".'",.'" "", ....~"'.:"":i...,j!'';:"..~,._~...'7fìJ\'';'!~.~,.
.'",~;rr.""~ ~"'''''T.~'''''' .~"'~ f,r,',""
,. ....., ;'~;-, :>'~·"·"rf"ot'":.¡.~', . ,'J..'~'?'. Lì,~''''
>" ,.- ''-'" -- --, ',,' "<~, ' ,
KlNUTES OF 'lBB 0CI0IIER 16, 1978 cm COUNCIL MBBTIIIG
34. Report pertaining to J.etl:er frOll Cuperl:iDO Union School Diatrict
relayin8 concerns of tt,ffic ....., conditions (Lincoln School).
No action was taken by the Council .. the concerns expresaeð were within
the jurisdiction of the City of SAn Jope.
35. Oral reports by staff _bers and sublll1ss10n of written reports.
(a) The City Manager was requeated to determine a fLuel due date
for recommended appo1ntlllents to the Central Fire District Board and if
time was sufficient to sublllit possible names for consideration at the next
Council meeting.
(b) It was IIIOved by Counc. K..yers, seconded by Counc. Rogers and
passed with Counc. Jackson dissenting to author1.¡:e the CHy Manager to
sign and forward an estoppel letter as requested by Vallco Fashion Park.
(c) It was IIIOved by Counc. Sparks, seconded by Counc. O'Keefe and
passed unanilllOusly to refer to the Public Safety Commission the question
of developing possible legislative action to combat and control at the
local level noise pollution frolll vehicular traffic.
(d) Staff was requested to agendize for the neit Council meeting the
recommendations ~dopted by the Special Kaiser Committee with st&ff to
plepare an analysis of Reco\1mendation No.2 and to notify the Board of
Supervisors of this meeting with the request that the Board not take final
action until after the C~ÿ~rtino City Council meeting.
(e) The staff was requested to investigate and sublllit a report
a. the next lIIeeting on crosswalks on Foothill Boui~vard for the elderly
near Sunny View Manor.
(f) It was the consensus of the Council that there be a meeting
scheduled for 6:45 p.III., November 6, 1978, for the interviewing of can-
didates for appointlllent to the Public Safety Commis~ion.
UNFINISHED BUSINESS (continued)
25. Discussion and action regarding siting of .1ssisted housing.
Following discussion of this matter, the Mayor ex~ressed the consensus
of the Coun~il that no action was required or will be taken so as to
pennie .Ò~ ord~rly processing of the pending application.
CITY CLERK'S NOT~: Agenda Item No. 27, request from ~loyd Meyer to discuss
use of CETA funr's and specific payments made to the City Attorney, was
not brought up for discussion in that Mr. Meyer failed to appear at the
meeting.
The Mayor adjourr.ed the meeting at 9:55 p.m. to 6:45 p.m., November 6,
1978 in the Conference Room of the City Hall.
c,,'~,
"