CC 10-02-78
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CI'l'Y OF CUPERTIIIO, STATE OF CALIFORIfiA
10300 Torre Avenue, cupert1Do, California 95014
Telephone: 252-4505
KINUT!S or TIlE REGULAll KUT15G or till CITY COUNCIL
HELD OR OCTOBER 2, 1978, III TIIK COUBClL CllAKBU, CITY BALL
SALUTE TO THE FLAG
Mayor Jackson called the meeting to order at 7:30 p.m. in the Council
Chamber of City Hall.
ROLL CALL
Counc. Present: Meyers, O'Keefe, Rogers, Sparks, Kayor Jackson
Staff Present: City Manager Quinlan
Director of Administrative Services Ryder
Director of Public Works Viskovich
Director of Planning and Developlllent Sisk
Director of Parks and Recreation Butler
City Attorney Adams
Housing Rehabilitation Counselor Hastings
CONSENT CALENDAR
Item No. 12 was removed frOll the Consent Calendar.
It was moved by Counc. Sparks, seconded by Gounc. Rogers and passed unan-
imously to approve the balance of the Consent Calendar.
1. Resolutic'1 No. 4806: "A Resohltion of the City Council of the City
of Cupertino Allowing Certain Glaims and Demands Payable in the
Amounts and frOlll the Funds as Hereinafter Described for General and
Miscellaneous Expenditures for the Eleven Day Period Ending Septem-
ber 29, 1978."
2. Resolution No. 4807: "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 ~alaries
and Wages for the Payroll Period Ending September 26, 1978."
3. Resolution No. 4798: "A Resolution of the City Council cf the City
of Cupertino Making its Order Describing the Boundaries Designated
as 'Reorganization 78-15' to be Annexed to the City and OrderL'1g
Annexations to the City of Cupertino Without Public Hearing as Pro-
vided by Law; Approximately 2.44 Acres Consisting of Four Parcels
Along Homestead Road."
4.
Resolution No. 4805: "A Resolution of the City Council of the City
of Cupertino Making its Order Describing the Boundaries Designated
as 'Foothill 78-11' to be Annexed to the City and Ordering Annexa-
tions to the City of Cupertino Without Public Hearing as Provided by
Law; Approximately 0.61 Acre Located at the Nurtheast Corner of
Stevens Creek Boulevard at Foothill Boulevard."
~",-,...~ "'---,-',.. ....~..,:'"....
CC-437
Page 1
Item removed
Consent Cal-
endar ap-
proved
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CC-437
¡'.2
MINUTES OF THE OCTOBER 2, 1978 CITY COUNCIL KEETIRG
5. Resolution No. 4808: "A Resolutf.on of the CUy Council of the City
of Cupertino AMnding aes,'¡ut1on 110. 4413. aDd Appoincin~,Ðougla~
B. Aikins.. Deputy City Attorney." '
6. Resolution No. 4809: itA Resolution of the City Council of the City
of Cupertino Declarina its Intention to Order Vacation of a Portion
of Roadway at the Northwest Corner of Stevens Creek Boulev.ud and
Foothill Boulevard as Provided in Section 8320 at ssq. of the Streets
and Highways Cods of the State of California, F1x1...g Time and Place
for Public Hearing and Providi116 for Notice Thereof, It
7. Resolut1"Þn No. 4811: "A Resolution of the City Council of the City
of Cupertino Authorizing Execution of Agre.-ent between the City and
A & R Leasing Providing for the Undergrounding of Utilities on a
Deferred Basis at the Northwest Corner of Stevens Creek Boulevard
and Blaney Avenue.1t
8. Resolution No. 4812: "A Resolution of the City Council of the City
of Cupertino Approving Contract Change Order No. 1 for McClellan
Road tmprovements, West of Bridge Proj..ct 78-7."
9.
Resolution No. 4813: "A Resolution of tho! City Council of t;,e City
of Cupertino Approving the Parcel Map and the Deferred IlIIprovement
of Property Located along McClellan Road East of Byroe Avenue by
Craig Clark and Nancy Binneweg Clark, Authorizing the City Engineer
to Sign the Parcel Map and Authorizing Execution of Agreement in
Connection Therewith."
.
10. Resolution No. 3873.36: "A Resolution of the City Council of the
City of Cupertino Approving Contract Change Order No. 9 for Va11co
Park Assesslllent District 1974-2."
11. Request for authorization to go to bid on the following projects.
(a) Homestead-De Anza Storm Drain Line
(b) Varian Park Storm Drain Line
12. Removed
13. Application HC-5l,333.12 - Urbanist Group Inc. (Jenn Chiu) requesting
approval of modified architecture for a previously-approved restaurant
building at the northwest quadrant of Valley Green Drive and De
Aoza Boul~vard. Recommended for approval.
14. Application HC-5I,468.1 - Byrne Avenue Associates (George Cody)
requesting approval of site, arc~itecture, and landscaping for 8
single-family homes located on the southwest and southeast corners
of Byrne Avenue and Stevens Creek Boulevard. Recommended for approval.
.
15.
Application HC-51,027.19 - Howard Ruth, Jr. and Alan Simpkins
requesting approval of site, architecture, landscaping and grading
for 20 single-family cluster lots located on the southwest corner
of Pac~fica Drive and Whitney Way. Recommended for approval.
..I.
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HINUTES OF THE OC'roBER 2, 1978, CITY COUNCIL !ŒET1NG
16. Application BC-S1,027.2 - Howard Ruth, Jr. r~ueatiD& approyal of
site, architecture, landacap1ug, liabting and grnding for an ofUce
facility loc:ated on the north aide of Pacifica Drive between 'lone
Avenue and De AnZ8 Boulevard. Reco_ded for approval.
17. Application BC-51,027.3 - Cupertino Dental Lab (Frank J. Huai.'\8,
A.LA.) requ_ting approviÜ of site, architecture, landacapiLg, and
lighting for a dental lkboratory located on the north aide of
Pacifica Drive between Torre Avenue and De Anza Boulevard. ReCOIl-
lIIended for approval.
18. Minutes of regular meeting of September 18. 1978. (CC-435)
Yill.
Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
Meyers, O'Keefe, Roge~s, Sparks, Jackson
None
None
None
ORAL COMMUNICATIONS
19. Presentation - Gregory E. Troll, Maple Tree Place, Cupertino
.
Mr. Troll requested a waiver of the prohibition on parking on StevenR
Creek Boulevard near Tantau during the period that puøpkina would be sold
for the balance of October.
CC-437
. Pase 3
Waiver of
parking pro-
hibition
This matter was continued to later in the meeting for staff review of the Continued
circumstances under which no parking had been created.
PUBLIC HEARINGS
20. To consider an ordinance regulating hillside reaidential develoPlllent
including building setbacks and heights, fence locations, permitted
uses and vegetation removal.
(a) First reading of Ordinance No. 881: "An Ordinance of the City
of Cupertino Amending Ordinance No. 002 by Establishing Regu-
lations for Residential Hillside Development."
It was moved by Counc. Sparks, seconded by Counc. Meyers and passed unan-
imously to close the public hearing.
.
It was moved by Counc. Meyers, seconded by Counc. O'Keefe and passed
unaniIl'ously to read Ordinance No. 881 by tit Ie only and the Mayor's
reading to constit"te the first reading.
21. Application 17-Z-78 of Staffield/Rose Real Estate Investments: Re-
zoning approximately one acre frow CG (General Commer~ial) to P
(Planned Developlllent with General Commercial and Office Use Intent)
zone; ~nd ENVIRONMENTAL REVIEW: The Planning Commission recommends
the granting of a Negative Declaration. Said property is locatel on
t~¡e north side of Stevens Creek Boulevard approximately 100 ft.
westerly of Vista Drive. Recommended for approval. (This applica-
tion to be heard in conjunction with Application 18-U-7S)
Public hear-
ing closed
First reading
of Ord. No.
881
CC-437
pe4
PUblic hearing
closed
Negative Dec.
granted
1.78
approved
'Irs t r"ading
.f Ord. '10.
'02
8-U- 78
)proved as
,ended
þ
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MtNUTES OF TIlE OC1'oBER 2, 1978 CITY COtnllcn HltEnIfG
21. (a) Firat reading of Ord1nance No. 902: "An Ordill&llce of the
City of Cupertino A1I8llcling Stlct10n J. of Ordinance No. 2 by
ReZOllba Approz1mately ODe Acre frOll CG to P Zone, Located
on the Horth Side of Stevena Creek Boulevard ApProx1;ute1y
100 Pt. Va ~erly of VUta Drive...
PLANNING APPLlCA1'IONS
22. Application 18-U-78 of Staffield/Roae Resl EBtate Inveataenta:
Uae Permit to construct a 9,200 sq. ft. building consiating of an
e1Deraency medical aervice faCility I14d rehil COllllllercial store. 8Dd
ENVIROIOŒNrAL REVIEw: The Planning CoJaission recollllends the granting
of a Neast1ve Declaration. Said property is located 01'1 the north
side of Stevens Creek Boulevard approxtmate1y 100 ft. westerly of
Vista Drive. Recommended for approval. (This application to be
heard in Conjunction With Application 17-Z-78)
PreSentation - Terence J. Rose, applicant
It was moved by Counc. Rogers, seconded by Counc. Meyers and passed
unanimously to close the pUblic hearing.
It was moved by counc. Meyers, secooded by Counc. Sparks and passed
unanimously to arant a Negative Declaration.
It was moved by Counc. Meyera, seconded by Counc. Rogers and ¡>assed
unanimously to approve APPlication 17-Z-78 pursuant to Planning Comadssion
Resolution No. 1885.
It was moved by Counc. Meyers, seconded by Counc. O'Keefe and passed
unanimously to read Ordinance No. 902 by title only and the Mayor's
reading to constitute the first reading.
It waa moved by COIIDC. Meyers, seconded by Counc. Rogers and passed
unanimously to approve APPlication 18-U-78 pursuant to Planning COIIIIII1ssi~n
Resolution 1890 with Condition No. 15 being lIIodified to Correct the desig_
nated exhibits, Condition No. 17 modified to delete the requirement to
provide reciprocal parking easements and Condition No. 18 modified to
allow for the reduction of the fivt:-foot £;tback if such was determined
to be appropriate by the Architectural and Site Approval COmmittee.
ITEMS REMOVED FROM CON!'ENT CALENDAR
12. APPlication IIC·'51,2ìO.2 - Shell Oil Company requesting approval
of site, architecture, landscaping and signing for an eXisting gas
station located at the northeast corner of Stevens Creek Boulevard
and Stelling Road. Rec~~endLd for denial.
PreSentations - Michael O'Maheney, Shell Oil Co.; Barbara Weiss, Key
Chevrolet; Paul Weiss, Key Chevrolet
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MINUTES OF THE OCTOBER 2. 1978, CITY COUNCIL MEETING
CC-437
Pase 5
It was !lOved by Counc. O'lteefe and seconded by Counc. Heyers that the
proposed bue shelter be 8ited entirely On the 8be11 property.. This lICIt
was withdrawn.
It was IIIOved by Counc. Heyer. and seconded by Counc. Roa!'rs and passed
With Counc. Sparks and Counc. O'Keefe di8sentina to approve HC-51,270.2
subject to the condition8 1œpoeed by Architectur8l and Sita Approval
COmmittee Resolution 839.
IIC-Sl,270.2
approved
UNFINISHED BUSINESS
25. Review of deCision on Application 17-U-78 (dancing) _ Houlihan's
Restaurant.
It was Jlk)ved by Counc. Rogers, seconded by Counc. Meyers and passed unan-
imously that the City Council reconsider the previou~ de'tsion on Appli-
cation 17-U-78 with the staff to agendize this at the firs~ opportune
time after having notified interested parties and neighbors.
17-U-78
reconsidered
.
Following this IIIOtion it then was the consensus of the Council, after
having heard cOmments froa members of the audience, that it was prefer-
able to have such reconsideration being given at this meeting.
Prepentations - Robert Altevers, architect; Arthur Frederico, Bixby Drive
Charles Thompson, applicant repreSentative; Steven SlIIallcombe, Bixby
Drive; Donald Dixon, Richwood I>'l'ive.
It was moved by Counc. O'Keefe to sustain the preVious decision and for
the denial of the dancing permit. The IIIOtion died for lack of a second.
It wa~ moved by Counc. O'Keefe to deny Application 17-U-78. The IIIOtion
died for lack of a second.
It was moved by Counc. Sparks, seconded by Counc. Rogers and passed with
Counc. O'Keefe dissenting to approve Applicati~~ l7-U-78 subject to the
conditions originally proPOsed for this application and also with the
provisions that there wou]~ be no live lllUSic, that the dance floor would
be limited to 180 sq. ft., ~hat there would be a security guard from
10:00 p.m. to 2:00 a.m. for a minimum period of six months ~ubject to
renewal by the staff and that the use permit is limited to one year with
a public hearing before the Planning Commission to be required prior to
renewal at the end of that tillle.
l7-U-78
approved sub-
ject to con-
dit ions
RECESS: 10:04-10:15 p.m.
26. Request from FloYd Meyer to address Council.
Following preSentation by Mr. Meyer of those concerns as expressed by
him during previous meetings of the City Council, the following motion
Was made by Counc. Meyers and seconded by Counc. Rogers:
"I move that staff be directed that no further actions be taken in regard
to Mr. Meyer's complaint relating to properties recovered and identified
as stolen." The motion was passed. unanimousl..,.
No further
staff actions
CC-437
1'. Ó
City to main-
tain land-
scaping
Cash bond to
be returned
Alternate C
preferred
.
Referred to
staff for re-
vie\.: .a."'!å ref-
erence
No me" ting
~aact
a~t~d to
Case ?ower
Equipment plus
scraper
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MtNUTES OF THE OCTOBER 2, 1978, CITY COUNCIL Kl!ETIØ;
27. Request fr<* Devcon Construction Co. for interpretation of cond1t1ona
of approval for off-site improv.-ents on a light industr1~ project
at the west aide of Band1ey Drive north of Lazaneo Drive (Appu'c:at1on
2-U-77).
Presentation - To. Kasters, applicant
It was moved by Counc. Meyers, secondecì by Counc. Rogers and passed
with Counc. O'Keefe abstaining that subject to completion of an acceptable
agreement in writina the City is to l118h.tain tb" landscaping with the
developer to provide and pay for water and pow~e relAting to the landscaping.
l~ was lIIoved by Counc. Meyers, seconded by Counc. Rogers and passed with
Cou~c. O'Keefe abstaining that the staff be instructed to return all
of tl.e cash bond to the developer following rereipt of the written saree-
mcnt.
28. Cupertino/San Jose Boundary Reorganization.
Presentation - Dr. '.seph Brown, Cupertino citizen
Following presentation by the City Manager of a cost analy~is relating
to possible alternates for a boundary reorganization, it was moved by
Counc. Meyers, seconded by Coune. Rogers ~~d passed unanimously that
staff be directed to relay to LAFCO the Council preference foe Alternate
C but with the boundary line being at the southerly end of the K-Mart
shopping complex with a secondary preferenc~ that the boundary line be at
Fallen Leaf Lane.
CITY CLERK'S NOTE: Alternate C is the original proposed area being
Iñtact except that it excludes property on the west side of Saratoga-
Sunnyval.. Road from Bollinger to K-Kart or Fallen Leaf Lane southerly
boundary.
29. Discussion of proposed Planned Unit Development Ordinance.
It wa~ moved by Counc. O'Keefe, seconderl by Coune. Rogers and passed
with Counc. Jackson an~ Counc. Sparks dissenting that the material pre-
sented by Coune. O'Keefe on this matter b'~ refereed to staff for review
and as a ref~~ence doctment when conside~tng future planned unit development.
30. Consideration of joint Planning C~ission/City Council meeting per-
taining to Housing Element prior to October 16, 1978.
It was the consensus of the Council that such a meeting not be held.
NEW BUSINESS
31. Reporc on bid opening for diesel loader, DPW 79-1, and award of purchase.
It waF muved by Coune. Meyers, seconded by Counc~ Rogers and passed unan-
imously that the award of contract be given to Case Power and Equipm..nt
for its bid of $16,571.55 and that authorization be granted to purchase
a companion scraper accessory for $1.340.84.
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.
MINUTES OF TIlE OCTOIIE!t 2, 1978, CITY COUNClL HERTING
Following a prctest by a representative of Roble Ford Tra~tor, Inc. and
the offer to include the acraper which had not been called for intha
specifications with ~ loader as specified, both for tha aulnlitteå.bid
of $17 ,562.93, it _ 8ØV8d by ('.olD1c. Sparks, aecoDded by Counc. lIOaor.
and passed with CoUDCi~ers Meyers and O'Keefe dissenting that ·tha
pur~hase Contract be ..srded to ('¿se Power Equipment only for the didsel
loader ap specified excluding any acce3sories.
36. Request frOll Bevlett-Packard to erect a tent for use as a temporary
meeting facility.
It was moved by Counc:. Sparka, seconded by Counc. Meyers and passed unan-
imously to approve the request as submitted.
37. Request frolll local bank for waiver of collatersl on certificates of
deposit for the first $100,000 covered by federal deposit insurance.
It was moved by Counc. Meye~s. seconded by Counc. O'Keefe ~~d passed unan-
imously that the staff recommendation be adopted and that ~ollateral be
waived on certificates of deposit for the first $100,000 covered by
fed~ral deposit insurance.
38. Request from a local bank as to City's intention of policitin~ bids
for general bank account.
.
~t was moved by Counc. Keyers, seconded by Counc. O'Keefe and passed unan-
imv~sly that the staff be directed to solicit bids for the City's general
bank account.
40. Resolution No. 4810: "A Resolution of the City Council of tÌle City
of Cupertino Authorizing Execution of Agreement between the City of
Cupertino and the Hewlett-Packard Company Relating to the Installa-
tion of ,r~ffic Signal System and Safety Lighting at the Intersection
of Pruneridge Avenue and the Entrance to the Hewlett-Packard Company,
Midway between Wolfe Road and Tantau Avenue."
It was moved by Counc. Meyers. seconded by Counc. Rogers and pa3sed unan-
imously to adopt Resolution No. 4810 but with paragraph 3 on page 3 of
the agreement being amended to provide that Hewlett-Packard's liability
will not exceed $750.
32. Claim against government entity for alleged injuri~s sustained by
Kevin Markey.
33. Claim for damages to 1974 Audi. filed by Dorothy L. Cunningham.
34. Claim for damages to automobile, filed by Paul De Martini.
.
It was moved by Counc. O'Keefe, seconded by Counc. Rogers and passed unan
imously that the claims be referred to the City 'ttorney as recommended
by him.
~ .
..,
".....,
CC-437
P;oge 7
Prot..t by
Nobl. Ford
Tra,etor;
iSward of pur-
cba'a to
Ca.. Power
Equipment w/o
aCceeaories
Request ap-
proved
Collateral
waiver
Staf.' to
solicit hids
Res. No. 4810
adopted with
change to
agreement
Claims re-
ferred to
Attorney
CC-437
1'.8
Duplex billing
authorized
for LAGCO
Appointment of
Blaine Snyder
Deferred to
next meeting
Staff recom-
mendatiln
adopted
.
L~t:.ter re-
ferred to
staff
Second reading
of Ord. No.
901
Ord. No. 901
enacted
.
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MINUTES OF 'lBB OCTOBER 2, 1978, ctTY COUNCIL MEETING
35. Req"est from Los Altos Gsrbqe Company to amend rp.tes.
It was moved by CoIIDC. Heyen, seconded by Counc. Rogers and pasaed __
illlOusly with Counc. Sparks absent to authorize the bil1ina for duplexea
as reco_ended and which does not require an IUlendmenl: to the rate atructure.
39. APppointlllent of Blaine S~yder as Deputy Treasurer.
It Yas moved by Counc. O'lCt:efe. secOnded by Counc. Meyers and passed unan-
imously that Blaine Snyder be appointed as Deputy Treasurer.
41. Housing ar.d eo..unity Developlllent
(a) Amendmenta to Housing Rehabilitation Program.
It was moved by Counc. R.:Igers, seconded by Counc. Meyers and passed unan-
imously to defer this until the next meeting of the City Council.
(b) Transmittal from Board (of Supervisors.
It was moved by Counc. Meyers, seconded by Counc. Rogers and passed U3aD-
imously to adopt the staff reco~endation as contained in the staff report
dated September 28, 1978.
WRITTEN COMMUNICATIONS
42. Let.er from Cupertino Union School District pertaining to traffic
safety concerns.
It was waved by Counc. Meyers, seconded by Counc. Rogers and passed ~nan-
imously to refer to staff f~r review a~d rerommendation.
ORDINANCES
43.
Second reading of Ordinance No. 901:
Cupertino Amending Chapters 15.08 and
of the Cupertino Munic'pal Code.
"An Ordinance of the City of
15.12 (Waterworks System)
It was moved by Counc. Meyers. seconded by Couoc. Rogers and passed unan-
imously to read Ordinance No. 901 by title onJy and the Mayor'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. 901.
RESOLUTIONS
44. None
STAFF REPORTS
45. Oral reports by staff members and submission of written reports.
:',."{~i.
--'-.---
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MINljTES OF THE OCTOBER 2, 1~78, CITY COUNCIL MEETING
It was moved by Counc. Meyers, seconded by Counc. Rogers and passed Ullloll
imously with Counc. Sparks absent that the City Council go on record
as supporting the llleaberehip for the Central Pire Dietrict Bosrd to be
the one proposed et five -"ere.
It was Jlll)ved by Counc. Meyers, seconded by Counc. Roaer8 and passed una
i~ously that the City Council supports the addition of four voting mem-
bers frolll the private sector on the Solid Waste Planning COIIIIIIittee.
It was IIIOved by Counc. Sparks, seconded by Counc. Meyers and passed unan
imously to authorize the Mayor to sign the disposition agreement for the
$65,000 allocated frOll the HCD funds to Sunny View Ksnor Project subject
to the review and approval of the agreement by the City Attorney.
It was moved by Counc. Meyers. seconded by Counc. Rogers and passed unan
imously that the source uf funding for the supplelllental approPriation
required for the Senior Citizens Center ~~oject be made from the Con-
struction Tax Fund.
Following advise that the irregularity on the bid bond for Radonich
Roofing, Contract No. 16, Senior Citizens Center Project, had been
corrected, it was moved by Counc. Meyers, secoudcd by Counc. Rogers and
passed unanimously that the award of contract be made to Radonich Roofin
for the sabmitted bid of $20,940.
The Director of Public Works reported he had personally visited the area
in question at Stevens Creek Boulevard and Tantau and discovered that
the bicycle lanes had been an extension by the City of Santa Clara when
they were installed by that City, anu the City of Cupertino had not yet
taken action to restrict parking in that area. The staff then was
directed to have the excess bicycle lanes removed frolll the street and
to permit the sale of pumpkins for which permits already had been issued.
Mayor Jackson adjourned the meeting at 12:16 a.m.
¿(gF
City Cler
CC-437
Page 9
Central Fire
District
Board
Solid Waste
Planning
Co.uttee
HCD funds for
Sunny View
Manor Project
Supplemental
appropriation
from Construc
tion Tax rund
Award of con-
tract to
Radonich
Roofing
Bike lanes to
be removed;
sale of pump-
kins allowed
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