CC 08-21-78
~.
.
.
.
, ,..
CITY OF WPERTINO, STATE OF CALIFOR.~IA
10300 Torre A·~enue, Cupertino, California 95014
Telephone: 252-4505
MINUTES OF THE IU!GULAlt 1ŒIT11IG or THE CITY Q)UNClL
HELD ON AUGUST 21, 1978, 11C THE COUNCIL CIWIBU, CITY HALL
cuPnTlNO, CALlrORNIA
Mayor Jackson called the meeting to order at 7:35 p.lII. in the Council
Clulmber of City llall.
ROLL CALL
Counc. Present: Meyers, O'Keefe (8:25 p.m. - delayed because of activitie
related to employment), Rogers, Sparks, Mayor Jackson
Staff Present: City Manager Quinlan
Deputy City Clerk Cornelius
Director of Public Works Vis Kovich
Assistant Planning Director Cowan
Director of Parks and Recreation Butler
City Attorney Adams
r;ONS ENT CALENDAIl
It was moved by Counc. Meyers, seconded by Counc. Rogers and passed unan-
imously by those present to approve the Consent Ca1end&r.
1. Resolution No. 4780: itA Resolution of the City Council of the City
of Cupertino Allowing Certain Claims and Delll~dd Payable in the
Amou~ts and frolll the Funds as Herpi~díter Described for Gener.al an¿
Miscellaneous ExpendituTc~ for the Seven Day Period Ending August 7,
1978."
2. Resolution No. 4781: itA Resolution of the City Council of the City
of Cupertino Allowing Certain Claima and Demands Payable in the
Amounts and from the Funds as Her.einafter Described for General and
Miscellaneous Expenditures for the Seven Day Period Ending August 14,
1978."
3. Resolution No. 4783: "A Resolution of the City Council of the City 0
Cupertino Allowing Certain Claima and Demands Payable in the Amounts
and from the Funds as Hereinafter Described for Salaries and Wages
for the Payroll Period Ending August 15, 1978."
4.
"A Resolution of the City Cou>.1cil of Cuper-
Change Order No. 7 for Vallco Park Assessment
Resolution No. 3873.34:
tino Approving Contract
District 1974-2."
5. Resolution No. 4785: "A Resoh:tion of the City Council of the City
of Cupertino Approving Contract Change Order No. 1 for Corporation
Yard Project, DPW 78-Gl, EDA 07-51-21353, ~ntract No.4, Plumbing."
a>-432
Paae 1
Consent Cal-
endar approve
CC432
pe2
e
.
-'r"::7'~~ ,.~...~.,,~"';:~~..,t'"~""':.¡!"'}.~~ ~;~'~~7~::;,~~\~"T'A~,..~.,.~:;:~~:,'l!"\~:'J:~~"~,!,""'~~r'\'..~.ffl~.,~:<;.:;;r:tr..-!":
MINù"TES OF THE AUGUST 21, 1978, CITY OOUNClL MEETING
6. Res"lutioD No. 4786: "A Resolutioc of the City Council of the City
of CUpertino Approving COntrMct Chanae Order No. 2 fOr Corporation
Yard Project, DPW 78-Gl, BDA 07-51-21353. Contract No. 14, General."
7. Acceptance of City Project Performed UDder Contract: MellOrial Park
Storage ~uilding.
8. Resolution No. 4782: "A Resolution of the City Council of the City
of Cupertino ~Io~tin! an Operating and Construction Budget for Fiscal
Year 1978-1979 by R6tifying Estimates of Revenues to be Received in
Each Fund and Appropriating Monies Therefrolll for Specified Proar8111
Activities and Accounts and Setting Forth Conditions of AJm1nisterina
Said Budget. II
9. Resolution No. 4787: "A lù>snlution of the City Council of the City
of Cupertino Declaring Its tntention to Order Vacation of a Portion
of Blue Jay Drive South of Homestead Road Just North of Route 280,
as Provided in Section 8320 et seq. of the Streets and Highways Code
of the State of California, Fixing Time and Place for Public Hearing
and Providing for Notice Thereof. II
10. Resolution No. 4789: "A Resolution of the City Council of the City
of Cupertinc Amendin~ Policy Number 10 (No. 10) of the Manage~~nt
Compensation Program."
11. Resolution No. 4779: "A Resolution of the City Council of the City
of Cupertino Amending Policy Number Four (No.4) of the Manag~'..nt
CompeDBation Program. II
12. Application HC-51,446.l - South County Development Corporation re-
questing approval of landscaping Cor a co~ercial building on the south
side of Stevens Creek Boulevard east of Blaney Avenue. Recommended
for approval.
13. Application HC-5I,296.5 - KoIl Company (Sizzler Family Restaurant)
requesting approval of site, architecture, landscaping and lighting
for a sit-down restaurant at the southwest r~rner of Band1ey and Alves
Drives. Recommended for approval.
14. Appli~ation HC-51,334.2 - Mercury Savings and Loan Association (The
O.K. Earl Corporation) requesting approval of site, architecture,
landscaping and lighting for an office structure on the south side
of Stevens Creek Boulevard bet~een Miller Avenue and Calabazas Creek.
Recommended for approval.
15. Application HC-5l,333.14 - Michael Del Monaco requesting approval of
site, architecture, and landscaping for a sit-down resta~t'allt at
the southwest quadrant rf De \nza Boulevaré and Route 280. Recom-
~~nded for aDproval.
~6. Minutes of regular meeting of August 7, 1978. (CC-429)
17. Minutes of adjourned regular meeting of August 8, 1978. (CC-430)
18. Minutes of adjourned regular meeting of August 14, 1978. (CC-431)
;~~,-
-~-,"~, ';"~~--,-~,...._,- ,.,,-
·
·
·
~-.
<-"~7',.
'~~;; ~'e¡',""'~<;1~~:~~-:?:'r~;;:"'f~~9f;~-~.¡'~~.~'tJf1\'H~."'~~~~,,,,,~,:-'r~~.,
MINl;TES OF THE AUGUST 21, 1978, CITY COUNCIL MEETING
~
Mellbers of tb.. Ci tv ColIDcil
AYES:
NOES:
ABSENT:
ABSTAIN:
Meyers, IIDsere. Sparks, Jackson
None
O'Keefe
None
ORAL COMMlnlICATIONS
19. It waa IIIOved by Counc. Meyers, seconded by Counc, Sparks and passed
unanilllously to arant the Cupertino Kiwanis Club a waiver of bl~iness
license fee, permiaaion for signs, use of street sweeper, peradssion to
close off Town Center Lane and permission for parking on both eides
of Rodrigues Avenu~ for their Harvest FestivRl, September 9, 1978 frum
6:00 a.m. to 7:00 p.lII. Council requested that the Kiwanis clarify whether
or not there will be any use of outdoor sound amplification.
Counc. O'Keefe arrived at 8:25 p.m.
PUBLIC HEARINGS
20. To consider an ordinance regulating hillside residential developœent
including building setbacks and heights, fence locations, permitted
uses and vegetation removal.
(a) First resding of Ordinance No. 881: "An Ordinance of the City
of ~upertino Amcnding Ordinance No. 002 by Establishing Regula-
tions for Residential Hillside Development."
~lthy Nellis, 22322 Regnart Road, and Mrs. Hertert, San Juan Road, ad~
dressed Council.
It was moved by Counc. Sparks, seconded by Counc. Rogers and passed unan-
imously to co"tinue the public hearing to September 5, 1978.
Ordinance No. 881 was referred to staff for revisions, including defini-
tion of "ridge top", changing of section referring to average height,
possible limited commercial agricultural uses, keeping of small and large
animals combined, rewording of Section 8.1, inclusion of time limit for
City response to concerns of adjacent property owners, listing criteria
and standards for appeals. Council directed staff to list pros and cons
of alternatIves along with staff recommendations.
PLAh'NING APPLICATIONS
21. Application l5-TM-78 of Northern California Savings & Loan Associa-
tion: Tentative Map to subdivide approximately 5.4 acres into two
parcels consisting of 1.2 acres and 4.2 acres and ENVIRONMENTAL RE-
VIEW: The Planning Commission recommends the granting of a Negative
Declaration. Said property is located on the northeast corner of
Rodrigues Avenue and South De Anza Boulevard in a P (Planned Develop-
ment) zone. Recommended for approval.
Action: 1. Negative Declaration to be granted
2. Application to be approved (with any conditions)
.'.
~"·,c,,
CC-432
Page 3
Kiwanis
aranted
waiver of fee
Continued
Ord. 881 re-
ferred to
staff fur
revisions
CC-433
P.4
15-n+-78
approved as
a....nded
Neg. DecIara-
t ion grail ted
5-.8
ap~ed
Claim denied
ontinued
.
¡<,~....:~~~":.r,;;,,, ",~,~",,!,~,,¿;,~!"~~, .~~~t!,~~,~,~,1~ :~~r-v<}C"..~~.~"".",-:r...~?~~.'~~ '~'I'!:,~!K;~0:~,,,:\,,.,,,,,~f-¡. ~~,.,;'-f'
MINUTES OF THE AUGUST 21, 1978, CITY COUNCIL IØŒTlNG
Mr. Dan1e1 Bin, representing lIorthem CalUornia Saving.. end Loan, address.d
Council.
I t was moved by Couoc. JIoaera, secoDded by Counc. Spar" and p....d uoan-
1IIIously to ..pprove Applie..t10n 15-TK-78 as _ended, w1th parsaraph 2,
Condition 17 _clad to read, ". . . even though said interconnection of
circulation patt.ms may require modification of the on-site circulation
system to adjoin with oeiahbodng properties. The int.rconnected I1Uculat:l.on
system »hall be d..1gned in s manner which does not significantly L~air
the aesthetics or the operational requirements of the ex1stir.~ Savings and
Loan facility."
It was moved by Couoc. Sparks, seconded by Counc. Rogers and passed unan-
imously tl' grant a Negati··e Declaration.
22. Application 5-TK-78 of Coast Peieral Savings & Loan Association:
Tentative Kap to cOllbine thre, existing parcels, consisting of approx-
imately 0.7(, acres, into Ctl£ p"rcel and ENVIRONMENTAL REVIEW: No
action required. The project ~as previously assessed. Said property
is loc&ted on the north side ~f St~vens CreeL Boulevard approximately
150 ft. westerly of De A..Zå Bo"levard. Recommended for Ilpproval.
Action: 1. Application to be approved (with any conditions)
It was moved by Counc. Sparks, secondtid by Counc. Rogers and passed unan-
imol·sly to approve Application 5-TK-ì8.
ARCHITECTURAL AND SITE APPROVAL COHKI~ APPLICATIONS
23. None
In1lS REMOVED FROM CONSENT CALENDAR
2~ . None
fINISHED BUSINESS
5. Claim of Dr. JiL S, Chung and Yan~ Ja Chung for damages to resideoce
caused by falling tree.
It was moved by Counc. Sparks, seconded by Counc. Meyers and passed cnan-
mously to deny the cIa!", and City Clerk to notify c!a.imants 2" recommended
y City Attorney.
6. Request from Mr. Floyd Me:~"r' to address Council relating to apecified
questions.
r was moved by Counc. Meyers, seconded by Counc. Roger~ and pas~ed unan-
mO:ls1y tc continue this to September 5, 1978, as reque~Jted bv i:1r~ Meyer.
·-·r''''-·.'~,,''~
._,-"~ ,.,.. ,'''''''' '-:,'" ',~
"..-"\~'""~:",!!''''1:¡'~ ,j ~7"'i-:>C'-·
MIh~TES OF THE AUGUST 21, 1978, CITY COUNCIl. MEETING
.
27. Discussion on proposed Planned Unit Development Ordinance.
It was moved by Counc. Q~~a. seconded by Counc. Meyeu: and pas..d U0811-
imously to continue to Sept.-ber 5, 1978.
RECESS
NEW BUSINESS
28. Report on bid opening for Hiah Pressure Sodium Luminaires, Project
;9-1, and award of cont.act.
It was moved by Counc. Sparks, seconded by Counc. Rogers and passed unan-
imously to award the contract to Bayside Electric Distributors and auth-
orize the Kayor to execute the contract for equiplllent purchase.
It was moved by Counc. Sparks, seconded by COunc. Rogers and passed unan-
imously to adopt Resolution No. 4790 authorizing execution of Local Agency
State Ag~e..ent to convert mercury vapor luminaires to high pressure sod-
ium luminaires.
Council suggested that they be pre.ented with ß list of any other possible
eligible work that could be done under the Safer Roads Demonstration
Program.
CC-432
Paae 5
Continued
Contrsct to
Baysid"
Electric
Res. No. 4790
adopted
Ssfer Roads
Demonstration
Program
. 29. Claia of Carolyn Elias for cleaning of automobile carpet.
It was moved by Counc. Sparks, seconded by Counc. O'Keefe and passed unan- Claim denied
imously to deny the claim and the City Clerk to notify claimant.
30. Ski Any Mountain, Ltd - Re~uest for outdoor sales promotional activit
and for a temporary permit to operate an outdoor mechanical ski slope
Eldon Hoffaan, owner, Ski Any llountain, and John Clendenin addressed
Council.
It was moved by Counc. Spa':ks, seconded b} Counc. Rogers and passed unan-
imously to approve the request. Ski Any Ilountain, Ltd. is to submit a
letter to City Manager giving specific hours of the activity and the exact
number of police ~ersonnel they will hire.
31. Discussion as to City policy in use of travel agencies.
It was moved by Counc. O'Keefe. seconded by C.:>unc. Rogers and passed unan-
imously that the City Manager will prepare a questionnaire to be completed
by i~terested travel agencies. The City will use t',ose submitted to com-
pile a list of agencies to be used when making travel arrangements.
32. Request from Mr. Wes Williams for support of completion of Route 85
and purchase of land.
.
Mr. Wesley Williams addressed COuncil and read a statement listing five
goals of the West Valley Multi-Modal Transportation Corridor Task Force.
Request ap-
proved
Questionnaire
re travel
agencies
Statement
read
CJá32
P.6
Resolution
supporting
completion of
Route 85
Action to be
transmitted to
C.L.O.U.T.
Guidelines
approved; will
check State
reimbursement
GeAl Plan
Objectives
adopted
Land Use Reg-
ulations
adopted
dopt Res. No.
4784
Res. of Com-
endat _'.on for
ob Dockins;
reconunendation
e _dings
d'Wd
- "'--'.'--':'''' ~~:-"~'iM!'r:;~~~~..~~,,,,,,,,~.-".,,.....~~'P""'~"".).~'ø'~,;..~)"!~.~~.,:'7,'"':¥~;,;::i:~~..;~'7f"'~"~'
"'.':"'("."',,:,""''', I,.',",', ", ';, "'" ~""';""" ,.,'; ," '.\"<.':~'~~:"~""'_' "__"'.':'~:':.-,": ",'~:
MINl'TES OF THE AUGUST 21, 1978, CITY COUNCIL MBBTlIIC
It ..,as moved by Counc. O'Ke.f., ..cortded b1 Couac:. JIaJ.1'II and p....d WIlla-
imous~.y that .teff prepare . r..olution eupportina the concept of completion
of Route 8,~ and determine equitable method of fllD41ng ..ed IIOney for purcbaae
of land to pruerve right of way. This .hall b. presented at the Septabar
5, 1978 Council meeting.
33. ReqQest frolll citizen lobby for open urban tranaportation for concerted
action to build Route 85, West Valley Freeway.
It was moved by Counc. Meyers, seconded by Co\U\c. Ro:!ers and passed unan-
imously to transmit to C.L.O.U.T., attn. Hr. Fadness, a~:ion taken regarding
the resolution of intent of support, and method of funding to be determined
as adc.pted under Agenda Item No. 32.
34. Policy Guidelines for Capital Improvement$ in Boundary Study Area.
Council approved policy guidelines for Capital Improvements in Boundary
Study area for submission to LAFCO. Staff will check regarding possible
future reimbursement frolll the State if Saratoga-Sunnyvale road is widened
bv the City before State funds are available. Council requested that
a report raaardt»g the existing capital improvem~nts in the boundary
study area be presented at the September 5. 1978. lIIeeting.c
35. Policy Guidelines for recognition of existing land use in Boundary Study Area.
It was moved by Counc. Sparks, seconded by Counc. Meyers and pasEed unan-
imously to adopt the General Plan Objectives and Policy with the following
amendm~nts:
Include in the paragraph headed "AssUlllpt:l,on" a statement that the policy
is based upon cupertino's present ordinan~es and may be changed at some
future date. On page 1, Obj"ct1ve A, line 5, change "town" to "City of
Cupertino". Page 3, under "Timin¡¡", line 5" change "will be accomplished"
to "may be accomplished, but if not, IIIOst Ltkely there would be all interim
zone enar.ted".
It was moved by Counc. Sparks, seconded by Counc. Meyers and passed unan-
imously to adopt Land Use Regulations.
36. Resolution No. 4784: "A Resolution of the City Council of the City
of Cupertino Adopting Cupertino Water Utility Budget 1978-1979."
It was moved by Counc. Sparks, seconded by Counc. Meyers and passed unan-
imously to adopt Resolution No. 4784.
Cou~cil requested that staff prepare a Resolution of Commendation for Mr.
Bob Dockins. Council, by consensus, adopted staff recommecdation regarding
bimonthly/monthly reading of meters and requested the information be pub-
lished in the next issue of the Cupertino Scene.
WRITtEN COMMUNICATIONS
37. None
..., """,s;>"~""'I'f,',,~~; '''!"''c~·f'r''''ë'><:',,,.,?,.~~Ji.~~~'"''-''· .-',"--~~
~ ,-
~llNUTES OF THE AUGUST '21, l!1'&, Cl'N CO\Nt,t \4I.rU~
ORDINA.~CES
.
38. Secon-:i reading o~ Ordinance No. 689: "An Ordinance of tbe r.ity of
Cup"rtino Amending Section 1 of Ordinance 110. 2 by Rezoning ApprClxi-
I118tdy 2.3 Acrea frOll P to IlC¡ Located on the Southwest Corner of
Pacifica Drive and Whitney W.y."
It was moved by Counc. Heyers, aecond..d by Counc. Rogers and passed uuan-
imously to read Ordinance No. 889 by title only, the Mßyor's reading to
constitute the second reading.
It was moved by Counc. Meyers, seconded by Counc. Sparks and passed with
Counc. Jackson abstainina to enact Ordinance No. 889.
39. Second reading of Ordinance No. 890: "An Ordinance of the City of
Cupertino Amending Section 1 of Ordinance No. 2 by Pre zoning Approxi-
mately 1.56 Acres frolll Santa Clara County R-3h Zone and City of Cuper-
tino Pre Rl-7.5 Zone to City of Cupertino Pre-RlC Zone to Permit the
Construction of Eight (8) Single-Family Cluster Homes; Located on the
Southeast r.orners of Byrne Avenue and Stevens Creek Boulevard. 10
It was moved by Counc. Meyers, seconded by Counc. Sparks and passed unan-
imously to read Ordinance No. 890 by title only and the Mayor's reading to
con~titute the second reading.
.
It was moved by Counc. Meyers, seconded by Counc. Rogers and passed unan-
imously to enact Ordinance No. 890.
40. Second reading of d,'dinance No. 895: "An Ordinance of the City of
Cupertino Repealing Chapter 10.24 of the Cupertino Municipal Coée, Re-
lating to Fireworks."
It was moved by ~unc. Meyers, seconded by Counc. Rogers and passed unan-
imously to read Ordinance No. 895 by title only and the Mayor's reading to
constitute the second reading.
It was moved by Counc. Rogers, seconded by Counc. Sparks and passed unan-
imously to enact Ord. No. 895.
41. Second reading of Ordinan~e 110. 888: "An Ordinance of the City of
Cupertino Amending Section 1 of Ordinance No. 2 by Prezoning a
Parcel of Approximately .43 Acres from Sants Clara Coanty R2-8LH
to the City of Cupertino RI-7.5 Zone; Located on the East Side of
Herriman Road Approximately 300 Ft. Northerly of Santa Lucia ROdd."
It was moved by Counc. Meyers, seconded by Counc. Rogers and passed unan-
imously to read Ordinance No. 888 by title only 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 Ord~nance No. 888.
"
.,1!,'
;,,;{',.
CC-43Z
Page 7
Second read-
ing of Ord.
No. 889
Ord. No. 889
enacted
Second read-
ing of Ord.
No. 890
Ord. No. 890
enacted
Second read-
ing of Ord.
No. 895
Ord. No. 895
enacted
Second read-
ing of Ord.
No. 888
Ord. No. 888
enacted
CC-'432
Pit 8
Res. No. 4788
adopted
Reconunendation
re HCD grants
Landscaping
at McClellan
percolation
pond
ASAC minutes
and staff sup-
port policy
R. of re-
port scheduled
Criminal J\os-
tice report
Nomination to
be considered
Safety fea-
tures on
Lazaneo
LRC recommen-
dations
License fee
waived
It.removed
from Consent
Calendar
'." :',~ ,....'! ë"-!.'r?"'.-'-'" - --
"",. "'~~~~-~~,~";~",~~ :':'''~;';~~~:?'''~~~~'~~~'~~~~J?'r'''t~''~'-
~INUTES OF THE AUGUST 21, 1978, CITY COUNCIL MEETING
RESOLUTIONS
42. Resolution No. 4788s "A "solution of the City Councll of the City
of Cupertino Express1n& Intent to Impl_t Those Portion of the
ABAG EnviroDlDentaI M8Ðas_ent Plan Relatins to Water Qo.1al1ty. II
It was moved by Counc. Meyers, seconded by Counc. Sparks and passed unan-
imoualy to adopt Resolution Bo. 4788.
STAFF REPORTS
43. Oral reports by staff members and submission of written r'!ports.
The CIty Manager will presœnt to Council a recommendation regarding Urban
County RCD grants between September 6 and September 19.
It was moved by Counc. Sparks, seconded by Counc. lleyers and passed unan-
imously that a letter be prepared for the Mayor's signature to be sent to
the Santa Clara Valley Water District Board asking recDnsijeration of land-
scaping at McClellan Road Percolation Facility.
By consensus, Council requested that
and reasons for dissent when known.
policy will be held in 6 months.
ASAC minutes show dissenting votes,
A review of the new .\SAC staff suppDrt
By consensus, Council agreed that a review of Final Report of Santa Clara
County Grand Jury Transportation Committee will be scheduled for the September
18 Council meeting.
Council determined by consensus that a report on Regional Criminal Justice
consortium, sans San Jose or County, will be presented at the September 5
Council meeting.
Council agreed by consensus that at their September 5 meeting they will èonsider
a nOlllination for the General Plan Advisory Committee to be appointed by IGC.
By consensus it was agreed that staff will present Council with a report
concerning safety features being implemented along Lazaneo Drive at their
September 5 meeting.
COUNCIL REPORTS
It was moved by Counc. Meyers, seconded by Counc. Sparks and passed unan-
imously to follow the recODAendation of the Legislative Review COIIIIIIlttee
which was to oppose AB 3819, SB 1757 and SB 1297 and request more infor-
mation on SB 2223. Counc. directed staff to send letters thanking those
voting against AB 2744.
It was moved by Counc. Sparks, seconded by Counc. Rogers and passed unan-
imously to waive the business license fee for the Leukemia Society of
America.
At Counc. O'Keefe's request, Council, by consensus, removed Agenda Item
No.8 from the Consent Calendar and voted with all members present.
,...':~~.-
"
·
·
·
- ,','-"-
"..".'-
~"".....
~ ": ~",' ". :,'.
~ .,-, ~. ""N"
,.,.."";,."'~,'1':"~. .
' -' ",'. ',~""
';'?
MINUTES OF THE AlJG"úST 21, 1978, CITY COUIICIL MEETING
Resolutiou·Bo. 4182,vas adopted with Counc. O'le.fa di..ent1na·
:< I. ',:~:~S':';~':":).~":,j .,j,;¡~~" ¡~,:'llJ·lut.:.'')H ~..;>. ~7'J:!.
Ai 12:05 a.m, Council adjourned to an Executive Sas.ion.to discuss possi-
b e Udgation,
Council reconvened in public session at 12:25 a.m. and Mayor Jackson
adjourned to the regular lIIeetina of September 5, 1978 at 7:30 p.m.
~ß"
Deputy City Cl k
;',' '.v
cc-432
Pale 9
Res. Bo. 4782
adopted
Executive
Ses.ion