CC 06-05-78
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ctTY OF CUPERTINO, STATE OF CALIFORNIA
10300 Torre Avenue, Cupertino, California 95014
Telephone: 252-4505
K1!IIJTES OF THE REGULAR KEBTDIG OF THE CITY COUNCIL
HELD ON JUNE 5, 1978, IN 'lBB COUNCIL CHAMBER, CITY HALL
CUPERTINO, CALIFORNIA
SALUTE TO THE FLAG
The Kayor called the 1III!etina to order at 7:30 p.lII. in the Council Chamber
of City Hall.
ROLL CALL
Counc. Present: Meyera, O'Keefe, Rogers, Sparks, Mayor Jackson
Staff Present: City Manager Quinlan
Director of Administrative Services Ryder
Director of Planning and Development Sisk (9:10 p.m.)
Assistant Planning Director Cowan
Director of Parks and Recreation Butler (8:30 p.m.)
Director of Public Works Viskovich (7:40 p.m.)
City Attorney Adams
CONSENT CALENDAR
Item N~. 12 was removed at the request of staff.
It was moved by Counc. O'Keefe, seconded by Counc. Sparks and passed unan-
imously to approve the balance of the Conscnt Calendar.
1. Resolution No. 4707: "A Resolution of the City Council of the City
of Cupertino Allowing Certain Claims and Demands Payable in the
Ainounts and from the F..mds ~s Hereinafter Described for G!!neral and
Miscellaneous Expenditures for the Seven Day Period Ending May 15,
1978."
2. Resolution No. 4709: "A Re~olution 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 General and Miscel-
laneous Expenditures for the Seven Day Period Ending May 22, ..978."
3. Resolution No. 4710: "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 Salaries and
Wages for the Payroll Period Ending May 23, 1978."
4.
Resolution No. 4712: "A Resolution of the City Council of the City
of Cupertjno Accepting Grant of Easement for Roadway Purposes from
A. & R. Leasing, a Partnership, Consisting of approximately 0.0397
Acres, Located Along the North Side of Stevens Creek Boulevard Just
West of Blaney Avenue."
5.
Resolution No. 4713: "A Resolution of the City
Cupertino Extending the Existing Traffic Signal
Increases in Certain Labor Rates."
, .,¡.I'··
CC-417
Pale 1
Item removed
fron Con. Cal
Balance of
Consent Cal.
approved
Council of the City of
Contract and ApprOVingl
'I' ,
_'~ _" ~_..,1.t..-~ ¡.~_
Cé-417
Ie 2
.
.
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MINUTES OF THE JUNE 5, 1978, CITY COUNCIL MEETING
6. Resolution No. 4714: "A Resolution of the City Council of the City
of Cupertino Authorizing Execution of Deferred IIIprove_nt Agreeant
Between tho City end Griffin and Murren Coll8truction, Inc. and Be1ll11..
R. Norman and Linda Suzanne Norman; Property Located at the Southeeat
Corner of Crescent Road and Hillcrest Road."
7. Resolution No. 4715: "A Resolution of the City Council of the City
of Cupertino Authorizing Execution of Indenture Between the City and
Southern Pscific Transportation Company Providing for the 4I.òdIII".,
of Southern Pacific Right-of-Way at Stevens Creek Blvd. for Storm Drsin
Purposes in Colljunction with Measurex Project."
8. Resolution No. 4716: "A Resolution of the City Council of the City
of Cupertino Authorizing Execution of Local Agency-State Agreement
to Convert Storm Drain Grates."
9. Resolution No. 3873.32: "A Resolution of the City Council of the City
of Cupertino Approving Contract Change Order No. 5 for Vallco Park
Assessment District 1974-2."
10. Resolution No. 4717: "A Resolution of the City Council of the City
of Cupertino Approving Parcel Map of Property Located Along Valley
Green Drive; Developer, Falk and Barnhart; Authorizing Execution of
Improvelllent Agree~ent; Authorizing Signing of Parcel Map."
11.
Resolution No. 4718: "A Resolution of the City Council of the Cit}"
of Cupertino Approving Contract Change Order No. 1 for corporation
Yard Project, DPW 78-Gl, rDA 07-51-21353, Contract No.3, Concrete
and Masonry."
13. Minutes of regular meeting of May 15, 1978. (CC-415)
4. Minutes of adjourned regular meeting of May 16, 1978. (CC-416)
5. Resolution 1>0. 4721: "A Resolution of the City f.ouncil of the City
of Cupertino Making its Order Describing the Boundaries Designated
as 'San Felipe 78-3' to be Annexed to the City snd Ordering Annexations
to the City ~ithout Public Hearing as Provided by Law; Approximately
1.13 Acres; Located at the Southwe3t Corner of Alcalde Road and San
Felipe Road."
6. Resolution No. 4722: "A Resolution of the City Council of the City
of Cupertino Making its Order Describing the Boundaries Designated as
'Santa Clara 78-~' to be Annexed to the City and Ordering Annexations
to the City Without Public Hearing as Provided by Law; Approximately
0.19 Acre; Located on the West Side of Santa CIsra Avenue Between Grand
Avenue and Alhambra Avenue~"
Members of the City Couucil
Meyers, O'Keefe, Rogers, Sparks. JacKson
None
None
None
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MINUTES OF THE JUNE 5, 1978, CtTY COUNCtL MEETING
.
ORAL cotIKUNlCATIONS
17. None
PUBLIC HEARINGS
18. Consideration of submission of a request to the State of California,
Office of Plannina and Research to grant a one year extension for
completion and adoption of Mandatory General Plan Elements.
It was œoved by Counc. Meyers, seconded by Counc. Sparks and passed unan-
imoualy to continue the public hearing to the lIIe&ting of June 19, 1978.
19. Application 3-Z-78 of Domus Development Corporation: Rezoning 1.79
acres from Rl (Residential, single-family) and R3 (Reside~tial, lIIul-
ti-family) to P (Planned Development with single-family residential
cluster intent) Zone. Said property is located adjacent to and nor-
therly of Stevens Creek Boulêvard approximately 100 ft. east of
Randy Lane. Recommended for approval.
.
(a) First reading of Ordinance No. 875: "An Ordinance of the City
of Cupertino Amending Section 1 of Ordinance No. 2 by Rezoning
1.79 Acres from Rl and R3 to P; Located Adjacent to and Norther
ly of Stevens Creek Boulevard Approximately 100 Ft. East of
Randy Lane."
Presentations - Max Woo, applicant; Herman Bustamonte, Wheaton Drive;
William J. Clark, Wheaton Drive; Pauline Lee, Wheaton Drive
It was moved by Counc. O'Keefe, seconded by Counc. Sparks and passed unan
imously to close the public hearing.
It was moved by Counc. Rogers, secor.ded by Counc. O'Keefe and passed unan
imously to reopen the public hearing.
Presentations - TErry McMahon, attorney for property owner; Steve Kellen-
berger, developer and property owner representative
It was moved by Counc. Meyers. seconded by Counc. Sparks and passed unan-
imously to continue this application to the July 17, 1978 meeting.
It was moved ~y Counc. Meyers, seconded by Counc. O'Keefe and passed unan
imously thAt the applicant attempt to fix the location of the fences to
the north so as to address those questions raised at the meeting. These
questions related to present ownership of existing fences, plans for
newly installed fencing and the coordination between existing and new
fencing.
21. Vacation of Mariani Avenue.
.
(a) Resolution No. 4719: "A Resolution of the City Council of the
City of Cupertino Ordering Vacation of Portions of Mariani
Avenue as Provided in Section 8320 et seq. of the Streets and
Highways Code of the State of California; Retaining Portions
as Public Utility Easelllents, Sanitary Sewer Easements, Landscape
Easelllents, Pedestrian and Bicyc'.e Easements."
CC-4l7
Page 3
Public hear-
ing continued
Public hear-
ing closed
Public hear-
i.lg reopened
3-Z-i'8 con-
tinued
Fence loca-
tion
CC-4l7
P.4
Pub 11 c hear-
ing closed
R"s. No. 4719
adopted as
amended
Courtesy
warning to be
posted
.
Public hear-
ing closed
7-7-78
approved
.
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MINUTES OF THE JUNE 5, 1978, CITY COUNCIL MEETING
Presentationa - Tracy El18worth, Merritt Drive; Jerry Kregar, Merritt Drive;
Carl Leinfelder, Merritt Drive; RÐx Sharp, Orange Tree Lane; Donna Booth,
Carol Lee Drive; Claudio Serrifini, Merritt Drive; Cheryl Kreger, Merritt
Drive; Tony Wiae, Forest Avenue; Jl>h;l McGuigan, Hiner PIa".; Mrs. RaapD,
Merritt Drive; .1--.8 Ni88en, Miner Place; Ed Prow8e, Virginia Swan Place;
Jill Hath_ay, area resident; James Lee, Parlette Place; Jame8 Lanpaclr..
Miner Place.
It was moved by Counc. O'Keefe, seconded by Counc. Rogers and pa8sed uuaD-
imoualy to cl08e the public hearing.
It was moved by Counc. Meyers, seconded by Couac. O'Keefe and passed unan-
imously for the adoption of Resolution No. 4719 which had inserted the
following findings substantiating the ordering of vacation of portions
of Y.ariani Avenue: "wm.iŒAS, there are available alternate streets which
provide acceS8 to said aLea; and WHEREAS, said streets have presently avail-
able traffic capacity; and WHEREAS, previous data has indicated adverse
traffic safety impacts due to the continuation of Mariani Avenue as a
through street. II
The staff was requested to affect permanent closure only after the posting
of a courte8Y w~rning to motorists that such closure would be forthcoming.
20. Application 7-Z-78 of Lambert, Newman, Douglas (c/o Richard Childre8s):
Pre zoning (7-Z-78) approx1lllately 36.3 acres frolll City of Cupertino pre
RI-100 (Residential, Single-family, 100,000 sq. ft. minimum lot area
per dwelling unit), pre Rl-40 (Residential, Singl~-family, 40,000 sq.
ft. minimum lot area per dwelling unit) and Santa Clara County A
(Exclusive Agriculture) to City of Cupertino pre Rl-80; 3.2 acres
frolll Santa Clara County A (Exclusive Agriculture) to City of Cupertino
pre Rl-60 (Residential, Single-family, 60,000 sq. ft. minimum lot size).
Said property is located at the westerly terminus of Lindy Lane.
Recommended for approval.
(a) First raading of O-dinance N". 876: "An Ordinance of the City
of Cupertino Amend. '~ Section 1 of Ordinance No. 2 by Pre zoning
Approximately 36.3 Acres from City of Cupertino Pre Rl-IOO, Pre
Rl-40 and Santa Clara County A to City of Cupertino Pre Rl-80;
3.2 Acres from Santa Clara County A to City of Cupertino Pre Rl-60;
Located at the Westerly Terminus of Lindy Lane."
Presentations - Richard Childress, Regnart Road; Juanita McLaren, Lindy
Lane; Mel Douglas, Lindy Lane; .10 Ann Gholson, Regnart Road
It was moved by Counc. O'Keefe, seconded by Counc. Rogers and passed unan-
imously to close the public hearing.
It was moved by Counr. Meyers, seconded by Counc. Sparks and passed unan-
imously to approve Application 7-Z-78.
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Pl..ANNING APPLICATIONS
B. Application 9-TM-78 of Lambert, Newman, Douglas (c/o Richard Chil-
dress): Tentstive Hap (9-~78) to subdivide approximately 39.5
acres into 15 sin&le-fad.ly loU, ranging frOlll 1.5 aCres to 3.5 acra.
in sbe. Said prop..:·ty ú located at the westerly terminus of Lindy
Lane. RecOlllllel\ded for approval.
It was moved by Ccunc. Meyoars, seconded by CoIØlC. O'Keefe and passed unan-
imously to approve Application 9-TH-78 pursuant to Planning CoIIIaission Res
olution No. 1840 with the following amendments:
a. Condition No. 16 to have the fin.. sentence read, "The grading con-
cept and building location for each lot shall substantially reflect
Exhibit "A" 1st Revision of 9-TM-78 except for Lot 4 which shall be
approved by the City Council at a later meeting but prior to the
final recordation of the map."
b. Condition 19 shall have the last sentence read, "Said easement shall
be recorded at such time or prior to recordation of the final map."
c. Condi tion No. 20 shall have added the following paragraph: "The
reciprocal maintenance agreement ahall contain a provision granting
the City authority to periodically inspect fire emergency access
roads and gates and to require repairs if necessary. If repairs are
not made, the City shall have the authority to make repairs and
recover costs from the property owners by the reciprocal agreement~"
It was moved by Counc. Meyers, seconded by Counc. Sparks and passed unan-
imously that Ordinance No. 876 be given its first reading.
The staff was requested to obtain from the attorney for the proposed
Regnart Assessment District an opinion on those issues raised in the
written communications received from Cecil Mahon and David and Val DuFault
requesting that their names be removed from the proponent list of the pro-
posed assessment district.
The Mayor adjourned the meeting at 12:06 a.m. to 7:30 p.m., June 6, 1978.
,
CC-417
Page 5
9-TM-78
approved as
amended
First reading
of Ord. No.
876
Opinion re-
quested from
attorney for
assessment
district
.