CC 04-17-78
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CITY OF CUPERTINO, STATE OF CALIFORNIA
10300 Torre Avenue, Cupertino, California 95014
Telephone: 252-4505
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL
HELD ON APRIL 17, 1978 IN THE COUNCIL QWlBER, CITY HALL
CUPERTINO, CALIFORNIA
SALUTE TO THE FLAG
The Mayor called the meeting to order at 7:36 p. III. in the Council Chamber
of City Hall.
ROLL CALL
COl'.ne ~ Present:
Meyers, O'Keefe (9:02 p.m.), Rogers, Sparks, Mayor
Jackson
Staff Present:
City Manager Quinlan
Director of Administrative Services Ryd~r
Director of Planning and Development Sisk
Director of Public Works Viskovich
Director of Parks and Recreation Butler
City Attorney Adams
conSENT CALENDAR
Items 6, 7 and 9 were removed from the Consent Calendar.
The balance of the Consent Calendar was approved on motion of Counc.
Spal:ks. seconded by Counc. Meyers and passed unanimously with Counc. O'Keef
absent.
1. Resolution No. 4684: "A Resolution of the Cicy Council of the City
of Cupertino Allowing Certain Claims and Demands Payable in the Amount
and from the Funds liS Hereinafter Described for General and Miscel-
laneous Expenditures for the Four Day Period Ending March 31, 1978."
2. Resolu tion No. 4685: "A Resolution of the City Council of the City
of Cupertino Allowing Certain CIa ills and Demands Payable in the
.~ounts and from the Funds as Hereinafter Described for General and
11iscellaneous Expenditures for the Ten Day Period Ending April 10,
;.978. "
3. Resolution No. 4686: "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 S&laries and
Wages fot the Payroll Period Ending April 11, 1978."
4.
Resolution No. 4689: "A Resolution of the City Council of the City of
Cupertino Authorizing Execution of Agreement for Contingency Parking
Area, Sun..y View Lutheran Home, Old Cupertino Road and Foothill Boule-
vard."
CC-411
Page 1
Items
removed, Con-
sent Calendar
approved
CC-411
P.2
.
HC-5l,002.l7
approved
HC-5l,453.l
a.ved
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MINUTES OF THE APRIL 17, 1978, CITY COUNCtL MEETING
5. Application HC-51,437.1 - Steve L. Stockwell and Lynn A. Hethcuck
(S?innin' Wheels Skate park) requeatiøg modification of architecture
for a skateboard recreation park located adjacent to and westerly
of Stelling Road. RecoDlllended for approval.
8. Waiver of business license fee for Delancey Street Foundation, Inc.
Vote Members of the City Council
AYES:
¡IDES:
ABSENT:
ABSTAIN:
Meyers, Rogers, Sparks, Jackson
None
O'Keefe
None
ORAL CO~œuNICATIONS
]0. None
PUBLIC HEARINGS
11. None
PLANNING APPLICATIONS
12. None
AIlCHlTECTURAL AND SI'::E APPROVAL COMMITTEE APPLICATIONS
13 . None
ITENS REMOVED FROM CONSENT CALENDAR
6. Application HC-5l,002.17 - Michael G. Pisano requesting approvsl of site,
architecture, landscaping, tl'P'ft1Î!h' and grading for construction
of a triplex located adjacent to and easterly of Alpine Drive approxi-
mately 300 ft. from the intersection of Foothill Boulevard and Al-
pine Drive. Recommended for approval.
It was moved by Counc. Meyers, seconded by Counc. Sparks and passed unan-
imously with Counc. O'Keefe absent to approve Application HC-51,002.17
pursuant to Architectural and Site Approval Committee Resolution No. 797.
7. Application HC-51,453.l - Robert Alarik Peppari (Dc-Nut Wheel) re-
questing approval of site, architecture, landscaping, lighting
and grading for a doughnut shop located at the southeast corner of
the intersection of De Anza Boulevard and Lazaneo Drive. Recommended
for approval.
It was moved by Counc. Sparks, seconded by Ccunc. Rogers and passed
unanimously with Counc. O'Keefe abséni to approve Application HC~5ì,453.l
pursuant to Architectural and Site ApprOÝal Committee Resolution No. 798.
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MINUTES OF THE APRIL 17. 1978, CITY COUNCIL HEETIKG
UNFINISHED BUSINESS
15. Approval of amended .!nutes of Karch 20, 1978.
Postponed until later in the llleetina awaiUna Counc. O'Keefe's presence.
16. R~port regarding use of TDA funds for transporting handicapped tot
from Senior Nutrition Center.
It was moved by Counc. Meye rs, seconded by Counc. Rogers and passed unan-
imously with Counc. O'Keefe absent to accept the staff recommendation that
the City submit a proposal for one program only, that beina the noontime
shuttle in conjunction with the traffic reduction program underway within
Vallco Park.
17. Report on substitution of attorneys for Regnart Assessment District.
(a) Resolution No. 4466.3: "A Resolution of the City Council of the
City of Cupertino Amending Resolution No. 4466, 'A Resolution
of the City Council of the City of Cupertino Appointing Engineer
and Attorneys', Regnart Road Local Improveaent DlBtrict."
It was moved by Couuc. Meyers. seconded by Counc. Rosers and pasaed with
Counc. Sparks dissendna and C'ounè.·O'Këéfé ab9èÌtt'~ò"aiiprove be design
of the parking layout as presented.
18. Approval of MCClellan Ranch Park entrance and -..orial design.
It was moved by Counc. Sparks, seconded by Counc. Rogers and passed unan-
imously with Counc. O'Keefe absent to approve the design of the parking
layout as presented.
Presentations - Nancy Hert~rt, San Juan Road; Lonnie Toensfeldt, Parks and
Recreation Commission; Henrietta Marcotte, Los Altos.
It was the consensus of the Council that the Parks and Recreation Commis-
sion be given the freedom to explore any idea on the design and place-
ment of the memorial marker or to recommend that design which previously
had been approved.
It was moved by Counc. Meyers, seconded by Counc. Sparks and passed uoan-
imously that the recommendation for the memorial marker design be returned
to the City Council during the month of June, 1978.
ITEMS REMOVED FROM CONSENT CALJ:;NDAR
9. Minutes of regular meEtiug of April 3, 1978. (CC-410)
It was moved by Counc. Meyers, seconded by Counc. Rogers and passed unan-
imously to approve tne minutes of the April 3, 1978 meeting.
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CC-411
Page 3
Postponed
Proposal re
Vallco
shuttle
Res. No.
4466.3
adopted
Parking lay-
out approved
P & R Comm.
free to ex-
plore and
recoDlDend
Matter to
return to
Counc. in
June
April 3
minutes ap-
proved
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CC-411
Pi 4
Me rch 30 min-
utes contin-
ued
Recommenda-
t ions to be
sent to PPC
Rogers alter-
nate to ABAG
.ded pol-
icy re Counc.
correspondenc
Alloca t ion
of bnds for
correspondenc
Claim referre
to City Atty.
Rogers ap-
pointed to
Trianon Board
Ranations
accepted from
MCCloskey
Skidmore and
Markkula
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HlNUTES OF THE l.palL 17, 1978. CtTY COUNCIL HJŒTlNG
UNFINISHED ðJSIh1ESS (continued)
15. Approval of ameoded minutes of Karch 20, 1978.
The minutes of Karch 20 were continued to the next meetir¡1 of the City Council
on motion of Counc. Heyers, seconded by Counc. Rogers and passed unt:nilllOualy.
NEW BUSINESS
19. Plannina Commission recommendation regarding Planning Policy Committee's
Trails and Pathways Master Plan.
tt was moved by Counc. Heyers, seconded by Counc. Sparks and passed unan-
imously to concur in the recommendation of the Planning Commission as
stated in its Resolution No. 1824 and to forward these comments to the
Planning Policy Commission.
20. Request for appointment of alternate to Association of Bay Area Govern-
ments.
Mayor Jackson appointed Counc. Barbara Rogers as the alternate City rep-
resentative to ABAG.
21. Request for reconsideration of policy relating to Council members'
correspondence.
It was moved by Counc. Meyers, seconded by Counc. Sparks and passed unan-
imously that the policy relating to Councillllembers' corresondence be
amended to provide that any letters on City stationery involving the use
of staff are to have a master file copy and that the distribution of such
letters be at the discretion of the Councilmelllber originating them.
It was the consensus of the Council that therp be discussed during the
budget study sessions the various aspects of allocating funds to each member
of the Council for use in preparing that Councilmember's correspondence.
22. Subrogation claim for damages from State Farm Mutual Automobile
Insurance Company: Janet Fksa, in8ured~
It was moved by Counc. Meyers, seconded by Counc. Rogers and passed with
Counc. Sparks abstaining to refer the claim to the City Attorney.
23. Appointment of City representative to the Trianon Advisory Board.
Mayor Jackson appointed Counc. Barbara Rogers as the City's representative
on the Trianon Advisory Board.
WRITTEN COMMUNICATIONS
24. Resignation of Conrad W. McCloskey from the Water Commission.
It was moved by Counc. Meyers, seconded by Counc. Rogers and passed
unanimously to accept the resignations of Conrad McCloskey fron the Water
Commission, Geoffrey Skidmore from the Water Commission and A. C. Markkula
from the Planning Commission.
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HINUTE~ OF THE APRIL 17, 1978, CITY COUNCIL MEETING
It was moved by Counc. O'Keefe that procedures be establiahed for direct
appointment by each member of the City Council to s specified seat on .ac
commission when that seat becomes ~acant. This DDtion waa withdrawn, aDd
it was moved by Counc. O'Keeh, seconded by Counc. Rogers and paesed unan
I~usly that the matter be placed on the next agenda fo. further discuB-
slona
25. Offer frOlll Flycaste~s, Inc. on possibility of joint effort towa~d the
restoration and refu~bishing of the old barn at McClellan Ranch :~arlt.
It was moved by Counc. Rogers, seconded by Counc. Sparks and passed unan-
imously to refer to the staff and the Parks and Recreatil~ Commission the
initiation of discus~ion on the proposal by the Flycastera club relating
to restoration and use of the McClellan Ranch Park main barn.
ORDINANCES
26. Second reading of Ordinance No. 867: "An Ordinance of the City of
Cupertino Amending Section 1 of Ordinance No. 2 by Pre zoning Approxi-
mately 0.68 Acres from Santa Clara County RHS to City of Cupertino
RI-30; Located Adjacent to and Southerly of EI Cerrito Rd. approxi-
mately 400 Ft. Southerly of the Intersection of San Juan Rd. and El
Cerrito Rd."
It was moved by Counc. Meyers, seconded by Counc. Rogers and passed unan-
i~usly to read Ordinance No. 867 by title only and the Mayor's reading
t. constitute the second reading.
It was moved by Counc. Meyers, seconded by Counc. Rogers and passed unan-
im<'usly to enact Ordinance No. 867.
27. Second reading of Ordinance No. 868: "An OrdinancE of the City of
Cupertino Amending Section I of Ordinance No. 2 by Prezoning Two Ex-
isting Lots Consisting of 0.48 Acres from Santa Clara County RI-8 to
City of Cupertino Rl-7.5; Located on the North Side of McClellan Rd.
Approximately 200 Ft. Westerly of the Intersection of Orange Avenue."
It was moved by Counc. Meyers, seconded by Counc. Rogers and passed unan-
imously to read Ordinance No. 868 by title only and the Mayor's reading
to constitute the second reading a
It was moved by Counc. Meyers, seconded by Counc. Rogers and passed unan-
imously to enact Ordinance No. 868.
28. Second reading of Ordinance No. 869: "An Ordinance of the City of
Cupertino Amending Section I of Ordinance No. 2 by Prezoning 0.16 Acre
from Santa Clara County R3-2.4 to City of Cupertino Rl-7.5; Located on
the Southerly Side of Olive Avenue Approximately 100 Ft. Easterly of
Orange Avenue."
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CC-411
Page 5
Direct ap-
pointment by
Council mem-
bers of
c08llldssioners
agendized
Dilocussion
on Flycasters
propoaal
Second read-
ing of Ord.
No. 867
Ord. No. 867
enacted
Second read-
ing of Ord.
No. 868
Ord. No. 868
enacted
-,,'
.
~411
P.6
SeceDe:! read-
ing of Ord.
No. 869
Ord. No. 869
enacted
Res. No. 1:687
adopted
Res. No. 4688
alted
Moving and
preservation
of Baer
Houst::
City's posi-
tion on ex-
penditure of
HC'J money
County role
in housing
.
4-H club
granted
permit
n '"'
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MINUTES OF THE APRIL 17, 1978, CITY COUNCIL HEETIJIG
It was lIIove~ by Counc. Meyers, ..conded by Counc. O'Keefe and passed
unanimously to read Ordinance No. 869 by title only and the Mayor's "..ding
to constitut~ the secOQd readina.
It was Moved by Counc. Meyers, seconded hy Counc. O'Keefe and passed
unanimously to enact Ordinance No. 869.
RESOLUTIONS
29. No. 4687: "A Resolution of the City Council of the City of Cupertino
Exercising Option to Purchasp. Lot 59 of Real Property from Herman
Christensen, Jr. and Raymond P. Christensen; Northwest Corner of
Stelling Road and Alves Drive."
It was lIIoved by Counc. Meyc¥s, seconded by Counc. O'Keefe and passed
unanimously to adopt Re~Jlution No. 4687.
30. No. 4688: "A Resolution of the Cily Council of the City of Cupertino
Accepting a Grant Deed of Real Property frDæ Herman Christensen, Jr.
and Raymond P. Christensen; Northwest Corner of Stelling Road and
Alves Drive."
It was mo~~d by Coune. Meyers, seconded by Counc. O'Keefe and ~assed
unanimously to adopt ,esolution No. 4688.
STAFF REPORTS
31. Review and discussion of historical significance of Wilson/Baer House.
Presentations - Hazel Fretwell, Cupertino; Ed Brogan, Saratoga
It was moved by Coune. Meyers, seconded by Coune. Sparks and passpd
una~imously to refer to staff for investigation the possibility of assis-
tance in the moviug and preservation of this structure.
32. Oral reports by staff members and submission of written reports.
It was moved by Counc. Meyers, seconded hy Counc. Rogers and pEssed
unanimously that a letter be sent to the County with copies to the .lOn-
entitlement cities that it was this City's position that the Housh,S
and Community Development money could better be spent for field cperations
rather than through the increase of staff at thp. County level.
The issue of the role of County government in housing is to be placed
on the agenda for the next regular City Council meeting.
NON-AGENDA BUSINESS
33. Recognition by Mayor of special requests.
(a) General Audience
It was moved by COUDC. O'Keefe. seconded by Counc. Rogers and passed
unanimously that the 4-H Club be granted 3 solici~ation permit with the
waiver of tne usual business lie~nse fee for a May 13, 1978 pancake breakfast.
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MINUTES OF THE APRIl. 17, 1978, CITY COUNCIL MEETING
(b) City Council
It was the consensus of the Council tha~ no acti~n be taker. On the requeat
of a Southern California attorney for aupport On a propoaed initiative re-
lating to public nuisance abatement.
It was the consensus of the Council that a prop~sed summer picnic for com-
missioners not be instigated on a recurring basis and that the Kayor and
the Chairwoman of the Parks and Recrestion Commission discuss the matter
further.
The Staff was requested to place on the agenda for the next regul&r City
Council meeting discussion on the propoced ICC lIIeeting in Asilomar during
the month of October 1978.
St3ff was requested to p:ace on the agenda for the next regular City
Council meeting the review of a proposed County ordinance relating to the
Co~nty Justice System Advisory Board.
It was moved by Counc. 14eyers, seconded by Counc. S~arks and passed unan-
imously to adopt the recommendations of the Legislative Review Committee
that the City take nc action on AB 7X, AB 3501 and AB 3478; to support AB
2224; to oppose AB 2885, AB 3653 and AB 3696; and to obtain copies and
further study AS 3077 and AB 3543.
The Mayor adjourned the ~eeting at 11:09 p.lII. to 6:00 p.m., April 18,
1978 in in the Conference RoolII for the interviewing of candidates for
commission vacancies.
City Clerk
CC-411
Pase 7
No action on
proposed in-
itiative
Picnic for
coDDissioners
ICC meetin~
pt Asilomar
Review of
County ord.
re Justice
Board
Recommenda-
tions of LRC
adopted