CC 04-03-78
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CITY CF evrPTIBO, STATE OF CALIFORNIA
10300 Torr. Aveoue, Cupertino, California
Telephoa., 252-4505
IIIlIUTES OF THE IU!GUl.AR HEETING OF THE CITY COtJRCIL
HELD ON APRIL 3, 1978, III 'lBB COUNCIL œAK&\!R, CITY HALL
CUPERTINO, CALIFORNIA
SALUTE TO THE FLAG
The Mayor called the meeting to order at 7:30 p. III. in the Council Chamber
of City Hall.
ROLL CALL
Counc. Present: Meyers, O'Keefe, Rogers, Sparks, Mayor Jackson
Staff Present: City Manager Quinlan
Director of Administrative Services Ryder
Director of Planning and Development Sisk
Director of Public WOlks Viskovich
Director of Parks and Recreation Butler
City Attorney Adame
CONSENT CALENDAR
Items 10, 12 and 13 were rellloved from the Consent Cal~ndar. Th~ balance of
the Consent Calendar was approved on mot ion of Counc. Sparks, second of
Counc. O'Keefe and passed unanimously.
1. Resol'ltion No. 4678: "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 fo~ General and
Miscellaneous Expenditures for the Seven Day Period Endtng March 20,
1978."
2. Resolution No. 4679: "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 General and
Miscellaneous E~enditures for the Seven Day Period Ending March 27,
1978."
3. ,,'qolution No. 4680: "A Resolution of th.. City Council of the City
of Curertino Allowing Certain Claims and Demands Payable in the
Amounts and from the Funds as Hereinafter DescTl~ed ¿or Salaries Hnd
Wages for the Payroll PeÜod Ending March 28, 1978."
4. Resolution No. 4681: "A Resolution of the City Council of the City
of Cupertino Accepting Grant of Easement for Roadway Purpose.. from
C2lifornia Water Service Company, Located along Greenleaf Drive."
5.
Resolution No. 4682: "A Resolution of the City Council of the City
of Cupertino A~thorizing Execution of Cooperative Agreement between
the City of Cupertino and the State of California Providing Traffic
Control Signal Modification, Widening of On-Ramp, and Addition of
Storage Lane at Stat~ Highway Route 85 ard Stevens Creek Boulevard."
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CC-410
Page 1
ttems re-
1IIOved frum
Calendar;
Calendar
approved
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CG-I,IO
p 2
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Senior Nutri-
tion Center
Availability
"f TDA fun<'s
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MINUTES OF THE APRIL 3, 1978, CtTY ~JNCIL MEETING
". Resolution No. 4683: "A Resolution oC the City Council of the
City of Cupertino Approving the Parcel Map of Property Located
along Santa Clara Avenue; Developer, ReYhaldo P. Perez and Canaen C.
Perez; aD'! Authorizing the City Engineer to Sian thE' Parcel Map.
7. Acceptance of municipal improvements - Tract 5857, Dividend Indus-
tries, Stev~& Creek Blvd. and Foothill.
8. Waiver of busineas license fee - National Multiple Sclerosis Society.
9. Waiver of business license fe. _ Easter Seal Soci~ty.
ll. Application HC-5I,312.3 - James G. Walker requesting appro"nl of
grading for a sin&le-family home located in Regnart Canyon. Recom-
mended for apþroval.
J4. Mioutes of adjourned regular meeting of March 21, 1978. (CC-409)
Vote
AYES:
NOES:
ABSENT:
ABSTAIN:
Members of the City Council
Meyers, O'Keefe, Rogers, Sparks, Jackson
None
None
None
ORAL COMMUNICATIONS
15. Mr. Joe Telllbrock on Senior Nutrition Center.
Presenta~ions - Mr. Joe Telllbrock and Marilyn Christian.
Mr. Jembrock explained the process and procedur2s for implementation of
a senior outrition program which had cOllllllenced January 16, 1978 with fac-
ilities ~t .àe Presbyterian Church, Miller and Bollinger Avenues. Current
funding is bu~get at $35,000 per year, half from the Federal government
and half from the City C'f San Jose. III response to an inquiry as to
City of (:"pertino's futt:)·e "laDS for senior citizens eligible for such
a nutrition program, the Mayor replied that the City had not yet determined
a policy whether social services of this type were to be funded thro~gh
City resou,"ces.
The staff was requested to report a. the next meeting on the availability
of TDA funds administered by the Metropolitan Transpurtation Commission
for assistance in this senior nutrition program.
PUBLIC HEARINGS
16. Application 2-Z-78 of J. Wesley ~ Sidney A. Pierson: Prezoning
approximately 0.68 acres from Santa Clara County RHS (Residential,
Hillside Variable Slope District) to City of Cupertino Rl-30 (Res-
Idential, single-family, 30,000 sq. ft. per dwelling unit). Said
property ~ located adjacent to and southerly of El Cerrito Rd.
~pproximately 400 ft. southerly of the intersection of San Juan Rd.
and El Cerrito Rd. Recommended for approval.
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MINUTES OF THE APRIL 3, 197d, CITY COUNCIL MEETING
16. (a) First readiug of Ordinance No. 867: "An Ordinance of the City
of Cupertino Amending Section 1 of Ordinance No. 2 by Prezoning
Approximately 0.68 Acres frolll Santa Clara County RHS to City
of Cupertino Rl-30; Located Adjacent to and Southerly of El
Cerrito Rd. approximately 400 Ft. Southerly of the ..",ersectlon
af San Juan Rd. and El Cerrito Rd."
It was moved by Counc. Meye~a, aecoraded by Counc. Sparka and passed unan-
imously to close the public hearing.
It was moved by Counc. Meyera, seconded by Counc. Sparks and passed unan-
imously to approve Application 2-Z-78 pursuant to conditions imposed in
Planning Commission Resolution 1813.
It was moved by Counc. Sparks, seconded by Counc. Meyers and passed unan-
imously to read Ordinance No. 867 by title only and the Mayor's reading
to constitute the first reading.
17. Application 4-Z-78 of Craig A. & Nancy Binneweg Clark: Pre zoning
two existing lots consisting of 0,48 acres from Santa Clara County
RI-8 (Residential, single-family, 3,000 sq. ft. per dwelling unit)
to City of Cupertino Rl-i.5 (Residential, single-family, 7,500 sq.
ft. per dwelling unit). Said property is lo~ated on the north side
of McClellan Rd. approximately 200 ft. westerly of the intersection
of Orangê Avenue. Recommended for approval.
(a) First reading of Ordinance No. 868: "An Ordinance of thê City
of Cupertino Amending Section I of Ordinance No. 2 by Prezoning
Two Existing Lots Consisting of 0.48 Acres frolll Santa Clara
County Rl-8 t~ City of Cuper.tino RI-7.5; Located on the North
Side of McClellan Rd. Approximately 200 Ft. Westerly of the
Intersection of Orange Avenue."
PLANNING APPLICATIONS
21, Application 4-TM-78 of Craig A. & Nancy Binneweg Clark: Tentative
Map to adjust lot lin~s between the two parcels such th~t the two
lots viII equal 8,400 sq. ft. and 12,470 sq. ft. Said property is
located on the north side of McClellan Rd. approximately 200 ft.
westerly of the intersection of Orange Avenue. Recommended for
approval.
Presentation - John Allen, Jr.
It vas moved by Counc. Sparks, seconded by Counc. Meyers and passed unan-
imously to closê thê public hearing.
It was ~oved by Coune. Meyers, seconded by Coune. Rogers and passed unaq-
imously to approve Application 4-Z-78 pursuant to conditions imp"sed ill
Plaoning Commission Resolutio~ 1814.
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CC-410
Page 3
Close public
hearing
2-Z-78
approved
First reading
of Ord. No.
867
Close publ ic
hearing
4-Z-78
approved
CC-4l0
P.4
First r<'tlding
of Ord. No.
868
4-TM- 7 8
approved
Close public
hearing
5.78
approved
Fi'ê3t reading
of Ord. No.
869
Close public
hearing
Urgency Ord.
No. 870 read
by title
Ord. No. 870
enacted
Comments re-
quested, pur-
pose explaine
.
Close public
hearing
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MINUTES OF THE A?RIL 3, 1978, CITY COUNCIL MEETING
It was IOOved by Counc. Meyo:rs, seconded by Counc. O'Keefe and paaaed
unanimously to read Ordinance No. 868 by title only and the Mayor'a
reading to constitute the first reading.
It was lIIoved bv Counc. Meyers, seconded by Counc. Sparks and passed
..nanimou81y to approve Application 4-TH-78 pursuant to conditions imposed
by Planning Collllllission Resolution 1815.
18. Application 5-Z-78 of Mitchell Radovich: Prezoning .16 acres frolll
Santa Clara County R3-2.4 (Residential, multiple, 2,400 sq. ft.
per dwelling unit) to City of Cupertino Rl-7.5 (Residential, single-
family. 7,500 sq. ft. per dwelling unit). Said property is located
on the southerly side ~f Olive Avenue approximately 100 ft. easterly
of Orange Avenue. RecoDlDended for approval.
(a) First reading of Ordinance No. 869: "An Ordinance of the City
of Cupertino Amendi.'.g Section 1 of Ordinance No. 2 by Prezoning
0.21 Acres frolll S4~ta Clara County R3-2.4 to City of Cupertino
RI-7.5; IDeated on the Southerly Side of Olive Avenue Approx-
imately 100 Ft. Easterly of Orange Avenue."
It was moved by Coùnc. Meyers, seconded by Counc. O'Keefe and passed
unanimou~ly to close the public hearing.
It was moved b, Coupe. Meyers, seconded by Counc. O'Keefe and passed
unanimou91y to approve Application 5-Z-78 pursuant to Planning Commission
Resolution lIn6.
It was moved by Counc. Meyers, seconded by Counc. O'Keefe and passed
unanimously to read Ordinance No. 869 by title only and the Mayor's reading
to constitute the first reading.
19. Consideration of an extension of inte"im zoning regulation estab-
lishing a moratoriuæ on conversion of apartments to condominiums.
It was moved by Counc. Srarks, seconued by Counc. O'Keefe and passed unan-
imously to close the public hearing.
It was moved by Counc. Meyers, seconded by Counc. Sparks and passed unan-
imously to read urgency Ordinance No. 870 by title only.
It was moved by Counc. Meyers, seconded by Counc. O'Keefe and passed
unanimously to enact Ordinance No. 870.
20. Revenue Sharing - proposed use of funds.
The Mayor requested comments from the audience after having explainEd
the purpose of the first of two public hearings to receive citizen input
as to proposed usage of Revenue Sharing monies. It also was explained
that the City had mc.de a commitmont in its FivL Year Capital Improvements
Program that Revenue Sharing monies would be used for the traffic signal
interconnect system, but that this could be ampnded. There were no audience
comments.
It was moved by Counc. Meyers. seconded by Counc. O'Keefe and passed unan-
imou9ly to rlose the p.mlic hearing.
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ML'IUTES OF THE APRIL 3, 1978, CITY COUNCIL MEETING
ARCHITECTURAL AND SITE APPROVAL C<lØŒTTEE APPLICATIONS
22. Application BC-51,403.2 - Any Mountain, L~d. (Eldon R. Hoffman) -
Appeal of Architectural and Site Approval eo.mittea decision denying
modification of Planned Development Sign Proar8111 for a retail ski
shop. Refecred from meeting of Karch 9, 1978.
Presentations - Eldon Hofflll8n, applicant; Tom Motter, sign contractor.
It was moved by Counc. Meyers, seconded by Counc. Rogers and paesed with
Counc. Sparks dissenting to deny the ap?eal of HC-51,403.2 but without
prejudice and with the exception that the Council is not in disaareement
as to the proposed size of the sign.
iTEMS REMOVED FROK THE CONSENT CALENDAR
10. Application HC-5l,027.17 - Andrew P. Jara requesting approval of
site, architecture, landscaping, lighting and grading for a profes-
sional office building located on the south side of Pac~.fica Drive,
east of De Anza Boulevard. Recommended for approval.
It was moved by Counc. O'Keefe, seconded by Counc. Sparks and passed
unanimously with Counc. Jackson abstaining to approve HC-5I,027.l7.
12. Application HC-5I,337.2 - Victor M. Mandella (Adobe Inn) requesting
approval of site, landscaping, lighting and grading for remodeling
of parking area located at the south side of Stevens Creek Boulevard
west of Blaney Avenue. Recommended for approval.
Pr~sentation - John Fleming, engineer.
It was moved by Counc. Meyers, seconded by Counc. Sparks and passed unan-
imously to approve HC-51,337.2 pursuant to the condition i~osed by Arch-
itectural and Site Approval Committee Resolution 793 but with condition
No. 11 being deleted.
13.
Minutes of regular meeting of March 20, ~978. (CC-408)
The following amendments were re~uested:
(a) Thc inclusion under Item 13, Page 4, relating to the senior cit-
izen center of the recommendations made by the Public Safety
Commission which information is to be forthcoming frolll Counc.
Rogers, previous chairwoman of that commission.
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CC-410
Paae 5
Appeal denied
HC-51,027.17
approved
HC-5I,337.2
approved
Amendments
requested
(b) To amend the motion under Item 25, Page 5, so as to read, "It wa
moved by Counc. Meyers, seconded by Counc. O'Keefe and passed
unanimously that any County Justice System Board be autonomous
and not advisory and that the decision as to composition of such
a b;:>ard be deferred to a later time.1I
(c) Item 24, Page 5, the designation JPF should be JPA.
(d) Item 27, Page 6, correction of the spellings for Jo Celio and
Bob Shelton.
CC-4l0
1e6
No name
change to
be considered
new
Bids rejected
City to act
as project
manager
.
Continued to
next meeting
pending re-
view
No change in
Ci ty policy
.nd read-
of Ord.
No. 864
Ord. No. 864
enacted
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MINUTES OF TIlE APRlL 3, 1978, CITY COUNCIL MEETING
UNFINISHED BUSINESS
24. Request frolll PlAnning Comlllission for conøideration to chanae the
name of Tula Lane.
It was the consensus of the Council to adopt the staff recommendation not
t~ initiate a name change at this time aDd that decision be daferrad until
in the future when a determination is made on the closure of Tula Lane.
NEW BUSINESS
25. Report on bid opening for City Hall Emergency Generator Installa-
tion, Project 78-4, sDd award of contract.
It waa moved by Counc. O'Keefe, seconded by Counc. Meyers and passed
unanimously to reject all bids as recommended by staff as being in excess
of ~udgeted amounts and to authorize undertaking of the project with the
City acting as project manager.
26. Substitution of attorneys for the Regnart Assessment District.
(a) Resolution No. 4466.3: "A Resolution of the City Council of
the City of Cupertino Amending Resolution No. 4466, 'A Res-
olution of the City Council of the City of Cupertino Appointing
Engineer and Attorneys', Regnart Road Local Improvement District."
It was moved by Counc. O'Keefe. seconded by Counc. Rogers and passed
unanimously to continue this matter to the next regularly scheduled meeting
and for the staff to r~view and report on whether services to be provided
a~ to bond sales would receive a~ ready an acceptance in the open market
as had been under the name of the previous law firm.
WRITTEN COMMUNICATIONS
27. Requeet frolll John Allen. Jr. for Council review of City policies
pertaining to new construction on vacant lots.
Presentation - John Allen, Jr.
It was moved by Counc. Meyers, seconded by Counc. O'Keefe and passed
unanimously that the record reflect the receipt of both the questions
submitted by Mr. Allen and the response and comments of the Director of
Public Works, and that there be no crange in City policy at tlds time.
ORDINANCES
28. Second reading of Ordinance No. 864: "An Ordinance of the City
of Cupertino Amending Section 1 of Ordinance No. 2 by Prezoning
One Lot Consisting of Approximately 1/4 Acre from Santa Clara County
Rl-lO to City of Cupertino Rl-lO; Located at the Northerly Terminus
of Riviera Road."
It was moved by Counc. Meyers, ~econded by Counc. O'Keefe and passed
unanimously to read Ordinance No. 864 by title only and the Mayor's
reading to constitute the second reading.
It was moved by Counc. Meyers, seconded by Counc. O'Keefe and passed
unanimously to enact Ordinance No. 864.
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MINUTES OF THE APRIL 3, 1978, CITY COUNCIL MEETING
RESOLUTIONS
29. None
STAFF REPORTS
30. Oral reports by staff ~mbers and submission of written reports.
(a) tt was the consensus of the Council that a review of the ABAG
Environmental Management Plan be undertaken prior to the June
10, 1978 General Assembly meeting of ABAG and that this revi.ew
be conducted if possible at the Council meeting of Hay 15, 1978,
and if not then, at an adjourned Council meeting to be held May
16, 1978.
(b) The Legislative Review Committee was authorized to analyze cur-
rent amendments being proposed for the MORGA Bill and if the
results cannot be brought before the Council prior to a yet to
be scheduled legislative hearing date then to reduce its recom-
mendations to writing for signature by the Mayor.
(c) It was moved by Counc. Meyers, seconded by Counc. Rogers and
passed unanimously with Counc. O'Keefe abstaining to waive the
usual business license fee for the Northwest YMCA for ita pro-
posed sale of peanuts through the end of August, 1978 to permit
children to attend summer camp.
(d) It was moved by Counc. O'Keefe, seconded by Counc. Rogers and
passed unani:ously to declare that the filing of Conflict of
Interest forms by designated employees with the City Clerk
constitutes filing with the City Council and that such forms
need not be reproduced for individual distribution to members
of the Council.
NON-AGENDA BUSINESS
31. Recognition by Mayor of special requests.
(a) General Audience - None
(b) City Council
(1) The staff was requested to determine whether the California
History Center, the Historical Society and the City Histor-
ian had agreed that the Baer house had no historical sig-
nificance. If such is determined, staff then is authorized
to issue a demolition permit on request; otherwise, the
matter is to be brought back before the Council.
(2) The staff was requested to estimate the time involved for
the ca~aloging of the Baer bla~ksmith artifacts as an aid
in soliciting community assistance for the project follow-
ing the withdrawal of an offer of assistance by the Kiwanis
Club.
CC-410
Paae 7
Review of
ABAG Environ-
mental Mgmt.
Plan
MORGA Bill
analysis
NW YMCA busi-
ness license
fee waived
FiUng of
Conflict of
Interest forms
Historical
significance
of Baer house
Time needed
to catalog
Baer black-
smith arti-
facts
cc-uo
pe 8
McClellan
Ranch Park
entrance
plaque
Irene Revis
.)0 Counc ~ on
Aging
LRC recom-
mendations
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MINUTES OF THE APRIL 3, 1978, CITY COUNCIL MEE'rING
31. (b) (3) The staff was requested to ascerta1D the deadline date
for the installation and dedication of the McClellan Ranch
Park entrance plaque as contained in the bequest from
Mr. Homer Francis McClellan and to take appropriate action
so aa not to lose the $10,000 bequest through default.
(4) The Kayor received concurrence of the COuncil for ratifying
the appointaent of Irene Revis to the COuncil on Aging.
(5) Following.. ~'resentation by Counc. Rogers, on r..co_dation
of the Legislative Review Collllll1ttee. it vas moved by Counc.
Meyers, seconded by Counc. O'Keefe and passed unanimously
that the City take the following actions in relation to
legislation: tr. support AS 2553 and SB 2010; to oppose
AB 2659 and ~ß 2744; to conduct further investigation
and study of AB 603 and to take no action on AS 532,
SB 1873 and SB 1782.
Mayor Jackson adjourned the meeting at 10:30 p.m.
City
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