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CC 03-20-78 ~: , - I ~ .._'~'. ,..~"",.,"-"",,,,-~,--. . ,.',,,,,,,.'·C~".'¡¡lrh~"'·"'''~~'''. .. 1}'1!4 ;.. .' ",', .I'~:", ,." ':'."'.'" ,"', ,',,", ,',-, - "'~'~.':ø~!r'~ ;,._.''''.- " CITY OF CUPERTINO, STATE OF C.ALIFORNlA 10300 Torre Avenue, Cupertino, California 95014 Telephone: 2S2-~505 KlNUTF.S OF TIlE UGULAR MEETING OF TIlE CITY COIINClL HELD ON MARCIl 20. 1978, IN 'lBB COONCIL ClWlBER, CITY JW.L CllPERTlt«>, CALIFORNIA SALUTE TO 'lBB FLAG Mayor Jackson called the ...ting to urder at 7:30 p.m. in the Council Chamber of City Hall. ROLL CALL Counc. Present: Meyers, O'Keefe. Rogers, Sparks, Mayor Jsckson St.ff Presert: City Manager Quinlan Director of Administrative Services Ryder Director of Planning and Development Sisk Director of Public Works Viskovich Dire~tor of Parks and R~creation Butlcr Assistant Pldnning Director Cowan City Attorney Ad_. CONSENT CALENDAR Items ll, 12. 13 and 16 were removed. It was moved by Counc. Meyers, seconded by Ccunc. Rogers and passed unanimously to approve the balance of the Consent Calendar. 1. Resolution N( . 4669: "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 He~einafter Described for General end Miscellaneous Expenditures for the Seven Day Period Ending March 6, 1978." 2. R..solution No. 4671: "A Resolution of the City Council of the City of Cupertino All'JWing Certain Claims and Demands Payable in the Amounts and frr-m the Funds as Hereinafter Described for General and Miscellaneous Expend it Ires for the Seven Day Period Ending March 13, 1978." 3. Resolution No. 4673: "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 March 14, 1978." 4. Resolution No. 4674: "A Resolution of the City Counc:I of the City of Cupertino Making its Order Describing the Boundaries Designated as 'San Juan 77-13' to be Annexed to the City and Ordering Annexa- tions to the CIty Without Public Hearing as Provided by Law; Approxi mately 0.2808 Acres; Located on the South Side of San Juan Road Between Foothill Boulevard and El Cerrito Road." ·i~. ,~ CC-408 Page 1 Items removed from Con. Ca1. Balance of Con Cal. approved ---", '~~~1~7':"'~'" "'~",. .,.,~. ~, ~:<;~-:::r~-:."'-~:;""""F!IJ¡"" -~;"- "·'~"'>~.:'~~""'7""":"·"~'-'7: CC-4QtI Paie 2 MINUTES OF THE MARCH 20, 1978, crTY COUl«:IL MEmr«ì . 5. Re.olution No. 4675: "A Re.01ution of the City Council of the City of Cupertino Approving Chanae Order No. 3 for Monta Vista Park Phase I." 6. Re.olution No. 4676: "A Resolution of the City Council of the City of Cupertino Amending Policy Number one (No.1) of the Manaaement COIIIpeDllro.- tion Program." 7. Reaolution No. 3873.29: "A Resolution of the City Council of the Cit~ "f Cupertino Approving Contract Chanae Order No. 2 for Vallco Park Asseas- ment District 1974-2." 8. Resolution No. 3873.30: "A Resolution of the City Council of the City of Cupertino Approving Contract Change Order 110. 3 for Vallco Park Assess- ment District 1574-2." 9. Acceptance of City projects perfo~ed under contract: Varian Park, Phase I Monta VistA Park, Phase I 10. Application IIC-5lI088.l9 - Nitt,;::., Inc. requesting approval of site and architecture for an industrial tank farm located at 10420 Bubb Road. Recommended for approval. 14. Application HC-51,150.21 - De Anza Racquet club requesting modification to approved landscaping plan for the tennis court and 9Wi~ing pool areas. Recommend2d for approval. . 15. Minutes of regular lIIeeting of March 6, 1978. (CC-406) Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: Meyers, O'Keefe, Rogers, Sparks, Jackson None None None ORAL COMMUNICATIONS 17. None PUBLIC HEARINGS 18. Ap?Hcation 28-Z-77 of Saleem ShaUch: Prezoninp; one lot consisting of approximately 1/4 acre from Santa Clara County Rl-IO (Residential, single-family, 10,000 sq. ft. per dwelling unit) to City of Cupertino Rl-IO (R~sidential, single-family, 10,000 sq. ft. per dwelling unit). Said property is lo~ated at the northerly terminus of Riviera Road. Recommended for approval. . (a) First reading of Ordinance No. 864: '~n Ordinance of the City of Cupertino Amending Section 1 of Ordinance No. 2 by Prezoning approxómately 1/4 Acre from Santa Clara rG~oty Rl-lO to City of Cupertin.:> Rl-lO; located at the Northerly Terminus of Riviera Road." . . . . i .tt,4,.,;;;.~··~~""""",,·-,,"""~;7"" ~.,~~ "7'7~,~. ..-: ¡. '~..., '" -' '~'. ~'"'"""\ '.~ HINVTES 0' THE KARCH 20, 1978, CITY COUNCIL MUTIIIG It wa.. movold by Count'. Spark~, seconded by Counc. O'lteefe and passed unanimously to close the public heating. It was moved by COUDC. O'lteefe, ..condecl by COlIne, M8Jua and paased UD- anilllOusly to approve Application 28-Z-77 pursuant to Plaun1ng CoIIIIII1ssion Resolution 1806. It WRS moved by Counc. Meyers, seconded by Counc. O'Keefe and passed un- animously to read Ordinance No. 864 by title only and the Mayor's rp¡od- ing to constitute the first reading. PlANNING APPLICATIONS 19. Appltcation I-TM-78 of TerranOlllics Development Corporation: Tenta- tive Map to subdivide a recently developed 9.9 acre comnercial center into three parcels consisting of .7, .1 and 9.1 acres. Said property is located at the southeast corner of the intersection of Poctal Avenue and Stevens Creek Boulevard. Recommended for approval. It was moved by Counc. O'Keefe, seconded by Counc. Sparks and passed unanimously to approve Application I-TH-78 pursuant to Planning Commission Resolution 1817 but with Condition No. 16 being amended to provide that there be no cost to the City in relation to placing any matter in escrow. 20. Application 3-TM-78 of Phyllis Chestnutt: Tentative Map to divide approximately 0.50 acres into two lots, consisting of 8,000 sq. ft. and 11,140 sq. ft. Said property is located on the west side of Tuls Lane at the intersection with Sola St. Recommended for approval. It was moved by Council. Meyers, seconded by Counc. O'Keefe and passed unanimously to approve Application 3-TM-78 p1.rsuant to Planning Commission Resolution 1818 but with condition 16 being amended to require quitclaiming also to all parties having an interest in Tula Lane southerly of the pre- Viously approved tentative map and to provide for joint driveway usage for parcel 13 and future development to tne south. In response to the recommendation contained in Planning Commisaion Resolu- tion 1819 for a change of name for Tula Lane, the Mayor referred the Qatter to staff for submission of a report at the next regularly scheduled meeting. ' A~CH~TECTURAL AND SITE APPROVAL APPLtCATIONS 21. None lTE!1S REMOVED FROM THE CONSENT CALENDAR II. Application HC-51,449.I - B.A.S. Homes of Cupertino rE'questing approval of landscaping for a residential development located at Bandley Drive and Greenleaf Drive. Tract 6259. Recommended for approval. CC-408 Pal" 3 Public hear in! closed 28-Z-77 approved First reading of Ord. No. 864 I-TM-78 approved 3-~-78 approved Name Change of Tula Lane referred to staff for report CC-408 Pag... ~ HC-51,449.1 a.OVed Motion with- drawn Applica tion referred to staff and continued IIC-92 ,008. 1 approved N.tes ap- proved as amended Potential li tigation Fih amicliS curiae brief &lR'~ to be undertaken at this time, other actions postponed .- '·"':·':"~~~"'''-''''':;~-'~":'-'!'''''''''.'';'''Vi_7~,··~·~'";',~........'!''-r:'!.~'!!:!1j,m:!-~~~""'~~~'" "':.;.'-,,·,''-''..'w.' ",' "...~:-;..', ;.;(·--"',.~t,."--r:'.'."..::,".'''''".,:,>~,,,: ,..."'~",/"-"'<~". ,'.-""" .'~'.r~' MINUTES OF THE HAICH 20, 1978, CITY COUNCIL HEETIl«; It was :oove<l by Counc. Meyers, seconded by Counc. Sparks and .....ed u.....n- imous1y .0 approve Application HC-51,449.1 pursuant to Architeetura1 and Site Approval Coaadttee Resolution 785. 12. Application BC-Sl,441.1 - B.A.S. Bo.ea, Inc. requeatiaa cpproval ~f sound barrier architecture end landscapina for a reaideatial develcp- lIIent located adjacent to and westerly of Foothill Boulevard opposite the intersection of Alpine Drive snd Foothill Boulevard. Recommend~ for approval. It was moved by Counc. Sparks and seconded by Counc. Meyen to approve Application BC-51,441.1. The motion was withdrawn. It was moved by Counc. Sparke, seconded by Counc. O'Keefe snd passed unan- imously to refer the spp1ication to staff and to continue the aatter to a future meeting whenever staff can present it. 13. Application HC-92,008.1 - City of Cupertino requestina approvsl of site, architecture, landscaping, grading and lighting for the Spnior Citizen Center located in Memorial Park. Recommended for approval. It was moved by Counc. Meyers, seconded by Counc. Sparks and passed unan- imously to approve Application HC-92,008.1 pursuant to Architect~ral and Site Approval Committee Resolution 787 blit with authority to substitute an adobe wall as an alternate. 16. Minutes of adjourned regular lIIeeting of March 14, 1978. (CC-407) It was moved by Counc. Sparks, seconded by Counc. Rogers and passed unan- imously to approve the minutes of the regular meeting of March 14, 1978, as amended to show that Counc. Sparks had been appointed to the Water Commission of the Santa Clara Valley Water District. UNFINISHED ~USINESS 23. Request for endorsement of complaint filed with Superior Court with respect to Kaiser-Permanente EIR decision. Presentations - Hans Joachilll Dehne; Nick Szabo, Homeowners Association; Steve Sparks, De Anza Oaks; Mr, Kilmer, Lockwood Drive: Chuck Younger, Creston area. Following presentations and discussion, the Mayor tal led an Executive Session for purposes of discussing p~tential litigation and so adjourned at 8:45 p.m. The Mayor reconvened the Council in open session at 9:15 p.m. The Mayor a.."ounced that a consensus of the Council had heen to authorize the filing of an amicus curiae ~rief on behalf of the petitioners. 24. Environmental Assessment of Alternate Sites - Solid Waste. It was moved by Counc. Meyers, seconded by Counc. Rogers and passed unanimously to concur with the motion adopted by the JPA and that no environmrntal reviews be undertaken at this tim!! and that future action regarding the environmental assessment of the alternate sites be postponed until such time as the source recover study is cOIIpleted. . , . .r': -~~""T' ';~""~~~11':"":'\:' ."................... , -"'F" ¡- '''''':',-~"'~~:~'' ..,..... KINUTES Of T1tE IWICB 20, 1978, CITY COONClL MEErING 25. Establishment of County Justice System Advisory Board. (a) Resolution No. 4677: "A Resolution of the City Council of the City of CuputiDO in 8Upport of the Subnitution of the County of Senta Clan for the JCJPB as spoueor of the Reaion J Plann- ing Evaluetion ad TraWna Grants." It was IIIOVed by Counc. Heyen, seconded by Counc. O'Keefe snd passed unanimously that any County justice system board b_ autonomous and not advisory and that the composition of such a board be deferred to a later time. Proposed Resolution No. 4677 ...'tab1e4. 26. Report on announced discontinuance of services by Diversified trans- portation, Inc. It was moved by Counc. Sparks, and seconded by Counc. Meyers to ref er thid matter to staff for review of exi~ting and potential enabling ord- inances to allow the number of taxicabs servicing Cupertino to be the same as those servicing Saratoga, Santa Clara and San Jose. The motion was withdrawn. The Mayor requested that the City Attorney draw up an urgency ordinance repeallng present requiraĊ“ents pending enactment of a new enabling ordinance. NE'J BUSINESS 27. Bounrlary Ttansfer Procedures and Review Criteria. Presentations - Joe Celic and Bob Shelton, Boundary Adju9tment Committee It was moved by Counc. Heyers, seconded by Counc. R~gers and passed unan- imously to adopt staff recommendations for approval of the proposed pro- cedures and review criteria but SIIIended to delete the last sentence on page 5 relating to an alternate physical boundary and that there be in- serted uùder Phase III on page 4 that affected agencies further would be expected to provide additional specific information on overall levels of services as requested by LAFCO. 28. Request of St. Joseph of Cupertino Church for renewal of Bingo Permi It was moved by Counc. Meyers, seconded by Counc. Rogers and passed with Counc. O'Keefe abstaining to approve the request. 29. Request for assistance by Monta V ista Homeowners' Association in their appeal of Use Permit for auto parts store and precision machin shop on Stevens Creek Boulevard. Presentations - Ann Anger; O'Patti Brisco; Clark Rosa, applicant CC-408 Page 5 County Justice System Board should be auto_ous Res. No. 4677 tabled Motion with- drawn Procedures and review criteria approved as amended Requ es t granted cC-408 Page & Zonint change aupported . Referred to staff Filing date and intervi set Eberh'udt resignation accepted ~~ ttee an ~ssion appointments . MIlIIIT!S 't)pm'~.~"2ò:<"ì97':' em coo;';Ii.<r:;;"Z.,·,q~ CO",,> 'j'"?>-''"'''"--'''''' It vas IIOved by Counc. Meyers, seconded by Counc. RogerG and paased unaniaously that the City of Cupertino does not oppose the application aa propoaed and conditioned by the County Planning Commission; bowver, the City aupports a zoning chdnge to addres. the neiahborhood related usage for the Kanta Vista area as stated in the Stevana Creek Plan Line Study. 30. Appointment to Special Kaiser Committee. It was agreed that this appointment w~uld be considered toaether wi~h other Council appointlllents. 31. Claim for duages subaitted by Richard M. Liebllnlan. It wss lIIOVed by Counc. Meyers, seconded by Counc. Sparks and passed unanilllously to refer this matter to staff as recommended. 32. Notice of pending ~xpiration of terms for various Commis~ions and Committees. The final filing date for applicants for various commissions and committees was set for April 13 with interviews to be scheduled for 6:00 p.m., April 18. It wss moved by Counc. Meyers, seconded by Counc. Sparks and passed unanimously to accept the resignation of Loreta Eberhardt as a member of the Public Safety Commission. 33. Appointlllent to Environmental Review C01lllllittee. The Mayor recommended that appointments of Council members to v3rious commissions and committees be made at this time and with consent of the Council the following appointments were made. Inter-City Couccl1 - Mayor Jackson; Mayor Pro-Tem Meyers, alternate Transportation Commission - Counc. Meyers Intergovernmental Council - Mayor Jackson Association of Bay Area Governments - Mayor Jackson Planning Policy Committee - Couac. Rogers; Counc. Sparks, alternate; Sharon Blaine, Planning Commission representative Airport Land Use Commission - Counc. Rogers Legislative Review Committee - Counc. Sparks and Counc. Rogers Bmergency Medical Care Committee - Counc. O'Keefe North Central Flood ConLrol Advisory Committee - Counc. Sparks Northwest Flood Control Advisory Committee - Counc. Sparks Water Commission of the Santa Clara Valley Water District - Coucc. Sparks Special Kaiser Committee - Counc. Sparks --''---~- '"'~P':--': ". , , -:"7':""-,....., .. ''-'':'''~ ',,- - -~~~':!""~::'"-:-':""" ~.' . . MINUTES OF THE !lARCH 20, 1978, CITY COUF.!L HEETIIIG . Trails Subcommittee of PPC - held in abeyance a. it is a direct appointment by the PPC County Collllllittee on Houaina aad Community Block Grant Proardlll - Counc. Sparks Traffic Reduction Committe. - Mayor Jackson and Caunc. O'Keefe League of Caiifornia Cities Committee on International Municipal Cooperation Counc. O'Keefe Environmental Review Committee - Counc. Rogers North Santa Clara County Municipal Solid Waste Management Progr~ - Counc. Meyers; Counc. S~atk9, alternate Voting representative to the League of California Cities - Mayor Jackson and Mayor Pro Tem Meyers as alternate WRITTEN COMMUNICATIONS 34. Offer f~r sale of two commercial Iota on McClellan Road by J. Robe~t Dempster on behalf of his client Stella Kester. . It was the consensus of the Council that the City is not interested at this time in the purchase of the offered two commercial lots on McClellan Road. ORDINANCES 35. Urgency Ordinance No. 865: "An Ordinance of the City of Cupertino Amending Section 12 of Ordinance No. 843 (Regulating Standing or Parking on Public Streets) to Make the Violation Thereof an tnfraction Rather than a Misdemeanor, and Declaring the Urgency Thereof." it was moved by Counc. Meyers, seconded by Ccunc. Sparks and passed unan- imously to read Urgency Ordinance No. 865 by title only and the Mayor's reading to constitute the first ~ ¡ding. It was moved by Counc. Meyers, seconded by Counc. Sparks and passed unan- imously to enact Urgcncy Ordinance No. 865. Urgency Ordinance N<,. 866: "An G-.dinance of the City of Cupertino Repealing Chapter 5.28 of the Cupertino Municipal Code (Regulating Taxicabs), and Declaring the Urgency Thereof." The City Attorney presented Urgency Ordinance No. 866 which was read in its entirety by him. It was moved by Counc. Meyers, seconded by Counc. Rogers and passed unan- imously to enact Urgency Ordinance No. 866. . CC-408 Pa¡e 7 City not interested in purchase of land now First readirg of Ord. No. 865 Urgency Ord. No. 865 enacted Urgency Ord. No. 866 read in entirety: Urgency Ord. No. 866 enacted " " .¡,~ /." f --', . ,1,,;o¡,.',,' ~.', ';, .~: . h-,· CC-408 P.8 MINUTES OF TIlt: MARCH 20, 1978, CtTY COURCtL MEETING RESOLUTIONS 36. None STAFF 'iEPORTS 37. General Plan Consolidation Study - Planning Commission recommendation concerning job,/housing imbalance. Presentations - Jeff Swett, County Housina Task Force; Walter Ward, Vallco; Gary Hansen, developer's representative; J. Robert Dempster, developer's representative. The Kayor adjourned the meetina at 11:35 p.lII. to 7:30 p.m.. March 21, 1978 for continuatIon of Item No. 37 and the balance of the aaenda. tJÇ2- City Chrk . Ii