CC 03-06-78
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CITY OF CUPERTINO, STATE OF CALt;roQIA
10300 Torre Avenue, Cupertino, California 95014
Telephone: 252-4505
KlNUTES OF 'lBB REGULAR KEETING OF THE CITY COtJRCIL
HELD ON KARCH 6, 1978, !II THE COUNCIL CllAKBBR, CITY HALL
CUPBRT1IIO, CALIFORNIA
SALUTE TO THE FLAG
Muyor Frolich called the lIIeeting to order at 7:~0 p. III. in the Council
Chamber of City Hall.
R:JLL CALL
Counc. Present:
Counc. Absent:
Jackson, Nellis, O'Keefe, Mayor Frolich
Meyers
Staff Present:
City Manager Quinlan
t~puty City Clerk Cornelius
Director of Planning and Development Sisk
Dire~tor of Public Works Viskovich
Director of Parks and Recreation Butler
City Attorcey Adams
CONSENT CALENDAR
Item 12, Minutes of the February 22, 1978 adjourned Couocil meeting, Val
retllOvedfroll the Conse.tt-Calendar. It was IIOved by Counc. Nellis, second-
ed by Coune. Jackson and passed unanimously by those present tc approve
the balance of the Consent Calendar.
1. Resolution No. 4661: "A Resolution of the City Co\DIcil of the City
of ~upertino Allowing Certain Claims and Demands Payable in the
Amount and from the Funds as Hereinafter Described for Gen~r~l &~d
Miscellaneous Expenditures for the Eight /Jay Period Endi -g February
21, 1978."
2. Resolution No. 4663: "A Resolution of the City Council o~ the City
of Cupeí'tino Allowing Certain Claims and Demands Payable in t¡;e Amoun
and from the Funds as Hereinafter Qescribed for General and Miscel-
laneous Expenditures for the Seven Day Period Ending February 28,
1978."
3. Resolution No. 4664: "A Resolution ef 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 February 28, 1978."
4.
Resolution No. 4662: "A Rasolution of the City Council of the City
of Cupertino Making its Order Describing the Boundaries Designated as
'Crescent 77-20' tc be Annexed to the City and Ordering Annexations·
to the City Without Public Hearing as Provided by Law; Approximately
1.2 Acres; Located on the East Side of Hillcrest Road at Crescent
Road. It
CC-406
Page 1
Item rewuved
frOll Consent
Calendar
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,
CC-406
P.2
.
Minutes of
Feb, 22 ä;>-
proved a<;
amended
.
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MINUTES OF THE MARCH {>, 1978, CITY COUNCIL MEETING
5. Resolution 110. 4665: "A Resclut10n of the City Council of the City
of Cupertino Acceptina a Grant of Easeøent for Stora Drain Purposes
frolll the Roman Catholic Archbishop of San Francisco a Corporation
Sole, Located Along ths East Side of De ADza Boulevard lIorth of St."sns
Creek Boulevard."
6. Resolution 110. 4666: "A Resolution of the City Council of tho City
of Cupertino Acceptina a Grant of Easement for Stora Drain Purposes
from the Roman Catholic Welfare Co?pnration of San Franeisco St.
Joseph's Parish, Located Along the last Side of De Anza Boulevard
North of Stevens Creek Boulevard."
7. Re~"luti"n No. 4667: "A Resolution of the City Council of the
City of Cupertino Approving the Final Map and tmprovelllent Plans
of Tract No. 6259, Located Along 6eardon Drive at Greenleaf Drive;
Developer, BAS Homes of Cupertino II, a California Limdted Partnec-
ship, by BAS Homes, Inc., General Partl'cr; Accepting Certain EaSf>-
ments; Authorizing ~:gning of Final Map a~d IlIIprov~ment Plans; Auth-
orizing the Execution of Agreement in Connection Therawith."
8. Acceptance of municipal improvements, Rancho Deep Cliff Unit 1, Tract
5691, Stevens Canyon Road.
9. Minutes of adjourned regular meeting of January 31, 19ì8. (CC-4CQ)
10. Minutes of adjourned regula,' f!'I:~~tlng of February 16, 1978. (CC-403)
II. Minutes of regular meeting of February 21, 1978. (CC-404)
Vote
AYES:
NOES:
A8SENT:
ABSTAIN:
Members of the City Council
Jac"son, Nellis, O'lCeef.., Frolich
None
Meyer'
None
ITEMS REMOVED FROM CONSENT CALENDAR
12. Minutes of adjourned regular meeting of February 22, 1978. (CC-405)
It was moved hy Counc. Nellis, seconded by Counc. Jackson and passed unanimously
by those present to approve the micutes of the February 22, 1978 meeting
after amending them to show that Mayor Frolich was not in attendance at
that meeting because he was away on City business,
UNFINISHED BUSINESS
17. Blaney Avenue Traffic Report
(8) Urg4ncy Ordinance 110. 863: "An Ordinance of the City of Cuper-
tino A.on~ing Ordinance 467 by the Designation of Additional
Htop ~~tro ~ st B1d~y Avenue and John Drive, Blaney Avenue and
Su1sun Drivr" Blaney Aven,·e and Rodrigues Avenue, and at Blaney
Avenue and Forest Av~nue and Declaring the Urgency Thereoi.n
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MINUTES OF THE MARCIl 6, 1978, CITY COUNClL MEETING
Ordinance No. 863 vas amended so that ins~ead of being effective illlllledi-
ately, it will bec~ effective ¥baa the City of San Jose adopts a silllilar
ordinance or resolution as provided in Section 2 of that Ordinance.
It was moved by Counc. Jackson, seconded by Counc. O'lteefe and paaled unan
imously by those present to read Ordinance 10. 863 by title only and the
Mayor's reading to conatitute the first reading.
It was lIIoved by Counc. Jackson, seconded by Counc. Nellis and pass eel unan-
imously by those present to enact Ordinance No. 863 as amended.
NEW BUSINESS
18. Report on bid openings for Merriman Road Water Kain - Pcoject 78-5,
and award of contract.
The City Attorney ruled that Council may waive the irregularit ~s noted in
the bid procedure by the City Clerk.
It was moved by Counc. Jackson, seconded by Counc. O'Keefe and paysed
unanimously by those present that the contract be awarded to West Valley
Construction in the amount of $11,016 for a low bid and that $3,490 be
apDropriated from the Water Utility Fund for Alternates 1, 2 and 3.
CITY CLERK'S NOTE: Counc. Nellis left the Council Chamber.
19. Appeal of ERC decision - EIR, Regnart Road Im~rovements.
It was moved by COlD1c. Jackson, seconded by Counc. O'Keefe and passed
unanimously by those present to deny the appeal of the Environmental Re-
view Committee'b grant of a Negative Declaration for Regnart Road improve-
æents and to uphold the ERC's decision.
RECESS: 9:30-9:45
¡ffiITTEN COMMUNICATIONS
Upon reconvening following the recess, Counc. .1ellis returned to the
Council Chamber.
20. Transmittal of copy of complaint filed with respect to the Kaiser-
Permanente EIR decision.
It was moved by Counc. Jackson, seconded by Counc. Nellis and passed unan-
imously to refer the request for support of the complaint filed with the
Superior Court with respect to the Kaiser-Permanente EIR decision to the
City Attorney who will report back to Council at their regular lIIeeting of
March 20, 1978.
21. Letter from Evelyn Snow regarding garbage rate increase.
It was moved by Counc. Nellis, seconded by Counc. Jackson and passed unan-
imously by those present that the communication received from F.velyn Snow
regarding garbage collection rates will be taken under considc& tion by
Council at the time of the next request from LAGCO for a rate increa~e.
CC-406
:0.8" J
Effective
date of Ord.
863 amended
Pirat reading
of Ord. No.
863
Ord. No. 863
enacted
IrregUlaritie1'
waived
,
Contract to
West Valley
Construction
Appeal denied
ERC decision
upheld
Request. re-
ferred to
City At tarney
Let:er to
be considered
when LACCD
reqc.ests
increase
CC-406
.4
Second read-
ing of Ord.
No. 861
Ord. No. 861
enacted
.
Second read-
ing of Ord.
No. 859
Ord. No. 859
enacted
Second read-
ing of Ord.
No. 862
Ord. 1\". 862
enacted
.
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MINUTES OF TIlE MARCH 6, 1978 CITY COUNCIL MEETING
Also to he considered at that time will be the structure of rstes for duplexes,
rates for hillside ~b, a possible pickup for one trash receptacle,
and possible a.mcontracting to subsidiaries by Los Altos Garbage COIIpany,
ORDINANCES
22. Second readina of Ordinance No. 861: "An Ordinance of the City of
Cupertino Adding Chapter 10.25 to the Cupertioo Hunic:1pal Code to
Regulate Smoking in Cenafn Public Places."
It was moved ;'y Counc. Nellis, seconded by Counc. Jackson -.i passed
unanimously by those present to read Ordinance No. 861 by title only
and the Mayor's reading to constitute the second reading.
It was moved by Counc. Nellis, seconded by Counc. Jackson and paslled
unanimously by those present to enact Ordinance No. 861.
23. Second reading of Ordinance No. 859: "An Ordinance of the City of
Cupertino Amending Section I of Ordinance No. 2 by Prezoning Seven
Existing Lots of Record frolll Santa Clara County RHS Zone Consisting
of 14.9 Acres of Which .6 Acres is to be Pre zoned to Rl-20, 3.80
Acres is to be Prp.zoned to RI-40, 2.00 Acres is to be Pre zoned to
RI-80, 3.26 Acres's to be Pre zoned to Rl-120, and 5.30 Acres is
to be Pre zoned to Rl-200; Located Adjacent to and Westerly of Reg-
nart Road Approximately 3,000 Ft. Southerly of the Intersection of
Regnart Road and Lindy Lane."
It was moved by Counc. Jackson, seconded by Counc. O'Keefe and passed
unanimously by those present to read Ordinaoce No. 859 by title only and
the Mayor's reading to constitute the second reading.
It was moved by Counc. Jackson, seconded by Counc. O'Keefe and passed
with Counc. Nellis abstaining and Counc. Meyers absent to enact Ordinance
No. 859.
24. Second reading of Ordinance No. 862: "An Ordinance of the City of
Cupertino Amending Section 1 of Ordinance No. 2 by Prezoning Approxi-
mately 0.19 Acres from Santa Clara County CG to City of Cupertino
P; Located Adjacent to and Southwesterly of S~nta Clara Avenue Midway
Between Grand Avenue and Alhambra Avenue."
It was moved by Couoc. Nellis, seconded by Counc. Jackson and passed unan-
imously by those present to read Ordinance No. 862 by title only and the
Mayor's reading to cunstitute the second reading.
I~ W&s moved by CQunc. Nellis, seconded by Counc. Jackson and passed unan-
imously by those present to enact Ordinance No. 862.
25. Second reading of Ordinance No. 856: "An Ordinance oi the City of
Cupertino Amending Section I of Cl'dinance No.2 by Rezoning Appro"i-
matply 20 Acres from Al-43 Zone tD Rl-60 Zone, Rl-120 Zone, Rl-150
Zone and RI-400 Zene; Located in che L~Jer Regnart Canyon Southerly
of the Existing Candy Rock Subdivi~¡r,n."
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MINUTES OF THE KARCH 6, 1978 CITY COUNCIL KUTIIIG
,
It was moved by Counc. Jackson, aecon<1ed by Counc. O'lteefe aDd paeeed una
iWJusly by those present to read Ordinance No. 856 by title only and th~
Mayor's reading to constitute the second readins.
It was lIIOVed by Counc. Jackson, aeconded by Counc. O'Keefe anel paased
with Counc. Nellis abstainina aad Counc. Meyen abeent to enact Ordinance
No. 856.
2'>. Second reading of Ordinance 110. 858: "An Ordinance of the City of
Cupertino Amending Section 1 of Ordinance No. 2 by Rezoning and
Prezoning 58.5 Acres from City of Cupertino Al-43 Zone and S3nta
Clara County RHS Zone to City ~f Cupertino Rl-80 Zone, 11.5 ~crea
frOlR City of Cupert~~ Al-43 Zone to City of Cupertino Rl-120 Zone
an" 24.5 Acres frJIII City of Cupertino Al-43 Zone and County of Santa
Clara RHS Zone to City of Cupertino "A" Zone, Totali"g Approximately
94.5 Acres; Locat~d on the Westerly Ridgeline of Regoart Canyon with
Access to be Gained Via the Southern 'Cerminus of Regnart Road."
It was moved by Counc. Jackson, seconded by Counc. O'Keefe and passeå
unanimously by those present to read Ordinance No. 858 by title only and
the Mayor's reading to constitute the aecond r~ading.
It was moved by Counc. Jackson, aeconded by CoU',IC. O'Keefe and passed with
Counc. Nellis abstaining and Counc. Meyers abseot to enact Ordinance No.
858.
4IÞ RESOLUTIONS
27. No. 4657: "A Resolution of the City Council of the City "f Cupertino
Proclaiming March 14, 1978 as Fast Day in the City of Cupertino and
Inviting Residents to Become Acquainted with Goals and Purposes
of Such Fast Day."
It was moved by Counc. Nellis, seconded by Counc. O'Keefe and passed unan-
imously by those present to adopt Resolution ~o. 4657.
Council directed that a copy of Resoluti~n No. 4657 be forwarded to Mr.
Phillip Spiegel of Hunger Project.
STAFF FI:.PORTS
28. Minute order regarding advice to Architectural and Site Ap?roval Com-
mittee in instances where recommended decisions are modified by
Council action.
.
It was move" by COW1C. Nellis, seconded by Counc. Jackson and pa3sed
unanimously by those present that the City Clerk forward tu committees
and commissions the rationale for instances where the committees' and
commissions' decision or recommendation on an item is reversedt deleted
or modified. Council suggested that this could be done via the sending
of the Council Actions to commissioners or c~mmittee members.
29. Recommendation regarding design characteristics and acceptability
of proposed metal-frame bus stop shelters to be insta~led by Santa
Clara County Transit District.
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CC-406
Pa¡e 5
Second read-
:l.ns of Ord.
No. 856
Ord. No. 856
euacted
Second read-
ing of Ord.
No. 858
Ord. No. 858
enacted
Res. No. 4657
adopted
Copy to be
sent
Committees
and commis-
sions to be
notified
when Council
modif ies
recommendatio
.
.
CC-406
P.sg~ 6
J
Bus shel ter
concept and
location ap-
proved
Res. No. 4668
adopted
Veterans bus-
iness license
fee waived
fa,xtended
pJlllll"od of tim
Wa'ver of bus
lness license
fe"
Support AB
2442
New form for
denial of
claims rp-
quested
-
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MINUTES OF THE KARCH 6, 1978 CITY COUNCIL MEETING
It was ,,"ved by Counc. Jackson, second~d by Counc. HelEs snd paalld unan-
imously by those present to approve the concept of 10C4tton and dBstan for
the trial County Transit District bus shelter.
30. Oral reports by staff members and sublllission of written reports.
It was moved by Counc. Jackson, seconded by Counc. Nellis and paased
unanimously by those present to adopt Resolution No. 4668.
The establishlllent of the County Justice System Advisory Board and the en-
vironmental assessment of alternative sites were scheduled for the regular
meeting of March 20, 1978.
NON-AGENDA BUSINESS
31. Recognition by Mayor of special requests.
(a) General Audience - None
(b) City Council
It was moved by Counc. Nellis, seconded by Counc. Jackson and passed unan-
imously by those present that the waiver of business license fee for the
Purple He3rts Veterans Rehabilitation Services, Inc. solicitation pe~mit
be extended through the period ending May 31, 1918, pending rpceipt of
information requested by the San Jose Public SolIcitation Commission and
clearance from that organization.
It was moved by Ccunc. Nellis, sec~ndEd by Counc. Jackson and passed unan-
imously by those present that the business license tee for Californians
Against Waste be waived.
COUNCIL REPORTS
It was moved by Coune. Jackson, seconded by Counc. O'Keefe and passeà unan-
imously by those present to follow the recommendation of the Legislative
Review Committ~e and support AD 2442.
Council request~d that the City Attorney and other staff members develop
a new procedurE cnd form for notifying persons of denial ~f c~aims by Council.
The Mayor adjourn>d the Meeting at 10:30 p. m. to March 14, 1978 at 7:30 p. m.
(~; â/
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Deputy City é1erk