CC 02-21-78
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CITY OF CUPI::RflNO, STATE OF CALtPORNlA
10100 Torre Avenue, Cupertino, California 95014
Telephone' 252-4505
KINUTES OF 'lBB REGULA1l MEETlHG OF 'lBB CITY COtJRClL
HELD OM FEBRUARY 21, 1978, IB THE COIIlI.:!!. CllAKBBR CITY HALL
CUPEIlTlBO, CALIFORNIA
SALUTE TO THE FLAG
Mayor Frolich called the lIIeetina to order at 7:04 p. œ. in the Ccunçil
Chamber of City Hall.
ROLL CALL
Counc. Present: Jackson, Meyers (left at 10:35 p. III.), Nellis (7:07 p. m.)
O'Keefe (left at 10:37 p. m.), Mayor Frolich
Staff Present: City Manager Quinlan
Director of Administrative Services Ryder
City Attorney Ad8111S
Director of Public ~orks Viskovich
Assistant Planning Director Cowan
Director of Parks and Recreation Butler (7:33 p. m.)
Assistant Planner Piasecki (7:45 p. III.)
Housing Rehabilitation Counselor Hastings
The Mayor gave permission for Counc. Meyers to address members of the
Council prior to the commencement of the formal business. Counc. Meyers
related information he had been able to gather relating to the plans of tne
Suoset Scavenger Co. In San Francisco for disposing of refuse for the City
of San Francisco c~mmencing in 1983 by a process involving incineration
through use of private capital. He then advised the Cotmcil that he would
have to be in the Baltimore/Washington, D. C. area commencing March 1, and
requested approval to investigate a similar system of incineration in that
êrea.
It was lIIoved by Counc. Jackson, seconded by Counc. O'Keefe and passed unan-
imously that Counc. Meyers be reimbursed for those expenses incurred by him
while io that area which relate to his review ~f this disposal process.
Resolottion No. 4645: "A Resolution of the City Council of the City
af Cupertino Adopting an Amendment to the General Plan Regarding a Pre
cise Street Plan for the Reach of Steven. Creek Boulevard between Bubb
Road and Ridgeway Drive and a Specific Land Use and Circulation Plan
for 'Old Monta Vista'." (continued from meeting of February 16, 1978)
Following discussion by members of the Council, Counc. Jackson moved to
~pprove Resolution No. 4645 with the provision that Cupertino Road is to
remain open and to request the stafi to prepare draft guidelines and pol-
icies according to the comments of Council members including the timing
and implementation of the plan line for adoption by the Council.
CC-404
Pege 1
Refuse dis-
posal system
Counc. Meyers:
to be reim-
bursed
Res. No. 4645'
adopted with
provisions
CC-404
P"Ji..2
p!W of motion
Withdrawn
Res. No. 4645
adopted
Guidelines
.Jnd policies
to he prepared
Inquiry re
Use of HCD
funds
J tems removed
.
Consent Cal.
approvC'd
.
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MINUTES OF TIll! FEBRUARY 21, InS, CITY COIINCD. MEETING
Counc. Jackaon withdrew che firsc part of the motion pending action on
the submiasion of proposed luide1inea after Mr. Cowan had cOllllllented
on the need for a coøplate packaae for transaiss10n co the County.
It was moved by Counc. Jackson seconded by Counc. Heyers and pan.d with
Counc. O'Keefe dissenting to .pprove Resolution No. 4645.
tt was moved by Counc. Jackson, seconded by Counc. Meyers and passed
with Counc. O'Keefe dissentina for the staff to prepare guidelines and
policies in accordance with comments made by lIIembers of the Council which
then may be adopted by the City Council.
The staff was requested to inquire on whether HCD funds lIIay be used
for traffic control purposes in Manta Viota.
CONSENT CALENDAR
It was requested that Items 5 and 7 be removed.
1. Resolution No. 4654: "A Resolulion of the City Council of the City
of Cupertino Allowing Certain Claims and Demands Payable in the
Amount and frolll the Funds as Hereinafter Described fur General and
Miscellaneous Expenditures for the Eight Day Period Ending January
31, 1978."
2.
Resolution No. 4656: "A Resolution of the City Council of the City
of Cupertino Allowing Certain ClailllS and Demands Payable in the
Amount and frOll the Funds as Hereinafter Described for General and
Miscellaneous Expenditures for the Eleven Day Period Ending Feb-
ruary 13, 1978."
3. Resolution No. 4658: "A Resolution of the City Council of the City
of Cupertino Allowing Certain ClailllS and Demands Payable in the
Amounts and from the Funds as Hereinafter Described for Salaries
and Wages for the Payroll Period Endir.g February 14, 1978."
4. Waiver of business license fee for Cysti~ Fibrosis Foundation,
No. Califonlia Chapter solicita~ion program.
6. Minutes of regular meeting of February 6, 19i8. (CC-401)
8. Acceptance of City project performed under contract:
Civl~ Center Parking Lot
Lighting Conversion - Project 7R-2
Contractor - Design Dynamics
It was moved by Counc. Jackson, seconded by Counc. Meyers and passed
unanimously to approve the balance of tre Consent Calendara
Vote
AYES:
NOES:
ABSENT:
ABSTAIN:
Members of the City Council
Jackson, Meyers, Nellis, O'keefe, Frolich
None
None
None
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MINU:ES OF TIlE FEBRUAR'í 21. 1978. CITY COUNCIL MEETING
·
ORAL COMML~ICATIONS
~. Mrs. O'Patti Brisco submitted a protest as to the lack of representa-
tion before the City Council on behalf af County residents.
PUBLIC HEARINGS
10. Traffic Signal Interconnect Program.
Presentation - Mrs. O'Patti Brisco
It was moved by Counc. Jackson, seconded by Counc. O'Keefe an~ passed unan-
imously to close the public hearing.
It was move~ by Counc. Jackson, seconded by Counc. Meyers and passed with
Counc. 0 Keefe dissenting to include the traffic signal interconnect pro-
gram as rccommended in the Capital Improvement Budget.
CITY CLERK'S NOTE: Counc. Nellis left the chamber to abstain from the
following actions.
·
11. Application 29-Z-77 of City of Cupertino: Pre zoning of seven existing
lots of recQrd from Santa Clara County RHS (Residential Hillside Vari-
able Slope District) consisting of 14.9 acres of which .6 acres is
to be pre zoned to RI-20 (20,000 sq. ft. minimum lot size), 3.80 acres
is to be prezoned to Rl-40 (1 acre lIIinimulll lot size), 2.00 acres is to
be prezoned to Rl-80 (2 acre minimum lot size), 3.26 acres is to be
prezoned to RI-120 (3 acres minimum lot size), and 5.30 acres is to be
prezoned to Rl-200 (5 acres minimum lot size). Said property is lo-
cated adjacent to and westerly of Regnart Rd. approximately 3,000 ft.
south~rly of the intersection of Regnart Rd. and Lindy Ln. Rec~m-
mended for approval.
(a) First reading of Ordinance No. 859: "An Ordinance of the City
of Cupertino Amending Section 1 of Ordinance No. 2 by Prezoning
Seven Existing Lots of Record from Santa Clara County RHS Zone
Consisting of 14.9 Acres of Which .6'Acres 19 to be Pre zoned to
Rl-20, 3.80 Acres is to be Prezoned to Rl-40, 2.00 Acres is try be
Prezoned to Rl-80, 3.26 Acres is to be Pre zoned to Rl-120, and
5.30 Acres is to be Prezoned to RI-200; Located Adjacent to and
Westerly of Degnart Road Approximately 3,000 Ft. Southerly of the
Interse~tion of Regnart Road and Lindy Lane."
Presentations - Jo-Ann Gholson, Regnart Road; O'Patti Brisco, Monta Vista
resident; Dorothy Wright, Regnart Road.
It was moved by Counc. Meyers, seco"ded by Counc. O'Keefe and passed unan-
imously with Counc. Nellis absent to close the public hearing.
·
It was moved by Counc. O'Keefe, se~onded by Counc. Jackson and passed unan-
imously with Counc. Nellis absent to approve Application 29-Z-77 pursuant
to Planning Commission Resolution 1800.
It was moved by Co~nc. Jackson, seconded by Counc. Meyers an~ passed unan-
imously with Counc. Nellis absent to read Ordinance No. 859 by title ~~ly
and the Mayor's reading to constitute the first rea~i~g.
CC-404
Page 3
Public hear-
ing closed
Interconnect
program to
be included
as recom-
mended
Public hear-
ing closed
29-Z-77
approved
First reading
of Ord. No.
859
CC-!·04
.-
Procedures re
annexat ion
Proceed with
annexation
21-Z-77
a;>proved
2_-77
approved .:is
aDended
First reading
of Ord. No.
85.
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MINUTES OF THE FEBRUAIlY 21, 1978, CITY COUNCIL MEETING
Hr. Viskovich requested direction froa the City Council on procedures to
be followed relatioq tc the annexation of certain parcels in the County
adjacent to lands p~titiODed for annezation.
It was moved by Co~nc. Jackson, seconded by Counc. Meyers and passed
unanimously with Co~~c. Nellis absent to proceed with ths annexation
of the entire area as required under the new State legislation and as
directed by LAFCO policy.
PLANNING APPLICATIONS
16. Planning Commission report on Applications 21-Z-77 and 25-TK-77
of Almaden Valley Engineers (Peter Gwozdz): Recommended for
approval.
(a) First reading of Ordinance &0. 856: "An Ordinance of the City
of Cupertino Amending S~Ltion 1 of Ordinance No. 2 by Rezoning
Approximately 20 Acres frolll Al043 Zone to Rl-60 Zone, Rl-120
Zone, Rl-150 Zone and RI-400 Zone; Located in the Lower Reg-
nart Canyon Southerly of the Existing Candy Rock Subdiv~sion."
It was moved by Counc. Mey~rs, seconded by Counc. Jackson and passed
unanimously with Counc. Nellis absent to approve Application 21-Z-77
pursuant to Planning Commission Resolution No. 1808.
It was moved by Counc. Hey~rs, seconded by Counc. Jackson and passed
unanimously with Counc. Nellis absent to approve Application 25-TM-77
pursuant to Planning Commission Resolution No. 1809 with the following
amendments:
"There is to be added in Condition 22 the following language:
A covenant running with the land in favor of the City and appr~ved
by the City Attorney shall be recorded to insur£ comvliance with
the regulation prohibiting transfer of slope d..."sity dwelling unit
credit. II
There is to be included in Condition 23 the language, "No grading
shall be done frOlll the month of No~ember to the month of April.
If the developer chooses to grede during these months, he must first
post a bon¿ wirh the City in a s~ sufficient to repair any possible
damage done. The sum of the bond to be posted will be determined
by stiSff."
Condition 25 shall provide that the driveway access to Site No. 2
shall be reviewed by the Central Fire District and apprrved by
staff.
It was moved by Counc. Jackson, seconded by Coune. Meyers and passed
unanimously with Counc. Nellis absent that Ordinance No. B56 be read
by title only and the Mayor's reading to constitute the first reading.
CITY CLERK'S NOTE: Counc. Nellis returned to the Council Chamber.
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MINUTES OF THE FEBRUARY 21, 1978, CITY COUNCIL KEETtNG
PUBLIC HEARINGS (continued)
12. Application 24-Z-77 of City of Cup&rtino (Town Center): RezoniDI
approximately 50 acrea frolll an exi.tinl Planned Development zone to
a revised Planned Developlllant zone which is cons1øtent with the Gen-
eral Plan. Said Planned Development zoning area may incIu~e a mix-
ture of land use types including c~rcial and residential. Said
property is generally located within the southeast quadrant of the
intersection of Stevens Creek Boulevard and De Anza Boulevard. Rod-
rigues Avenue is on the southerly boundary of the zoning boundary.
Recommended for approval.
Presentat!ons - Mr. Mike Fleischman (Williams-Kuebelbech and Associates),
G. D. Gibson (KoIl Co.), Roger Griffin (Kay Investment Co.), Barbara
Rogers (Auburn Dr.)
The consensus of the Council was that the public hearing is to remain open
for an indefinite date pending receipt of a formal application for develop
ment which development is to conform substantially to the co~cepts as ex-
pressed by the members of the City Council.
It was moved by Counc. Jackson, seconded by Counc. Nellis to endorse the
provisions of Planning Collllllission ReAolut-'.on 1803 including the communHy
objectives as set forth in Atrachment "A" with the following changes
being made in Item No.2:
Insert the word "newll between the ¡rords "of" and "commercial II
in the second line.
Insert the words "use best effNts to" between the words
"shal1u and "incorporate" in the eleventh line.
The motion passed unanimously with Counc. Meyers and Counc. O'Keefe absent
Mayor Frolich recognized a non-agenda item, that being a request from
Va1lco Park for permission to occupy the Penney's store prior to the com-
p'etioo of Vallco Parkway as required under Condition 19 of Application
6-U-73.
It was mov~d by Coun~. Jackson, seconded by Counc. Nellis and passed unan-
imously with Counc~ Meyers and Counc. O'Keefe absent to authorize such oc-
cupancy as requested.
13. Application l4-Z-77 of Oxbow Land and Development Co.: Prezoning ap-
proximately 0.19 acres from Santa Clara County CG (General Commercial)
to City of Cupertino P (Planned Development with duplex residential
intent). Said property is located adjacent to and southwesterly of
Santa Clara Ave. midway between Grar-d Aveoue and Alhambra Avenue.
Recommended for approval.
CC-404
Page 5
Public hear-
ing to re-
main open
Endorsement
of provisions
of Planning
Co.... Res.
It.03 as
amended
Vallco re-
quest to
occupy
Penney I s
ReqLest
granted
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CC-404
.6
Public Hearing
closed
14-2-77
approved
First reading
of Ord. No.
862
Adjournment
to Executive
Session
.
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MINUTES OF THE FEBRrARY 21, 1978, CtTY COUNCIL MEETING
13. (a) First read1.ng of Ordinance 110. 862: "An Ordinance of the City
of Cupertino Amending Section 1 of Ordinance N~. 2 by Pre-
zonina Approximately 0.19 Acres from Santa Clara County CG
to City of Cup"rtino P; Lccated Adjacent to and Southwesterly
of Santa Clara Avenue Midway Between Grand Avenue and Al-
hambra Avenue."
It was moved by Counc. Jackson, seconded by Counc. Nellis and passed
unanimously with Counc. Meyers and Counc. O'Keefe absent to close the
public hearing.
It was moved by Counc. Jackson, seconded by Counc. Nellis and passed
unanimously with Counc. Meyers and Counc. O'Keefe abscnt to approve
Application 14-Z-77 pursuant to Planning Commission Resolution 1804.
It was moved by Counc. Jackson, seconded by Counc. Nellis and passed
unanimously with Counc. Meyers and Counc. O'Keefe absent to read Ordinance
No. 862 by title only and the Mayor's reading to constitute the first
reading.
It was moveQ by Counc. Jackson, seconded by C~unc. Nellis and passed
unanimously with Counc. Meyers and Counc. O'Keefe absent to adjourn to an
Executive Session at the requ~st of the City Attorney to discuss litigation.
Mayor Yrolich adjourned the meeting to Executive Session at 11:33 p. m.
He leconvened the Council in open session at 11:50 p. m. and adjourned
immediately thereafter to 7:30 p. III., February 22, 1978.
City Clerk