CC 02-06-78
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CITY OF CUPERTINO, STATE OF CALlPORNIA
10300 Torre Avenue, Cupertino, California 95014
Telephone: 252-4505
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MINUTES 0"1 'lBB UG1JLA]I. KEETING OF THE CITY COtJRClT.
HELD 011 FEBRUARY 6, 1978, IN THE COutlClL ClWlBER CITY BALL
CUPERTINO, CALIFORNIA
SALUTE TO THE FLAG
Mayor Frolich called the meetina to order at 7:35 p. III. in the Council
ChalDber of City Hall.
Counc. Present: Jackson, Meyers, O'Keefe, Mayor Frolich
Counc. Absent: Nellis
Staff Present:
City Kanag~r Quinlan
Director of Planning and Development Sisk
Director of Parks and Recreation Butler
Director of Ptmlic Works Viskovich
City Attorney Adams
Assistant Planning Director Cowan
Housing Rehabilitation Counselor Hastings (lef~ at 10:00
pili.)
Deputy City Clerk Cornelius
Ttems 6 and 7, Architectural and Site Approval Committee applicationa
HC-5l,075.6 and HC-5l,2l6.6 were removed from the Consent Calendar and
will be considered at 7:30 p. III., Fp.bruary 7, 1978.
It was moved by Counc. Meyers, seconded by Counc. Jackson and passed unan-
imously with Counc. Nellis absent to approve the balance of the Consent
Calendar.
CONSENT CALENDAR
1. Resolution No. 4640: "A Resolution of the City Council of the City
of Cupertino Allowing Certain Claims and Demands Payable in the Amo~t
and frOlll the Funds as Hereinafter Dp.scribed for General and Miscel-
laneous Expenditures for the Seven Day Period Ending January 16, 1978.
2. Resolution No. 4642: "A Resolution of the City Council of the City of
Cup~rtino Allowing Certain Claims and Demands Payable in the Amount
and from the Funds as Hereinafter Described for General and Miscel-
laneous Expenditures for the Seven Day Period Ending January 23, 1978.
3. Resolution No. 4641: "A Resolution of the City Council of the City of
Cupertino Allowing Certain Claims and Demands Payabl~ in the Amounts
and from the Funds as Hereinafter Described for Salaries and Wages for
the Payroll Period Ending January 17, 1978."
4.
Resolution No. 4646: "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 Hereinafttr Described for Salaries and
Wages ~or the Payroll Period Ending January 31, 1978."
CC-401
Page 1
I'tems re-
moved from
Consent Ca1.
Consent Cal.
approv<:d
CC-40l
tJe 2
.
Project
Hunger r.eso-
lution to be
presented
Requests to
cont ioue de-
cAn re
NJlfis until
after elec-
tion
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HINUTES OF THE FEBRlJARY 6, 1978, CITY COUNCIL MEBTING
5. Resolution ~". 4648: "A Reso.l'J~ion of the City CoUDcil of the City
of C'1pertino Rðtifying the Ap;>ointment of Dorothy Cornelius 8. Deputy
City Clerk."
8. Waiver of business license fee for Americdn Cancer Sor.iety.
9. Minut~s of regular lIIeeting of Januar¡ 16, 1978. (CC-397)
10. Minutes of adjourned regular meeting of January 17, 1978. (CC-398)
11. Hinutes of adjourned regular :Deeting of January 30, 1978. (CC-'399)
12. Resolution No. 4650: "A Resolution of the City CO\Ø1cil of the City
of Cupertino Approving Contract Change Order No. 3 for Varian Park
Phase 1."
13. Resolution No. 4651: "A Resolution of the City Council of the City
of Cupertino Approvicg the Parcel Haps of Property Located Along
the Southe3st Corner of Bandley Drive and Alves Drive: Devel3per,
The Koll Company; and Authorizing the City Engineer to Sign the
Parcel Kaps."
14.
Resolution No. 4652: "A Resolution of the City t;ouncil of the City
of Cupertino Approvine Parcel Hap and Improvement Plans of Proparty
Located on the Northeast Corner of Old Cupertino Road and Foothill
Boulevard: Developer, Sunuyview Luther~n Home, Inc.; Authorizing
Execution of Improvement Agreement; Authorizing Signing of ?arcel
Hap and Improvement Plans."
Vote
Members of the City Council
AYES:
NOES:
ABSENT :
ABSTAiN:
Jackson, Heyers, O'Keefe, Frolich
NC'ne
Nellis
None
ORAL COMMUNICATIONS
15. Hr. Philip Spiegel, relating to Hunger Project.
Hr. Philip Spiegel addressed Council regarding Hunger Project. He stated
that every 5 minutes 100 people in the world die of starvation. He presented
a source document to Council, stated that starv~tlon was a problem whose time
had come and requested that Council adopt a proclamation similar to that
of Redwood City's. Staff was directed to prepare a resolution proclaiming
a Fast Day in Cupertino in support of Hunger Project to be presented at the
regular meeting of February 21, 1978. At that time Council will also receive
a breakdown of organization costs. Donations ar~ a s~urce of the Projeci. r~v~nue.
Council received written requests from Lawanda Bell, William R. Bell, Gary
Lee Latshaw and Salim ,1. Nasmeh to contin'Je any decision on the Nellis
property (application 12-Z-77, draft EIR, and application lO-TM-77) until
after the election on Harch 7, 197P
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MlNUTf.S OF THE l'DIUIARY 6, 1978, CITY COUNCIL MEETING
Al Chappell, candidate for City Council, urged that all Regnart Canyon
iteM8 be tabled until March 20, 1978.
Mr. Jerry Kerke10 epoke in support of approval of t"e Nellis application.
lie presented a petition to Council urging thelll to act expeditinualy in
thiø matter. Aleo speaking in support of the develoPll8l1t vas IIr. Don
Strandberg, a signator of the petition.
O'Patti ~risco, a Council candidate, expressed her opinion that the devel-
opment application should not have been submitted until after Mes. Ne11i3
had left her position on Council.
Mayor Frolich stated that with a Coun~il of fjve lIIembers, only three lIIust
be present to take action. Therefore, Mrs. Nellis' absence when Council
discussed the Nellis application did not impe~e action. He further stated
'hat Mrs. Nellis had alwav~ supporte<l ",ontrolled development. Counc.
O'Keefe suggested the EIR be discussed now and the applications be tabled
until after the March 7 .:.lection.
It was moved by Counc. Meyers, seconded by Counc. J.ckson and passed with
Counc. O'Keefe dissenting and Counc. Nellis abse~t to proceed with items
16, 17 and 23 on the agenda.
PUBLIC HEARINGS
16. To consider draft Environmental Impact Report for the proposed
rezoning/prezoning and tentative map to develop 94.5 acres into 23
single-family lots and one lot to be held in common for open space
use (Robert Nellis application) consistent with the Hillside General
Plan. Said project is located along the westerly ridgeline of Reg-
nart Canyon with acceGP to be gained by t~e southerly terminus of
Regnart Road.
(a) Resolution No. iob47: "A Resolution of the City Council of the
City of Cupertino Certifying the Final Environmental Impact
Report for the Nellis Residential Project (Regnart Canyon Area)
as to its Compliance with the California Environmental Quality
Act and State and Locally Adopted Guidelines."
(b) "People' s Canyon Plan and Other ....rated Subj ects Concerning
Regnart Canyor." submitted by Jo-Ann Gholson and Dorothy B. Wrigh
(c) The impact of the rounding-up process for densiti.es in the
Regnart Canyon.
(d) Petition to stop all land decisions involving Regnart Canyon
until the Hillside Ordinances are passed. Nellis ElR is adopted,
annexation is explained to County residents and a ~eneral
understanding of City policy regarding this hillside canyon area
is achieved and evaluated. Submitted by Mrs. Jo-Ann Gholson.
CC-401
Page 3
Urged tabling
of items
Petition pre-
sented sup-
porting devel
opment
Opinion re
submittal of
ßpplication
IIell1&' ab-
sence dirl not
impede Co=c.
action
Proceed with
hearing
CC-401
iel.
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Presentation
by Planning
L. road
HINUTES or TH£ FEBRUARY 6, 1978, CITY COUNCIL MEETING
17. Application 12-Z-77 of Robert Nellis: ReaOning and Preaonina 58.5
acre. frolll City of Cupertino Al-43 (Agricultural-Reaidentiel 43,000
sq. ft. per cIve11ing unit) Zone and Santa Clara County RHS (Raald_tial
Hillside Variable Slope District) Zone to City of Cupertino 11-80
(Residential, aingle-f8lllily 80,000 sq. ft. per dwelling unit) Zone,
II.S acres frca r.ity of Cupertino Al-43 (Agricultural-Residential
43,~OO sq. ft. per dwelling unit) Zone to City of Cupertino Rl-120
(Residential, single-family 120,000 sq. ft. per dwelling unit) Zone
and 24.5 acres from City of Cuper'~no Al-43 (Agricultural-Ra.idential
43,000 sq. ft. per dwelling unit) Zone and County of Santa Clara
RHS (Residential Hillside Variable Slope District) Z~ne to City of
Cupertino "A" (Exclusive Agriculture> Zone, totaling approxilll&tely
94.5 acres. Said property is located on the westerly ridgeline
of Regnart Canyon with access to be gained via the southern t'-minus
of Regnart Rd. RecommendeJ for approval.
(a) First reading of Ordinance No.8S8: "An Ordinan~e of the City
of Cupertino Amending Section I of Ordinance No. 2 by Rezoning
and Prezoning 58.5 acres frcm City of Cupertino Al-43 Zone
and Santa Clara County RHS Zone to City of Cupertino RI-80
Zone, II.S Acres frolll City of Cupertino Al-43 Zone lo City
of Cupertino Rl-120 Zone and 24.S Acres from City of Cupertino
Al-43 Zone and County of Santa Clara RHS Zone to City of Cuper-
tino "A" Zone, Totaling Approximately 94.S Acres; Located
on the Westerly Ridgeline of Regnart Canyon with Access to be
Gained Via the Southern Terminus of Regnart Road."
PLANNING APPLICATIONS
23. Application lQ-TK-77 of Robert Nellis: Tentative Kap to subdivide
94.5 acres into 23 single-family lots and one lot to be held iu
common and retained in an open space use. Said property is located
on the westerly ridgeline of Regnart Canyon with access to be gained
via the southern terminus of Regnart Rd. Recommended for apprcval.
Assistant Planning Director Cowan presen~ed information to Council pertaining
to the prezoning-rezoning application of Roberl Nellis (12-Z-7ì), the
draft EIR and the tentative map application. The proposed aevel,>pment con-
sistR of 94.5 acres to be divided into 23 single-f~ily home sites, with
one lot of 2~ acres to be held in common as open space.
He explained the use of round up concept, covered questions raised regarding
density, the deve!?pment pattern. the possibility of a loop road and erosion
control.
A representative fr~m McKay & Somps Environmental Center, Richard Mindigo.
Civil Engineer, hired by the City and a private geologist, Mr. Cleary of
J. Michael Cleary & Associates were present.
Mayor Frclich left at 8:S5 p. m.
A brief discussion ensued reg&rding advantages and dlsadvantageR of a loop
road.
Mayor Frolich returned at 9:00 p. m.
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MINUTES OF THE FEBRUARY Þ, 1978, r.IT'l COL"NClL MEETING
Kr. Robert Nellis presented Council with a petition signea by proosrty
owners neighbori~g the proposed Nellis development. The si~tors ~x-
pre~~ed their opinion that the plans are reasonable and thst sufficient
t ir.e had been apent on studies and hearings.
Mr. Dick Childress presente~ COUDci¡ with a plan to integrate development
in Regnart Caryon and Lindy Canyon and to provide roads.
Counc.t: re.,ched a conse¡sus to; meet at 6: 30 p. III., Tuesday, February 7,
1978 to ptart with it~' #29 on the agenda and cover the balancp. of the
agenda.
Recess - 9:25-9:40 p. m.
Upon reconvening the meeting, Mayor Froltch, who had a sore throat,
turned the gavel over to Mayor Pro Temporu Meyers. Hr. :r~l1is conti.nued
his presentation. Issues covered we.e septic capacity, slide ar~as, wild-
life, and the area proposed 5S open space. He tnen pr_senttj on-site
slides of the area cf the pro~seddevelop~~t. He tben introduced his
engineer, Mr. Faul E. Nowack of Pa~ E. Nowaèk & Associ~tes, Los,Altos,
who presented the plans for road....vaaon.
Discussion followed regarding im~a~t on the en~ironment, landslide poteu-
tial and fire hazard. It was established that if the toad is built and
then give~ wny, if it is a public roadway it is the Cit¡'s responsibility.
Mrs. Dorothy Wright, 22303 Regnart Road stated that ahe oyposeò the denait
of the plans pl~posed, not development. ~he also ques"ioned why the draft
EIR does not consist of independent research, but of staff study.
It was det~rmined that this is usual procedure when much of the research
has already been done.
Mrs. Wright stated that the draft EtR did not include several items, in-
cluding the relocation and supplying of water tanks, lines and fire hyd-
rant~~
The Regnart Assessment District boundaries and existing and possible road-
ways were discussed.
Mrs. Wright questioned lack of controls on construction noise, clearing
of vegetation and other controls that had been suggested in the EIR.
Mayor Frolic!. explained that until such time as a comprehensive constru"-
tion ordinance is developed and adopted each construction job is given
individualized limitations regarding days and hours of construction.
Hr. Steve McCarroll requested that Council make their decision; he is
against the subdivision but ts too tired to continue fighting it. He
express"d his opinion that the development will destroy the Canyon's view,
so11tude, serenity, and real wildlife.
Mr. Don Strandberg, a potential resident of Regnart Canyon, spoke in sup-
port of the project.
1
CC-401
"ie 5
ht1tion pre-
lented by
"eY~lope:r
Flant to inte
gt'l!t:e pr~-
sented.
Feb. 7 mtg.
to !ltart
with item 29
Gavel turned
over to C" ",.0.
Meyers: pre-
sentat1011
couLinueJ
ùens:ty cp-
posed
Items not in-
cluded in EIR
Assessment
Dist. dis-
cU9sed.
Lack of con-
trols ques-
tioned.
Each construe
tion job
limited in-
dividually.
CounCa urged
to make de-
cision
Project sup-
ported
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_eras re
condi t lor,s
iikpO~ed by
PI...:nin!; Co...
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C:cnti'1ued to
Fe:'. 7, 1978
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MINUTES OF THE FEBltUARY 6, 1978, CITY COuøcn. JllBTDlG
~pwanda Ball discussed her concerns regardiaa ~ conditions placed by the
Plannina eo..iss1on on the proposed develo~t and the .eeting of those
conditions. The itl!ll\ll brouaht up by her d~ with pad elevation, cut end
,111 area, ret.buraement of coata for off-tract t.prov...nta, and the lack
uf guidelines for use of planned open space pr~erve.
þ,t 11:35 p. III., Council adjourned and continued the public h..ring tu
7:40 p. ..., February 7, 1978. Council will convene at 6i30 p. III., Feb-
ruary 7, 1978 at which time ageuda itea 129 will be the first item of business.
.t2 .,-~
Deputy Clcy :;-le
a~'4