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CC 01-16-78 ~ . . . . '\, "ë""","~"' "-":"'^,, ':'.-I'''i'''':>·c~''·-"-,'i~·'~'"-· f"--- .'¥, ''''''''',,,,:","'''',' '~""""""";'-"~"-'::-:T:~'":-~";T '< ""-,,":,,¡;"¡,';- CITY OF CUPERTINO, STATE C~ CALI:>ORNlA 10300 Torre Avenue, Cupartin,·, Califomia 95014 Telephone: 252-4505 MlNUTESOF THE REGULAR MElTING OF THE CITY COUNcIL HELD ON JANUAIlY 16, 1978, III THE COUNCIL ClWtBBR, CITY HALL CUPERTINO, CALIFORNIA SAW7E TO THE FLAG Mayor FroJich called the lIIeeting to order at 7:34 p. m. in the Council Chamber of City Hall. ROLL CALL Counc. Present: Jeckson, Heyers, Nellis (7:37 p. III.), O'Keefe, Mayor Frolich Staff Present: City Manager Quinlan Director of Administrative Services Ryder Director of Planning and Development Sisk Director of Public Works Viskovich Director of Parks and Recreation Butler City Attomey Adams CONSENT CALENDAR Items 4 and 8 were removed ~rolll the Conseat Cale~dar. It was moved by Counc. Jackson, seconded by Counc. O'Keefe and passed unan imously with. Counc. ,_ Kellis absent to appœvel tlla_' balance of the Consent Calendar. 1. Resolution No. 4630: "A Resolution of the City Council of the City of Cupertino Allowing Certain Claims and Demands Payable in the Amount and fro. the Funds as Hereinafter Described for GP.neral and Miscellaneous Expenditures for the Seven Day Peri~d Ending December 30. 1977." 2. Reaolution No. . '534: "A Resolution of the City Council of the City of Cupertino Allowing Certain Claims and Demands Payable in the Amounts and flOll the Funds as Hereinafter Described for Salaries and Wages for the Peyroll Period Ending January 3, 1978." 3. Resolution No. 4635: "A Resolution of the City Council of the City 0 Cupertino Making Its Order Describing the Boundaries Designated as 'Hiramonte 77-9' to be Annexed to the City and Ordering Annexations to the City Without Public Hearing as Provided by Law; Approximately 1.142 Acres; Located on the West Side of Miramclte Avenue at Ricardo Road. II 5. Application HC-5l,385.2 - Cupertino Gardens Patio Homes requesting approval of perimeter fencing for the north prope~ty line of a resi- dential cluster .evelopment located at the northwest corner of Home- stead Road and North De Anza Boulevard. Recommended for approval. CC-397 Pege 1 Items removed from Consent Calendar; Consent Cal. approved ct-397 pe2 . art Can- yon communi- cation "~, ">?~,,",' . :::~".":,-.,,. '.....n;~-'----, ""-Y'\O":C""'-'''';~~''''-''''''''''"'~p''- MINUTES OF THR JANUARY 16, 1978, CITY COUNCIL KlŒTING 6. Application RC-51,312.2 - Jon M, and Carol K. ~rliep~ requesting app' )val of grading for a single-foUy residence located in ReaDart Canyon. !Ie<._ D40ad for approval. 7. Application ñC-51,075.152 - Vall co Park, Ltd. (Montessori School) requesting approval of site and architecture for a pre-school located adjacent to and southerly of Prun;,ridas Avenue approxiaately 1,100 ft. easterly of WoUe IWad. RecommeDdsd for approval. 9. Application HC-51,450.1 - Marlene Sulaver aDd K~rilyn Hiatt (Baer House) requesting approval of site, architecture, landscaping and gradina for renovation of a historically significant single-family structure to commercial/office usage located approximately 150 ft. easterly of the intersection of Stevens Creek Boulevard and North De Anza Boulevard. Recommended for approval. 10. Resolution No. 3873.2.8: "A Resolution of the City Council of the City of Cupertino Approving Contract Change Order No. 1 for Vall co Park AssesSlllent District 1974-2." ll. Resolution No. 4639: "A Resolution of the City Council of the City of Cupertino Autho~izing Execution of Agreement with Santa Clara Valley Water District Providing for the Overlay of Stevens Creek Boulevard in Conjunction with the Water District's Project for the Reconstruc- tion of the Culvert Under Stevens Creek Boulevard." 12. Request for waiver of busi~ess license fee for annual sale by Fliends of the Cupertino Library. 13. Resolution No. 3101-65: "A R¡;solution of the City Council of the City of Cupertino Accepting Dedication of Real Property for Roadway Pur- pOS6S from Gerald M. Schwartz; Approximately 0.002 Acres, Located Within the Crossroads Assessment District Unit I, Northwest Corner of Bandley and Alves Drives." 14. Minutes of regular meeting of January 3, 1978. (CC-395) 15. Minutes of adjourned rëgular ~eeting of January 9, 1978. (CC-396) Vote Melllbers of the City Council AYES: NOES: ABSENT: ABSTAIN: Jackson, Meyers, O'Keefe, Frolich None Hellis None ORAL C~ICATIOIIS CITY CLERK'S NOTE: Counc. Nellis left the Council Chamber. 16. The Kayor commented that although no one previously had requested to appe2r under Oral Communications, he had received a request that eve~ing Croll ~rs. Jo-Ann Gholson relating to submitted written communications for the "People's Canyon PI....... and a petition to stop land decision, involving Regnart Canyon. Following discussions on this and the forthCOllling public -....... .'~ ,¡,j:,;...;",'" ...~~-,- ~ "',,' ~.., ,..,~,.:, .'T?:"." -"¡~:J~l~_~:\,\'~~~,*,U~.~J!'>'~":~~~~~~~ . · MINUTES OF THE JANUARY 16, 1978, CITY COUNCIL HBE'!IRG hearing on Application 12-Z-77, it WAS IIIOved by Counc. Meyers, seconded by Counc. Jackson tlDd passed UDllldllOUSly with Counc. lIellis abS"Dt that the public hearings on Application 12-Z-77 and the draft Enviroaaentnl IlIIpact Report for the Robert Nellis application, the ''People's Canyon Plan" and the petition involving Re p1art Canyon be placed as the first itelllS of business under public hearings for the February 6, 1978 agenda. The staff was requested to subait a report on the impact of rounding up permitted dwelling units as they pertain to the Regnart Canyon applicatinn CITY CLERK'S~: Counc. Nellis returned to the Council Chamber. PUBLIC HEARINGS 17. Application 29-U-77 of Robert Alarik Peepari (Do-Nut Wheel): Use Permit to allow construe.ion of a douahnut shop containing approxi- mately 1500 sq. ft. in a P (Planned Development) zone. Said property is located at the southeast corner of the intersection of De Anza Blvd. and Lazaneo Drive. RecoAnende& for approval. · Presentations - J. Robert Dempster, applicant attorney; Ralph TUlner, sound consultant; Bob Herrick, Cupertino resident; Mrs. Marian Larson, N. De Aoza Boulevard; Elise Sharv, N. De ADza Boulevard; Mike Meyer, BAS Homes; Donald P. Duval, Randy l.ane; William Weil, applicant. It .'as moved by Counc. Jackson, seconded by Counc. Meyers and passed unan- imously to close the public hearing. It was moved by Counc. Jackson, seconded by Counc. Meyers and f'a~ded unan- i~ous1y to re-open the public hearing to permit additional comments by Hr. Dempster. It was moved by Counc. Jackson, seconded by Counc. Nellis !II1d pass..j unan- imously to close the public hearing. It ~as moved by Counc. Nellis, seconded by Counc. trolich and passed with Counc. Meyers dissenting to rescind the previous action of the City Coun- cil relating to this application on November 21, 1977, to approve the Planning Commission recommendation for Ap,lication 29-U-77 under its Resolution No. 1777, to amend Con~ition No. 16 to indicate the square footage of the building to be 1,540 sq. ft. and to amend Condition 17 to provide for requiring redesign of the parking lot in the fu.ure if such is required by the City. 18. Resolution No. 4636: "A Reso1udon of the City Council of the City of Cupertino Ordering Street Name Change Pursuant to Section 5026 of the Streets and Highways Code; Change Canyon "Vista ~urt to Canyon Vista Drive." · It was moved by Counc. Jackson, seconded ~y Counc. O'Keef~ and passei unan imous1y to close the public hearing. CC-397 Page 3 Public hear- 11118 re Reg- Dart Canyon to b. aaen- dued for lab. 6, 1978 Report on .rounding up dwelling units Public hear- ing closed Public hear- ing re-op.med Public hear- ing closed Previous ac- tion of Count. rescinded, Planning Co... recummendat iOl approved as amended Public hear- ing closed ¡j<J¿ Res. No. 4636 adopted 33-U-77 ap- proved . Cont inued HC-51,421.1 approved with Condi tion 10 deleted Blaney Ave. traffic item to be dis- cussed 31.: Jan. 17.ting ~'''-'''''''':,-' ~ -r'",:"-';"~-~' ~'~".""-':'~ ,," ;">¡:'''''''''''''''\~-~'!'f.~';.::;'''''''':~~:~~~~':::€~;''~~~';;'1'~~,~}',~'ò_::;~~r··· MINUTES OF THE JANUA&Y 16, 1978, CITY COtJRCIL MEETING It was moved by Counc. Jacuaù, reconded by Counc. Meyers and passed unanimously to adopt Resolution No. 4636. PLANNIN~ APPLICATIONS 19. Application 33-iJ-77 of Jenn Chill: Use Permit to allow construction of a restaurant containing approximately 7,200 sq. ft. and adjacent commercial building containir.g approxiaataly 6,900 sq. ft. Said property is located westerly of and adjacent tQ De Anza Blvd. approxi- mately 150 ft. north of the intersection of Valley Green Drive and De Anza Blvd. Recn.aended for approval. Presentations - Dick Pachece, developer; John Sobrato, developer; Design consultant for applicant It was moved by Counc. Jackson, seconded by Counc. Meyers and passed unanimously to approve Application 33-U-77 pursuant to Planning Commission Resolution 1791 with the specific understanding that this action does not include dpproval of the site layout or the building deøign. ITEMS REMOVED FROM THE CONSENT CALENDAR 4. Application HC-51,442.1 - Dividend Development ~rporation requesting approval of site, architecture, landscaping and grading for a mini- storage warehouse complex with caretaker's residence located adjacent to and southerly of 280 Freeway adjacent to Blaney Avenue. ~commended for approval. Presentation - Martin Oakley, building design consultant It was moved by Counc. O'Keefe, seconded by Counc. Jacksnn and passed unanimously to continue the application for purpose of clarifying the use and covering ability of wall materials. 8. Application HC-51,421.1 - Pacific Valley Bank requesting approval of exterior lighting for a bank parking lot located at the north- easterly quadrant of North De Anza Boulevard and Stevens Creek Boule- vard. Recommended for approval. Presentation - Mr. Phil Boyce, applicant. It was moved by Counc. O'Keefe, seconded by Counc. Frolich mld passed unanimously to approve the application as recommended but to delete Con- dition 10. It was moved by Counc. Nellis, seconded by Counc. Meyers and passed unanimously that t.he agenda item relating to dissatisfaction to response on complaints of South Blaney Avenue traffic situation be discussed as the first item of business on January 17, 1978 in conjuaction with the study of the traffic signal interconnect study. CITY CLERK'S NOTE: Counc. Nellis left the Council Chamber. ¡,;;' . . . .~.. "~,"",,~,~ -~":~·1'~~,~1f"~t,·,...--::~r¡~~~to/:J:,~"i"....~}'~~'t!t..,~4l"~;,~~.,::-,~._j,~J.:,~~..t.:r.:!,..,,~_.ç.~.:;; MINUTES OF THE JANUARY 16, 1978, C1'l'Y COUNCIL tlEETING It was moved by Counc. Meyers, seconded by Couac. Jacksoc and p....d unan- imously with Counc. Nellis absent to cOliðine _seadA it..... 21, 33 and 34. UNFINISHED BUSI5ESS 21. Review and di.cussion of proposed Regional Quality Control Board dis- crete sewage disposal policy. ORDINANCES 33. First reading of Ordinance No. 821: "AD Ordinance of the City of Cupertino Repealing Chapter 15.20 of the ManJ.cipa1 Code and Re- enacting Said Chapter Pertaining to Sewage Disposal Systæs." RESOLUTIONS 34. No. 4568: "A Resolution of the City Council of the City of Cupertino Adopting Standards for the Installation of Private Sewage Disposal Systems. II It was moved by Counc. Jackson, seconded by Counc. O'Keefe and p.ssed UDan imously with Counc. Nellis absent to SIIIend Section 15.20.060 of Ordinance No. e2l to provide for biznnual inspections rather than annual. It was moved by Counr.. Jackson, seconded by Counc. Meyers and passed unan- imously with Coune. .Nellisabsent to read Ordfft.ftre No. 8¡1 by tlt1.~oDly and the Mayor's ,reading to constitute the first reading. Following advice by the City Attorney, the Council cnntinued .ction on Resolution No. 4568 pending the enactllleut of Ordinance No. 821 at the next meeting. CITY CLERK'S NOTE: Counc. Nellis returned to the Council Ch8lllber. UNFINISHED BUSINESS 22. Determination of date for adjourned meeting to discuss proposed En- vironmpntal Management Plan for the Bay Area and the Santa Clara Valley Corrido. Evaluation. It was the consensu. of the Council that the propose~ Environmental Manage m~nt Plan and the Santa CI~ca Valley Corridor Evaluation be discussed at an adjourned meeting on January 30, 1978. The _eting will co_ence at 6:30 p. m. for the previously announced study session with Supervisor Steinberg which session will continue until 8:00 p. m. when the Environ- mental Management Plan discussion will take place. Should this scheduling not be sa:isfactory to SupervIsor Steinberg, the order of discussion will be reversed. CITY CLERK'S t~: Counc. O'Keefe left the _eting at 11:09 p. m. 23. Request for abatement of landscaping moratorium. "".-'-'- ~. "'. 1 J!Y.: .-f·F'" 1 \ C.:::-3H Page 5 IteM com- bined Section of Ordinance 821 amended First reading of Ord. No. 821 Res. No. 4568 continued Environmental Mgmt. Plan & Corridor Evaluation to be discussed at Jan. 30 meeting '~'...:"'-¥'.,.- --0'--,-·.·...'·' ."""!"~~,"Jf"~,~..~"~,.., "'~\~~''''i¥.,.~''f\'..~,..~.~~'"''If!'ì;''f''!o/''.~.".:"'~' HINIITIS OF JA1ff1AJ.f 16, 1978, ern COI1ICn 1IU'l'.u«: CC-397 ' Page E.' It was ...ved b, Counc. lIel1ie, seconded by Counc. Jacuon and p....d unani"'ualy with COunc. O'Keefe abaent that the ...ratoriUII on landacapina be lifte4 and th. developers who had been affected by it be notified to proceed with approved landscapina plans. NEW BUS INESS . . 24. Report of bida rece1vad and award of CO!1tract for Corporation Yard DeveloPMnt. (a) Earthwork and aredina, rough and finish (b) A. C. pavlna (c) Concrete and ..sonry (d) Pluabing (e) Electrical (f) Air conditioning (heating & sheet metal) (g) Fire sprinkling (h) Roofing (i) Stucco - lath & plaster (j) Painting (k) Dry wall (1) Ce,alllic tile (m) In..uløtion (n) General work Rough carpentry, Finish carpentry, Ceiling, Flooring The City r.lerk presented the bids received for the proposed fourteen con- tracts involvina the Corporation Yard Development and advised the Council of certAin discrepancies in the biddiag procedures. The City Attorney advised the Council that his review of precedents involving auch ir- regularities had not produced conclusive results and therefore recom- mended that the City Council waive all bidding irregularities for the good of community interest in obtaining the loweat possible bids for the proj ect. It was moved by Counc. Jackson, seconded by Counc. Meyers and passed unanimously with Counc. O'Keefe absent to award contracts as follows including therein the alternate for the fueling island and the alternate for the ceramic tile, to waive the bidding irregularities as recommen4ed by the City Attorney, to reject the formal protest of O. C. McDonald Co., Inc., and to appro~riate $89,720 from the General Fund to cover the additional costs of the project: Alternate Alternate Contract Contractor Base Bid Fuelin¡¡ Is] and Ceramic Tile Earth...ork/ McCarthy & Grading Spiesman $ ".'''~ $ 4,766 Combined bids reduced A. C. Paving McCarthy & total of $5,000 upon Spiesman 28,826 12,417 award of b')th contract Concrete & Masonry R. L. Chaides 68,600 2,350 Plumb ing J. Amaral 37,099 26,013 Electrical Garbini Electric 39,800 1,800 . Air Conditioning (Heating & Sheet Metal) L. R. Trillo 13,800 Fire Sprinkling Guardian Auto. 13,990 . ~~":''''~1~':~,;~~S",t!\'?~~';;>:';~~~~~"?1'''., ,. ,~. ',.'..<. ··..,";t~:'\··~. '.. MINUTES OF THE JAlmARY 16, 1978, CITY COUNClL HlETI:lG . Alternate Alternate Cont rac t Contractor Base Bid Fuelinll bland Ceramic TUe Roofing Radonich $ 8,730 Stucco Albert Thiel 19,887 Punting A. Picone 6,553 Dry Wå~l Jack Horton 15,555 Ceramic Tile Karmol Tile 6,351 $ 3,240 Insulation Shaw Insulation 4,955 General Work J. Hernandez 79,000 25. Complaint for injunction and damages filed by Vernon }liller, Continu£d to Executive Session to be held later in meeting. 26. Proposed ordinance banning smoking in certain places in Cuperti~~. . It was moved by Counc. Jackson, seconded by Counc. Meyers and pass..'; unan- imously with Co¡mc. 0' Keefe -abs~t :,to -crefer thi8,tQ,~ ;h'LGity Attorney foe review and -to ,schedule it {qit l!!1bl~c,_he.riD8 {oF tbe second lIIeeting in February. . 27. Review of annual report, Housing and Community Development Block Grant and authorization for Kayor to sign. It was moved by Counc. Jackson, seconded by Counc. Nellis imously with Counc. O'Keefe absent to authori.e,the Mayor annual report. ORDINANCES and passed unan- to sign the 31. Second reading of Ordinance No. 857: "An Ordinance of the Cicy "f Cupertino Amending Section 1 of Ordinance No. 2 by RezoninF Appcoxi- inately One Acre frOlll R3 Zone and Rl-lO Zone to P Zone; Located Adjacent to and Easterly of Blaney Avenue Approximately 17S Ft. Southerly of the Intersection of Stevens Creek Boulevard and Blaney Avenue. II It "as moved by Counc. Jackson, seconded by Counc. Meyers and passed UD8D'- imously with Counc. O'Keefe absent to read Ordinance No. 857 by title only and the Mayor's reading to constitute th~ se~ond reading. It was moved by Counc. Jackson, seconded by Counc. Meyers and passed unan- imously with Counc. O'Keefe absent to enact Ordinance No. 857. . 32. First reading of Ordinance No. 843: "An Ordinance of the CLoy of Cupertino Regulating Stopping, Standing or Parking of Public Streets, and Providing for Sigr.s Notifying tI,e Public Thereof. and Further Providing for Penalties for Violation Thereo¿. ,. CC-397 Page 7 Continued to Ex. St;.ssion Referred to City Atty., to be set for public hearing Mayor auth- orized to sign Second read- inf: of Ord. No. 857 Ord. No. 857 enacted · CC-397' .8 F~ reading of Ord. No. 843 Res. No. 463i adopted Res. No. 4638 adopted O.report; s to keep Counc. in- formed Blaney traffic to be moni- tored Curb cuts for handicapped Paramedics to be discussed with Stein- berg Adjournment to Executive Session tAtvened in 0",," session "f":V"""""~""·;''''"'~~'_r{_~[7. ~~.r<X~"~~~~::;~~~1..-r.-""~1~~.~~~",,~'i~~~~>~~""" ..,¡(".. KINUTE~ OF THE JANUAIlY 16, 1978, CITY COUNCIL M1!!TDIG It was lIIoved by Counc. Heyers, seconded by ColAlc. Jackaon and peesed un8llimously fØth COUDeJi' (I~ItMf;," ~"'a&'1Þa1\.IIij' ,ØJiI!~"'1._,~iJiM,:;¡ title on1Y_tthe·'ICaJI.~'iU.~~,.rtW1tfrst reading. RESOLUT1(1)t!; 35. No. 4637: "A Resolution of the City Council of the City of Cuper- tino Author.bing Execution of Local Agency-State Agreema.t co Con- v..rt Mercury Vapor Luminaires to High Pressure Sodilllll Lum1r.aires." It was IIIOved by Counc. Meyers, seconded by Coun~. Jackson end passed unanilllOusIy with Co~.'O'Keefe abs"'-;Io adopt Resolution No. 4637. 36. No. 4638: "A Resolution of the City Council of the City of Cuper- tino Describing Process to be Used in Santa Clara County to Imple- ment the Fed",.al Aid Safer Off-SysteJII Roads Program." It was lIIoved by Counc. Meyers, seconded by Counc. Jackson and passed unanimously with Counc. O'Keefe absent to adopt Resolution ¡'o. 4638. STAFF REPORTS 37. Status of sales tax sharing agreements with County. An oral report by the City Manager was received and the staff again requested to keep the Council informed of new developlllents. NON-AGENDA BUSINESS 39. Recognition by Mayor of special requests. (a) General Audience - None (b) City Council The staff was requested to IIIcnitor traffic on Blaney Avenue which allegedly is being used improperly as a truck route. Thp staff was requested to investigate and submit a report on curb cuts for the handicapped. The staff was requested to place on an agenda for January 30 for discus- sion with Supervisor Steinberg the paramedic issue and t~e City Manager to submit a report Oq this prior to that time. It was moved by Counc. Jackson, seconded by Counc. Meyers and passed unanimously with Counc. O'Keefe absent to adjourn to an Execu;~ve Session for purposes of discussing litigation. The Mayor so adjourned the lllaeting at 12 :07 a. m. Th~ Mayor leconvened the meeting in opeû session at 12:16 a. m. 'J " ; (J)' ;;..' .. ~'"1.~ t... "',.... ~';;' ~. L.~:' -^t J.) :"';..t,'i~> ".>~'(id}a~' -,!:c, L.·:iP& 10" ~.''''''.''--'''',.' '.'~"-- · · · , . ·~/~,~~~i[,.,'\.~_~T~~,ri'~~'''' ; ,~' . " ~ . " KtNUTES OF TIlE JARUAR\' 16, 1978, ClTY COURClL KBETlNG It was moved by Counc. Jackeon, ..conded by Counc:. Meyers and passed uoan- imously with Counc. ~'Xeefe absent to refer the Complaint for Xnjunction and Damages fUed by Vernon MiUer to the City Attorney for appropriate City defense aod to authorize the City AttorD., to brina civil action against Mr. Vernon Hiller for abatement of nufsancea. The Kayor adjourned the meeting at 12:17 a. a. to 7:30 p. III., Tueaclay, January 17, 1978. CC-397 Pale 9 CoIIIplc1nt referred to City At::orney; autborization to bring civil action '._ '. ~ ;.. "'R~