CC 01-03-78
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CITY OF CUPnTllIO, STUB OF CALlPOlINlA
10300 Torre Avenue, Cupert1DO, California 95014
Telephone: 252-4505
KIlWTES OF 'lBB RIGULAJI. HBB'lIS OF.TIII CITY COtJRClL
HELD ON JAIOARY 3, 197è1, III TIll COUIIc:IL CllAKBU, CITY BALL
CUPERTIHO, CALUOIIIIA
SALUTE TO THE FLAG
Mayor rrolich called the lleetina to order at 7:36 p. III. in the Council
Challlber of City Hall.
ROLL CALL
Counc. Present: Jackson, Meyers, Nellis (7~38 p. III.), O'Keefe, Kayor
Frolich
Staff Present: City Manager Quinlan
Director of Administrative Services Ryder
Director of Planning and Development Si~k
Director of Public Works Viskovich
Director of Parks and Recreation Butler
City Attorney Adams
CONSEIIT CALENDAR
It was moved by Counc. Meyers, seconded by Counc. O'Keefe and passed unan-
imously with Counc. Nellis absent to approve the ~nsent Calendar.
L
Resolution No. 4628: "A Resolution of the City Council of the City
of Cupertino Allowing Certain Claims and Demands Payable in the
Amounts and fro;a the Funds as Hereinafter Described for Salaries and
Wages for the Payroll Period Ending December 20, 1977."
2. Resolution No. 4626: "A Resolution of the City Council of the City
of Cupertino Allowing Certa!~ Claims and Delllands Payable in the
Amount and frOll the Funds as Hereinafter Described for General and
Miscellaneoua Expenditures tor the Seven Day Period Ending December
19, 1977."
3. Resolution No. 4629: "A Resolution 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 for General and
Miscellaneous Expenditures for the Seven Day Period Ending December
27, 1977."
4. Resolution No. 3873,27: "A Resolution of the City Council of the
City of Cupertino Aut~orizing Execution of Agreement with California
Water Service Company Providing for the Lowering of Facilities in
Tantau Avenue at the Intersection of Vallco Parkway, Valleo Park
Assessment District 1974-2."
5.
Resolution No. 4631: "A Resolution of the City Council of the City
of Cupertino Making its Order Descri~ing the Boundaries Designated
as 'Dozier 77-17' to be Annexed to the City and Ordering Annexations
to the City Without Public Hearing as Provided hy La~; Approximately
3.:~97 Acres; Located on the Sou;:h Side of Lindy Lane."
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'CC-39S
Paaa 1
I
Consent Cal-
endar approved
,
CC- 3'J 5
Page 2
.
Sup. Steinberg
re committee
to study
Kaiser traffic
Resolution of
Board of Sup-
ervisors;
Cu..-tino to
b",tive
participant
on committee
Counc. Nell is
City rep
.
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MtllllTES OF mE JARUAIlY 3, 1978, CITY COUNCIL IØl1ITDIG
6.
Resolution 110. 4632: ""' Resolution of the City Council of the City
of Cupertino Approving the Parcel Map of Prop6rty Loc.lted at the
Southeast Comer of 8lauey AftUue IIDcI 8teveDI Creek Boulevard;
Ower, Urich Oil CoIIpmy 8Dd UCO 011 ~"Y; Author1dng Signing of
Parcel Hap 8Dd Acceptance of Utility EaB.-ent."
7. Minutes of regular meetina of Deceaber 19, 1977. (CC-393)
8. Minutea of adjourned regular _etiDa of Deceaber 20, 1971. (CC-394)
Vote
K&lIbers of th.. City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
JacKson, Meyers, O'Keefe, Frolich
None
NeUis
None
ORAL COMMUNICATIONS
9. The Kayor explained that he hsd invited Mrs. Geraldine Steinberg,
past Chairwoman of the Board of Supervisors, to address the Council On
the latest developments relating to a proposed c~ttee to study the
traffic and noise impacts involving the Kaiser cement operationp.
Mrs. Steinberg presented a resolution to the City Council which had
been adopted by the Board of f.upervisors that date which was in response
to the concerns of the City Council as outlined in Kayor Frolich'c lettel
of December 23, 1977. In addition to those responses containe1 in tho
resolution, Mrs. Steinberg also stated that the Board would give ~very
consideration to the recOllllllendations if made on possible land exchange
for an alternate access if the details of such could be worked out.
There also was discussed the composition of the committee. Following this
it was moved by Counc. Meyers, seconded by Counc. Jackson and passed
with Counc. O'Keefe dissenting that the City of Cupertino become an active
participant on this proposed committee.
It was moved by Counc. Meyers, seconded by Counc. JacKson and paesed
unanimously that Counc. Nellis be designated the City Council representative
on this committee.
PUBLIC HEARINGS
10. Application 19-Z-77 of Terranomics Development Corporation: Rezoning
approximately 4.73 acres frolll CG (General Commercial) Zone to P (Planned
Development with commercial intent) Zone. Said property is located
at the southwest corner of the intersection of Stevens Creek Blvd.
and Portal Ave. Recommended for approval.
(a) First reading of Ordinance No. 835: "An Ordinance of the City
of Cupertino Amending Section 1 of Ordinance No. 2 by Rezoning
Approximately 4.73 Acres from CG Zone to P Zone; Located at the
Southwest Corner of the Intersection of Stevens Creek Boulevard
and Portal Avenue."
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MINUTES OF THE JAHUARY 3, 1978, CITY COUNCIL HEETlItG
.
PLANNING APPLlCATtONS
14. Application 28-U-77 of Terranoaica Development Corporation: Use Perm
to allow construction of thr.. ~rc1al build1Dg. contAining appro
iIIIstely 46.500 sq. ft. Said property 1a located at the southwest
corner of the intersection of St."ena Creek Blvd. and Portal Ave.
Reco-.ended for approval.
It was moved by Counc. O'Keefe, seconded by Coune. Jackson and passed unan
illlOusly to cOGbine lteas 10 and 14.
It "as moved by Counc. Jackson, seconded by Counc. O'Keefe and passed una
imoualy to close the public hearing.
It was moved by Counc. Nellis, se.::onded by Counc. O'Keefe and passed unan-
imously to reacind the denial previously given to Applications 19-Z-77 and
2&-U-77 on the basis that these applications should be continued until
completion of a current staff study on the feasibility of residential zoni
for vacant parcels within the City and that the applicant may on the con-
clusion of this staff study bring these applica:ions before the City
Council at that time.
PUBLIC HEARINGS (continued)
11. Resolution No. 4633: "A Resolution of the City Council of the City
of Cupertino Ordering the Abatement of Public Muis8nces Pursuant to
Pro\õisions of Ordinance No. 724 and Resolution No. 4619,"
.
Presentation - Anthony Radisich, owner of Parcel 326-01-003; Alan Carder
Fi re M~rsh31
It was moved by C?unc. Jackson, seconded by Counc. O'Keefe and passed unan
imously to close the public hearing.
It was moved by Counc. Meyers, seconded by Counc. Jackson and pa"sed unan-
imously to adopt Resolution No. 4633.
12. Application 21-Z-77 of Almaden Valley Ena1neers (Peter Gwozdz):
Rezoning approximately 20 acres from Al-43 (Agricultural-Residential,
single-faødly, I-acre lots) Zone to 3.45 a~re Rl-40 (Residential,
single-family, 40,uOO sq. ft. per dwelling unit) Zone,2.1 acre Rl-60
(Residential, single-family, 60,000 sq. ft. per dwellil!g un1t)..me,
4.1 acre Rl-150 (Residential, aingle-family, 150,000 sq. ft. per
dwelling unit) Zon~ and a 10.1 acre Rl-400 (Residential, single-
family, 400,000 sq t~. per dwelling unit) Zone. Said property is
located in the lower ~egnart Canyon southerly of the existing Candy
Rock subdivision. Recommended for denial.
(a) First reading of Ordinance No. 856: "An Ordinance of the City
of Cupertino Amending Section 1 of Ordinance No. 2 by Rezoning
Approximately 20 Acres frolll AI-43 Zone to RI-40 Zone, Rl-60
Zone, Rl-150 Zone and Rl-400 Zone; Located in the Lower Regnart
Canyon Southerly of the Existing Candy Rock Subdivisio:!."
.
CC-395
P8.8 3
Items combine,
Public hearin
closed
Denial res-
cinded, Appls.
continued
Public hearing
closed
Res. No. 4633
adopted
CC':395
Page 4
.
Itelll9 co....
bined
Publ1 c hear-
ing closed
21-Z-77 re-
turned to
Planning CoIDID.
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MINUTES OF THE JAHlJAIlY 3, 1978, CITY COUNCIL MDTDIC
PLANNING APPLICATIONS (continued)
15. Application Z5-TM-77 of ~den Valley Bcgineera {Peter Cwoede)1
Tentative Hap to subdivide approximately 20 aer.. into five ain¡le-
family residential lots. Said property is located in the lover
Regnart Canyon southerly of the e:isting candy Rock subdivision.
Reco_ded for denial.
It wu moved by Counc. KeyClrs, seconded by Counc. O'leefe and paased
unan1lll0usly to combine items 12 and IS.
CITY CLERK'S IfOTE: Counc. Nellia abstained and left the CoUD.cil ChSlllber.
Presentations - Peter Gwozdz, applicant; John D, 'II'illiams, enaineer; Alan
Heintzinger, enaineer; Jo Ann Gholson, Regnart £Cad; Dorothy Wright,
Regnart Road.
It was moved by Counc. O'Keefe, seconded by Counc. Meyers and passed
unanimously with Counç. Nellis abstaining to close the public hearing.
It was moved by Counc. Meyers, seconded by Counc. O'Keefe and passed
with Counc. Frolich dissenting and Counc. Nellis abstaining that Applica-
~;o~h~;:Z~~~t~~'~:~~~~~~.!.~.~::::' ~~~k1D'::~h~~~s::~on
matters rai~ed at the Council meeting.
CITY CLERK'S NOTE: Counc. Nellis returned to the lIIeeUng.
PUBLIC HEARINGS (cr~tinued)
13. Application 18-Z-77 of Brenda Williams: Rezoning one acre from
R3 (Residential, multiple) Zone and Rl-10 (Residential, single-family,
10,000 sq. ft. per dwelling unit) Zone to P (Planned Developme. with
residential cluster intent) Zone. Said property is located adjacent
to and easterly of Blaney Ave. approximately 17S ft. southerly of
the intersection of Stevens Creek Blvd. and B1anpy Ave. Recoœmended
for approval.
(a) First reading .of Ordinance No. 857: "An Or';inance of the City
of CLpertino Amending Section 1 of Ordinance No. 2 by Rezoning
Approximately One Acre from R3 Zone and Rl-IO Zone to P Zone;
Located Adjacent to and Easterly of Blanej Avenue Approximately
175 ft. Southerly of the Intersection of Stevens Creek Boulevard
and Blaney Avenue."
FLANNING APPLlCAT10N,: (continued)
16. Applications 21-TM-77 and 24-J-77 of Brenda Williams: Tentative Map
to subdivide one acre into 12 single-family cluster lots and one
lot to be held in common ownership; Use Permit to allow construction
of 12 single-family cluster homes. Said property 1s located aðjacent
to and easterly of Blaney Ave. approximately 175 ft. southerly o'
the intersection of Stevens Creek Blvd. and Blaney Ave. Recommended
f.>r approval.
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HINt.'TE~ II' THE JAIIUAKY 3, 1978. cur COONCIL KEETING
It was IDOved by Counc. Jackson, seconded by Counc. Meyers and passed unan-
imoualy to colllblne its. 13 and 16.
CC-395
Pap S
1t_ com-
bined
It w:¡s mved by Covnc. Nellis, seconded by Counc. JacUon ad pused unan- Public hear-
imously to ClOS9 the ~l1c hearing. ing closed
tt was !!lOved by Counc. Jackson, seconded by Counc. Meyers and pas..d unan-
imously to approve Application 18-Z-77 pursuant to PlanniD& Co--tssion Res
olutioa 1756 with Condition No. 16 bei>tg illl8llded to provUe tbat trip ...nd
transfers ßre not part of the application.
It was moved by r..ounc. Meyers, seconded by Counc. Jackson and passed unan-
imously that Ot'dinance N~. 857 be given its first readina.
It was mov~d by Coun". Jackson, seconded by Counc. Meyera and passed unan-
imously to approve Application 21-TM-77 pursuant to Planning Commission
Resolution 1780.
It waa moved by Counc. Meyers, seconded by Counc. Jackson and passed unan-
imously to approve Application 24-U-77 purauant to Plannina Commission Res
olution 1781 with Condition No. 16 being amended to provide that trip end
transf~rs ale not part of the application.
ITDfS REHOVED FROM CONSENT CALENDAR
17. None
~7INISHED BUSINESS
18. Review and discussion of proposed &eaional Quality Control Boacd dis-
crete sewage disposal policy. (continued from meeting of December 5,
i'77)
ORDINANCES
34. First reading of Ordinance No. 821: "An Ordinance of the City of
Cupertino Repealing Chapter 15.20 of the Munici¡>a~, Code and Re-enacti.
Said Cllapter' PertalntDg to -S_ge Ðispoeal Synems."
RESOLUTIONS
35. No. 4568: "A Resolution of the City Council of the City of Cupertino
Adopting Standards for the Installation of Private Dewage Disposal
Systems." :>
It was moved by Counc. Jackson, seconded by Counc. Meyers and passed unan-
imously to continue these three items until the next regularly scheduled
meeting.
UHFINISP.ED BUSINESS (continued)
19. Determination of date for adjourned meeting to discuss proposed En-
vironmental Management Plan for the Bay Area and the Santa Clara Val-
ley Corridor Evaluation.
It was the consensus of the Council that this meetina date be continued an
decided at the next regularly scheduled meeting. "
18-Z-77
approved as
amended
Ord. No. 857
given first
reading
2l-T!fr-77
approved
24-U-77
approved as
amended
Items contin-
ued to next
regular mtg.
Continued to
next regular
_ting
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cc- 39 5
Page 6
Jan. 17 set
f..review of
~connect
proposal and
Cap. Imp.
Jan. 30 set
for discussion
of County/City
matters
Jan. 9 set
for study of
senior center
Caopposes
co lidation
of sallitatlon
districts; no
position on
cO'lsolidation
of water dist.
Con ti nued to
Jan. 9 mtg.
Second readln~
of Ord. No.
851
or'No. 851
enacted
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MINUTES OF TIlE JAllUAltY J. 1978, CITY COUNCIL KEBTDIr
It was decided that a.. adjourned _tilla on January 17. 1978 would be
held to revi.., the leteat uport relatilla to the Traffic Signal Inter-
connect proposal follovad by a study session of the proposed Five Year
Capital 1IIIprov_ta Proar...
It was ieterlll1neJ that aft adjouroed _eting would be held Janua=y 30,
1978 at which an appearance would be JUde by Mrs. Geraldine Steinberg,
County Supervisor, for discussion of utters of IllUtuel interest between
the County and the City of Cupertino.
NEW BUSINESS
20. Architectural proposals for the new senior center.
Presentation - Rex Horton, architect
It was lIIoved by Counc. Nellis, seconded by Counc. Meyers and passed
unanimously to hold ".. adjourned meeting at 7:30 p. D., January 9, 1978
in the conference room for the purpose of studying the proposed siting
and design of a senior citizens' center.
21. Proposal for consolidation of sanitation and sanitary district.
Presentations - Norma Kencacci, Vince Garrod, Burrel Leonard, Ann Anger,
Al Chapp~ll, Will Lester, Otis Forge, Barbara Rogers, Maurice La Brie,
Roy Rushton.
It was moved by Counc. Bellis, seconded by Cou.,c. Frolich and passed
with Counc. Jack.oD dissenting that the City Council go on record as
opposing the proposed consolidation of sanitation and sanitary districts
and to take no po.ition on the proposed consolidation of vater districts.
22. Request for abatement of landscaping moratorium.
It was moved by Counc. Jackson, seconded by Counc. Meyers and passed
unanimously to continue until the adjourned meeting of January 9, 1978.
WRITTEN COMMUNICATIONS
23. None
ORDINANC¡:S
24. Second reading of IJrdinance No. 851: "An Ordinance of the City of
Cupertino Amending Section I of Ordinance No. 2 by Prezoning Ap-
proxilllStely 1.3 Acrea fr~m Santa Clara County A Zone ~o City of
Cupertino BQ Zone; Located Southerly of and Adjacent to Madera
Road at the Terminus of Mercedes Road."
It was moved by Counc. Mey..rs, seconded by Counc. Nè!llis and passed unan-
imously to read Ordinance No. 851 by title only and the Kayor's reading
to constitute the second reading.
It was moved by Counc. Nellis, se~onded by Counc. Meyers and passed
unanimously to enact Ordinance No. 851.
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MINUTES OF TIlE JA\IUUY 3, 1978, cITY COU1IClL HEETIJjG
.
25. Second reading of C~dinance No. 852: "An Ord1nanre of the City of
Cupertiao AaeDding tbapter 16.28.040 of the City of CUpertino Muni-
cipal Cod. Relating to the Location of Pence. in the 81c1a Yard of
Corner LoU."
It was lWVed by CoUDC. Meyers, .econded by Counc. NeUia and p...ed unan-
imously with Counc. Jackson abaent to read Ordinance No. 8.52 by title only
and the Kayor'a reading to ·coDlltituta the Hcond reading.
It was _ved by CoUDC. Meyers, seconded by Counc. Nelli. ancl passed unsn-
illlOusly with CoUDC. Jackson absent to enact Ordinance No. 85~.
26. S~cond reading of Ordinance No. 845: "An Ordinance of the City of
Cupertino Amending Section 2.32.010 of the CupertiDO Municipal Code
by Establis~ing Qualifications for Appoi~tment to the City PlAnning
Co...1ssion. "
It was IIIOved by Counc. Nellis, seconded by Counc. Meyers and passed unan-
imously with Counc. Jackson absent to read Ordinance No. 845 by title
onl! and the Mayor's reading the constitute tbe sec~nd reading.
It was ~oved by Counc. Nellis, seconded by Counc. Meyers and passed unan-
imously with Counc. Jackson absent to enact Ordicance No. 845.
27. Second reading of Ordin811ce No. 841>: "An Ordinance of the City of
Cupertino Amending Section 2.36.010 of the Cupertino Municipal Code
by F.stablishi~g Qualifications for Appointment to the City Park and
Recreation CoDlDission."
It was IIIOved by Counc. Meyers, seconded by Counc. Nellis and passed unan-
1I.,.>u.oly with Counc. Jackson absent to read Ordinanc~ No. 846 by title only
and the Mayor's reading to constitute the second reading.
it was moved by Counc. Mey~rs, seconded by Counc. Nellis and passed unan-
Imously with Counc. Jackson absent to enact Ordinance No. 846.
28. Second reading of Ordinance Uo. 847: "An Ordinance of the City of
Cupertino l~nding Section 2.44.040 of the Cupertino Municipal Code
by Establishina Qualifications for Appointment to the City Architec-
tural and Site App~oval Committee and Adding Section 2.6~.041 Pro-
viding for Term of Appointment Thereto."
It was moved by Counc. Meyers, seconded by Counc. Nellis and passed unan-
imously with Counc. Jackson absent to read Ordinance No. 847 by title only
and the Mayor's reading to constitute the second reading.
It was moveè by Counc. Meyers, seconded oy Counc. Nellis and passed unan-
imously to enact Ordinance No. 847.
29. Second reading of Ordinance No. 848: "An Ordinance of tb,e City of
Cupertino Amending Section 2.60.010 of the Cupertino ~Lcipal Code
by Establishing Qualifications for Appointment to the City Public
Safety Cotm:lission."
CC-395
Pas. 7
Second readina
of Ord. No.
852
Ore!. No. 852
enacted
Second reading
of a.-d. No.
845
Ord. No. 845
enacted
Second reading
of Ord. No.
846
Ord. No. 846
enacted
Second i..'\.~aù:!ng
of Ord. No.
847
Ord. No. 847
enacted
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CC-395 .
Page 8
Second 'read-
iaof Ord.
N~48
Ord. No. 848
enacted
Second read-
iag of Ord. N
849
Ord. No. 849
enaC:tpd
Second read-
ing of Ord.
No. 850
Or.No. 850
enacted
Second read-
ing of Ord. No
855
Ord. No. 855
enacted
Ord. No. 843
continued to
next r.egular
meetir.g.
.
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MINUTES OF THE JAJlUAKY 3, 1978, crn COUIICIL KlŒTmc
I t vas ~ved by Couac. He) lis, s.cOlldecl by Counc. Meyers and passed
unanbously with Couac. Jacksoø ab-.t to read Oroltn.n...e 110. 848 by
title oø1y and the Mayor's readina to coøsUtute the sec:ood reading.
It was ...,ved by Couø.:. Nellis, secoøded by Couøc. Heyers and pasaed
uranilllOualy with Couøc. Jackson abSSl\t to ~act Ordinance No). 848.
30. Secoød reading of Ordiøance No. 8491 "An Ordinance of the City
of Cupertino Amending Section 2.68.010 of the Cupertino Huøicipal
Code by EstabLishing Qualificatioaa for Appointment to the Library
eo-f.ssion. "
It Wag moved by Counc. Meyers, seconded by Counc. Nellis and passed
unanimously to read OrdinRnce No. 849 by title only snd the Mayor's
reading to cons~itute the seccnd readina.
It was moved by Counc. Meyers, secOilded by Counc. Nellis and passed
unan1lllously to enact Ordinance No. 849.
31. Second reading of Ordinance No. 850: "An Ordinance of the City of
Cupertino Amending Section 15.16.010 of the Cupertino Municipal CodE
by Establiahing Qualificatioas for Appointment to the Citj Water
Commission. "
It was moved by Counc. Jackson, seconded by Counc. Meyers and pasaed
unan1lllously to read Ordir.ance No. 850 by title only and the Mayor' a
reading to constitute the second reading.
It was IIIOved by Counc. Jacks?D, seconded by ¡;ounc. Meyers e.nd passed
unanilllOusly to enact Ordinance No. 850.
32. Second reading of Ordinance No. 855: "An Ordinance of the City of
Cupertino Repealing Ordinance No. 822, and Amendina Section 2.08.080
of the Cupertino Municipal Code Changing tl¡e Deadline for Submitting
Items to be 'hè:tuaed on the Agenda for City Council Meetings."
It was IIIOved by Counc. Meyers, seconded by COCIC. Jackson and passed
unanilllOualy to read Ordi.>ance No. 855 by title only and the Kev~r's
reading to constitute the second reading.
It was IIIOved by Counc. Meyers, seconded by Counc. O'Ke2fe and passed
unanimously to enact Ordinance No. 855.
33. Second reading of Ordinance No. 843: "An Ordinance of the CiLy of
Cupertino Regul&ting Stopping, Standing or Parking on Public Streeta,
and Providing for Signs Notifying the Public Thereof, and Further
Pruviding for Penalties for Violation Thereof."
At the request of the City Attorney it was continueti to the neÀt regularly
scheduled me~ting, on motion ~f Counc. Nellis, second rf Counc. Jackson and
passed unanimously.
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MINUTES 01' THE JA\IO.U.Y 3, 1978, CITY COURCIL ME2TIBC
The Mayor adJounH the .eciDS at 1:43 e. III. to 7:30 p. .., JI>'.uary 9,
1978, iD the Coal.rence aøo. of the City Ball.
C
CC-395
Pas_ 9