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CC 01-03-78 "-':""~~,""""",,",,..,#.,,;.-.:~.-,-.~ ., </,,;' . . . ., 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." "".--' '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 . ~~7~~~!'-'~"m~''''f<:,",r~:'>~~~~"i'~~~''''~r~~~~~'''~¡~~~4,~J~~~~"I\I...If.r;o,r,~. 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." . . ....,. ".,><..:".'>.:..,.: c~·.:.;.>",,¡. :,. --- ~. '", ~T ~; :~ .'; '.' .__,\: , '\:;,~,:, 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. . . ,--" '--W:;"'~ ,'''''~' t""-.~.<<t,." ~' ;,,',", ¥". '<'~""j:"';', 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. _....'..- , ,-"..,-,.,-,:...,.,,_..~- ._'':'''..~,.,--". .~;.,'-~..~._."- ~."-.~,,,,,.~ ;.-i;' <L-." ,._. ~:,. ..... . . . ..~'~, ~'7!!'rN . "'::'1,' .'.' ".,~~.'"'~'O:'.'~'~~...p,:""I ~1'1;"~,~",,,,"."'1't~, ( 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 , --' 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 - .; '~" ¡'<C;' 7'5'5; "'0,,"''<.'. .<.~: "'t'~:"'W,,:':"',n. 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. '~'" ;..;,..,;.. ,. " . . . ,._~ "~""''''''''''~~,....~~>~,,"..~..,.,,-,:>\.~.:. ", -, :o.-'~ '., ,',"-:,', ,-", .~ -, . , . ;-:'~'. 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 ....:~ :': ·¿~<--:a;.:~~i ..c;,..:~.::~"". ':~:.~,;.; o.,¿t¿-"';:bo< .. " r 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. . .'".,., . ~. ..._<,~Y~'9l'i·~c·"'·~''¡;; ""',h~ ' 'J"'....'", > ",:: '-:', '~lt.· : ~,<, .' ",',,', ) 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. · · · . :<, ','" <' " ". ._"..,.~ , 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