CC 06-19-78
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CITY OF CUPERTINO, STATE OF CALIFORNIA
10300 Torre Aven'Je, Cupertino, California 95014
Telephone: 252-4505
MINUTES or TBB UGULAJl MEITIHG or TBB CITY COUNCIL
HELD ON JURI 19, 1978, IN'lBB COUlIClL ClWlBER, CITY HALL
CUPERTDlO, CALlPOItNlA
SALUTE TO THE FLAG
The Mayor called the meeting to order at 7:30 p.lII. in the Council Chamber
of City Hall.
ROLL CALL
Counc. Present: Meyers, O'Keefe.(8:22 p.m.), 2ogers·(7:50 p.III.), Sparks,
Mayor Jackson
Staff Present: City Manag£r Quinlan
Director of Administrative Services Ryder
Director of Planning and Development Sisk
Director of Public Works Viskovich
Director of Parks and Recreation Butler
City Attorney Adams
CONSENT CALENDAR
.
Agenda item 13 was removed from the Consent Calendar. It was moved by
Counc. Sparks, seconded by Counc. Meyers and passed unanimously with Counc.
O'Keefe and Counc. Rogers absent.
Vote IlelDÒers of the City Council
AYES: Meyers, Sparks, Jackson
¡mESo None
ABSEN'l' : O'Keefe, Rogers
I.BS1'AIN: None
1. Resolution No. 4723: "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 Hereinafter Described for Gp.neral and Miscellane-
ous Expenditures for the Seven Day Period Ending Hay 31, 1978."
2. Resolution No. 4724: "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 Hereinafter Described for Salaries and Wages for
tne Payroll Period Ending June 6, 1978."
.
~,
Resolution No. 4725: "A Resolution of the City Council of tI,,, City of
Cupertino Allowing Certain Claims and Demands Pay~ble in the Amounts
and From the Funds as Hereinafter Described foe General and Hiscellane-
ous Expenditures for the Twelve Day Period Ending June 12, 1978."
·Counc. Rogers and Couuc. O'Keefe were late due to their attendance at a
Sister City function.
CC-421
Paae 1
Item removed;
Consent Cal-
endar ap-
proved
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CC-421
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8.
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9.
10.
11.
12.
13.
14.
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MINUTES OF TIlE JUNE 19, 1978, CITY COUNCIL MEETING
4. Resolution!iQ. 4726: itA Re801ut1on of the City Council of tbe City
of Cupertino Authoriainl Ezecution of "vbed IIDprovaent Agr...nt,
Tract No. 6OS9. Ph.ue I and Ph.ue II, Cupertino Gardens Patio 110_,
De Anza and 1Iø..teacl."
5. Re..oluticn 110. 4727: "A Resolution of tbe City Council of the City
of Cupertino Approvina the Final Map and ImproveMnt Plans of Tract
No. 6332 Located on the East Side of Blaney Avenue South of Stevens
Creek Blvd.; Developer, Willi81118 Pro;>erties, lnc.; AccepUna Certain
Easements; Authorizing Signing ,')f Final Kap aM Improvement Plans;
Authorizina the Ezecution of Agre_nt in Connection Therewith."
6. Resolution No. 4304.29: "A Resolution of the City Council of the
City of Cupertino Approving Contract Change Order No. 6 for North
De Anze Boulevard Assessment District Project 76-14."
7. Resolution No. 4731: "A Resolution of the City Council of the
City of Cupertino Acceptit , Partial Reconveyance of Calabazas Creek
from the State of Kuwait, Acting by and Through its Minister of
Finance. II
Acceptance of City project performed under contract:
Merriman Road Main Extension
Project 78-5
Contractor: West Valley Construction Co., Inc.
Minutes of adjourned regular meeting of May 30, 1978. (CC-416-A)
Minutes of regular meeting of June 5, 1978. (CC-417)
~linu tes of adjourned regular meeting of June 6, 1978. (CC-4l8)
Minutes of adjourned regular meeting of June 12, 1978. (CC-419)
Removed frolll Consent Calendar
Application HC-51,454.1 - San Jose Building Designs, Inc. (Brenda
Williams) requesting approval of site, arcbitecture, landscaping,
grading and lighting for a 12-unit residential development on the
east side of Blaney Avenue, south of Stevens Creek Boulevard. Recom-
mended for approval.
15. Application HC-51,458.1 - Coast Federal Savings & Loan Association
reques~ing approval of site, architecture, landscaping, lignting and
grading for a financial building located at the nor~h side of Stevens
Creek Boulevard west of De Aoza Boulevard. Recommen~ed for approval.
.
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MINUTES OF THE JUNE 19, 1978, CI'lt COUHClL MUTIIIG
III. Application HC-51,402.4 - TerrllDOII1c:a DneJ.opeut Corporation requ..U
approval of architecture for &all abope buildua witb 108111nl clock
within a c_rcial aboppina center at the _the..t quadrat of
Portal Avenue and StavelUl Creek BouJ..vañ. JIac_Dded for epproval.
17. Application HC-51,421.3 - P3cif1c Valley Bank reque8tina approval of
Bite, architecture, arad¡"8 and ligbtiDa for a tvo-story office
building on the north side of Stevena Creek Boulevard ...t of Ce Anza
Boulevard. Rec01lllllend«d for approval.
18. Application BC-51,312.4 - Deunia and Jean Widman requestina approval
of arading for a single-f8ll11y home in Tract 6028, Regnart Canyon.
ReC01lllllended for approval.
19. Resolution NO. 4733: "A Resolution of the City Council of the City of
Cupertino Making Its Order Describina the Boundaries Designated as
'HcClellan 78-7' to be Annexed to the City and Ordering Annexations
to the City Without Public Hearing 118 Provided by Law; Approximately
0.67 Acres Located on the West Side of McClellan Road I!etween Mira
Vista Avenue and San Leandro Avenue."
.
20. Resolution No. 4734: "A Re~lution of the City Council of the City of
Cupertino Makina Its Order Describing the Boundaries Designated as
'Riviera 78-10' to be Annexed to the City and Ordering Annexations to
the City Without Public Hearing as Provided by Law; Approximately a.30
Acre Located on the North Side of Pal. Avenue between Riviera Road and
Scenic Boulevar.d."
21. Resolution No. 4735: "A Resolution of the City Council of the City of
Cupertino Makina Its Order Describina the Boundaries Designated as
'McClellan 78-5' to be Annexed to the City and Ordering Annexations to
the City Without Public Hearing as Provided by Law; Approximately 0.479
Acre Located on the North Side of McClellan Road between Byrne Avenue
and Orange Avenue."
ORAL COMMUNICATIONS
22. Presentation of flag by Mary Lou Lyon and Judy Meye.s of Bomestead
High School.
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Cc-421
Page 3
Judy Meyers of Homestead High School presented the flag lIISde by her under Flag pre-
the direction of Mary Lou Lyon, California Experience Teacher for Homestead sented
Hig., School, and gave a history of the era represented by the flag.
23. Request to address the City Council by Harilyn Christian, Director,
Cupertino Community Services, Inc.
It was the consensus of the Council that this be postponed until the two
absent members of the Council were presect.
.
24. Request to address the Council by Mrs. Jo Ann Gholson relative to Reg-
~art Road Assessment District.
It was the consensus of the Council that this issue be addressed later in
the meeting during the discussion on the proposed annexation of Regnart
77-10.
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Postponed
Postponed
CC-421
Page 4
.
Public hear-
ing scheduled
Public hear-
ing closed
R.NO. 4729
adopted
Publi c hear-
ing closed
Postponed
.
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MINUTES OF THE JUNE 19, 1978, CITY COII!ICIL IŒBTIIIC
25. Request of Jolene G. GiUette to IIddre.. Council relative to natua
of Lazaneo Drive cloaure.
Mrs. Gillett.e ioquired aa to the status of the LalaDen Drive closure.
After explanation, it vas llØYed by Counc. Sparks, seconded by CoUtu:. Kayars
and pæsed unanimously with Counc. O'Þefa and Counc. Roaers absent
that a public hear1na be scheduled ~or the first Merina in Auaust to
receive input frail the public on this matter.
PUBLIC IIEA1lINGS
26. Request for grantiug a one year extension for completion and adoption
cf Mandatory General Plan Elements. (continued frolll meeting of June
5, 1978)
(a) Resolu~ion No. 4729: "A Resolution of the City Council of the
City of Cupertino Requestina Approval frolll the State of California
Office of Planning and Research for a One Year Extension of
Tille to Co&plete the Noise, Seismic Safety, Public Safety and
Scenic Highways Elements."
It was moved by CoU!lC. Sparks, seconded by Counc. Meyers and passed UC'Ul-
imously with Counc. O'Keefe and Counc. Rogers absent to close the public
hearir.g.
It was moved by Counc. Meyers. seconded by Counc. Sparks and passed unan-
~mously with Counc. O'Keefe and Counc. Rogers absent to adopt Resolution
No. 4729.
27. Use of Revenue Sharing funds in context with summary of total budget
as proposed.
There being no comments fl'Clll the public, it was moved by Counc. Meyers.
seconded by Counc. Sparks and passed unan~usly with Counc. O'Keefe
absent to close the public hearing, this being the only action required.
28. Annexation - "Règnart 77-10."
(a) Resolution No. 4728: "A Resolution of the City Council of the
City of Cupertino Making its Order Describing the Boundaries
Designated as 'Regnart 77-10' to be annexed to the City aod
Ordering Annexation to the City Approximately Fifty Acres, More
or Le8s~"
It was the consensus of the Council that this matter be postponed until
later in the meeting when the full Council would be present.
29. To consiùer an ordinance regulating hillside residential develop-
ment including building setbacks and height. fence locations,
permitted uses and vegetation removal.
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MINUTES OF THE .JUlIE 19. 1975, CITY COUNCtL MlŒTIIIG
29. (a> Fint roeading of Ordill8llce 110. 881: "AD Ordinance of the City
of Cupertino ~dina OrdiDanca No. 002 b7 Batabliahing Reau1a-
t10ns for Ie1ldanCW Bi1111d. Deve.1.os-eøt."
During discussion of this proposed Clrd1nance. sWf vas directed to review
those sections questioned by aeabers of the Council. Those included the
f oIJ.owing:
Section 4.07 for the possibility of increasina from 10 to 12 the
maximum number of children peraitted.
Section 5 to relax the restriction on the number of dogs and catd;
to make more restrictive the number of donkeys permitted; and to
relax the restriction on the number of SIIIall animals permitted.
Section 5(e) is to have added "or resident" after "property owner"
in the last sentence.
Section 9,2 is to provide considera~ion for the slope of land when
relating to maximum height of buildings.
Section 13.1 is to provide for appeal by any. interested person.
It was moved by Counc. O'Keefe, seconded by Counc. Sparks and passed unan-
imously that Section 13.2 require that notification be given all properties
affected which are situated within 300 feet and not only to those being
contiguous of the subject site.
It was moved by Counc. Meyers, seconded by Counc. Sparks and passed unan-
imously that Ordinance No. 881 be referred to staff for the redrafting of
langnage so <is to address the expressed concerns of the Council and that
the public hearing be continued to the lIIeeting ~f July 17, 1978.
Following this motion.discussions were introduced by Jo Ann Gholson, Reg-
nart Road and Nancy Hertert, San Juan Road.
30. To amend Sections 18.16.260 through 18.16.310 of the Municipal Code
relating to the regulation of Hillside Subdivisions.
(a) First reading of Ordinance No. 882: "An Ordinance of th" City of
Cupertino AmenJing Sections 18.16.260, 18.16.270, 18.16.290,
18.16.300 and 18.16.310, Chapter 18.16 of the Cupertino Municipal
Code, General Regulations, Hillside Subdivisions."
It was moved by Counc. Meyers, seconded by Counc. Sparks and passed unan-
imously to close the public hearing.
It was moved by Counc. Meyers, seconded by Counc. Sparks and passed unan-
imously to approve the negative declaration as recommended by the Environ-
mental Review Committee.
It was m01ed by Counc. Meyers, seconded by Counc. Rogers and passed unan-
imously that Ordinance No. 882 be read by title only and the Mayor's read in
to constitute the first reading.
CC-421
PaS- 5
Sectionø
quastioned
and reviewed
Ord. No. 881
referred to
staff for
redrafting
Public hear-
ing clos"d
Negative
declaration
approved
First reading
of Ord. No.
882
CC-421
Page 6
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"
Request not
honored
Let ters sub-
mit ted pro-
testing an-
nexation
.
Letter sub-
mit ted sup-
porting an-
nexa t ion
Public hear'·
i..closed
F.ings
submi tted re
protests;
30 day waitin
period
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MINUTES OF THE JUNE 19, 1978, CITY COUNCIL 1ŒET1NC
At this time, MaYor Jacltaon req....ted that agenda it... 23 ba taken up.
P~e.entation. - Joe Tellbrock, Scofield Drive. Cathnin. Gaa1cb, Hillcre.t
Road; Marilyn Christian, ~r.ctor,
It was moved by Counc. Heyers, seconded by Counc, O'Keefe and p...ed with
Counc. SparÍUI abstain1na and Counc. Roaera dissentina that the request for
$15,000 funding not be honored.
28. Annexation "Regnart 77-10",
(a) Resolution No. 4728: "A Resolution of the City Council of tbe
City of Cupertino Kaking its Order Deacribing the Boundaries
Designated as 'Regnart 77-10' to be .\nnex~~ to the City and Or-
dering Annexation to the City Approximately Fifty Acres, More
or I.ess."
Mrs. Jo Ann Gholson addressed the Council and submitted a letter dated
June 19, 1978 signed by Mr. John Ellis, 22135 Regnart Road, which the
City Attorney ruled was to be considered as a protest to the proposed
annexation. Mrs. Gholson then referred the Council to a previously sub-
mitted written protest signed by David E. DuFault and Val R. Du Fault,
470 Wagon Wheel Drive, Lebanon, Oregon, who own a parcel of land in the
subject area, followed by letters of protest by Genevieve Ziegler, Dorothy
B. Wright and JoAnn Gholson.
The City Clerk noted that the letter from Genevieve Ziegler ~ad not been
signed, and as she was in the audience she did sign it. The letter sub-
mitted on behalf of Jack and Dorothy Wright was signed only by Dorothy
B. Wright and was ruled by the City Attorney to be a valid protest with
but the one signature.
There then followed a presentation by Kathy Nellis, Regnart Road.
Counc. S~arks moved that the public hearing be continued to June 20, 1978,
wh!r.h motion was withdrawn.
Mr. Robert Nellis, Regnart Road, submitted a letter signed by Mr. John
Ellis, 22135 Regnart Road, dated JUlie 19, 1978, stating support for the
annexation of his property and that this letter superseded the earlier letter
of the same date. This was ruled by the City Attorney as being a withdrawal
of the previous protest.
It was moved by Counc. Sparks that the public hearing be continued to June
20, 1978, which motion was withdrawn.
Presentations - Mr. Jacobs, Regnart Road; J. Merkelo; Dorothy Wright.
It was moved by Counc~ O'Keefe, seconded by CounCa Sparks and passed unan-
imo\'~ly that the p"blic hearing be clo8ed.
At the request of the City Attorney, the Director of Public Works submitted
his findings that written pretests had been received from o~~eLS of land
amounting to 47% ot the proposed annexation. The City Attorney advised
the Council that there .as now a requirement that there be a thirty day
waiting period prior tJ the adoption of the resolution.
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MINUTES OF THZ JUNE 19, 1978, CITY COUNCIL IŒETING
It was !lOved by Counc. O'Keefe, seconded by Counc. Sparka aJId pu.eeI unan-
illlously tbet the City Council follow the City Attorney's opiDioD on pro-
cedures end that the Council proceed as req~~red by law.
31. To d~termine whether public nece.sity, heelth, eafety, or welfare
required formation of an Underaround Utility District on the East
Side of Foothill Blvd. from a point 12S ft. south of Sal.. Ave. to a
point 80 ft. north of Salem Ave.
(a) Resolution No. 4720.1: "A Resolution of the City Council of the
City of Cupertino Creating a Specific Underaround Utility Distric
and Establishing Underaround Utility District No.9."
It wa~ moved by Counc. Meyers, seconded by Counc. O'Keefe and passed unan-
imously to close the public bearing.
It was moved by Counc. Meyers, seconded by Counc. O'Keefe 8I1d passed unan-
imously to adopt Resolution No. 4720.1.
The staff was requested to review the feasibility of including cable TV
facilities in this undergrounding.
PLANNI~G APPLICATIONS
32. Application S-U-78 of Oxbow Land & Development Co.: Use Permit to
construct a duple" on a .2 acre parc..l and ENVIROIIKENTAL REVIEW: N<>
action required. The project was previously assessed in c03junction
with a Planned Development zoning action. Said property is located
on the southwest side of Santa Clara Avenue approximately 125 ft.
~esterly of Alhambra Avenue in a P (Planned Development with residen-
tial duplex intent) zone. Recommended for approv~J.
It was moved by Counc. Meyers, seconded by Co.mc. Sparks and passed unan-
imously to approve Application S-U-78.
33. Application 9-U-78 of Dr. Joseph F. Brown: Use Permit to allow con-
structi<>n of an industrial building containing approximately 36,500
sq. ft. and ENVIRONMENTAL REVtEW: No action required. The project
was assessed pcevio~sly in conjuaction with an earlier application
submittal. Said property is located at the northerly terminus of
Bandley Drive. Recommended for denial.
CC-421
Paae 7
Council to
pro-:eed as
required by
law
Public hear-
ing closed
Res. No.
4720.1
adopted;
cable TV
to be re-
viewed
S-U-78
approved
It was moved by Counc. Sparks, seconded by Counc. Meyers and passed unan- Continued
imously that the public hearing be continued to the meeting of July 3, 1978
as requested by the applicant.
RECESS
34. Application I-V-73 of Barre Barnes: Variance from Section 66.1 of
Ordinance 120 (g) (Height OrdiDance) and See: tions 7.1 and 9.2 of
Ordinance No. 780 (Ordinance regulating single-family zones) to permit
a home to be constructed at a height of approximat"ly 35 ft. in lieu
of a maximum permissible height of 30 ft. and a front setback of 7 ft.
in lieu of 20 ft. as required under th" aoove-refetenced ordinances;
and ENVIRONMENTAL REVIEW: No action r.,quired. The project was cate-
gorically "xelllpt. Said property consists of approximately .30 acres
CC-421 ,
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MINUTES OF THE JUNE 19. 1978, CITY COUNCIL twITING
34. (coLtinued)
located on the north side of the privatel, _d portion of San Juan
Road ..."proximately .500 ft. westerly of Cordova load in an Rl-IO (ain&l_
family residential 10,000 sq. ft. lllinimua lot size) zoning district.
Recommended for denial.
(0) Resolution No. 4732: itA Resolution of the City Council of the
City of Cupertino Grantina a Variance to Barre Barnes From
Section 66.1 of Ordinance 220(a) (Height Ordinance) and Sections
7.1 and 9.2 of Ordinance No. 780 to Permit a Home to be Constructed
at a Height of Approximately 35 Ft. in Lieu of a Kaximum Per-
missible Heiaht of 30 Ft. and a Front Setback of 7 Ft. in Lieu
of 20 Ft. as Re:¡uired Under the Above-Referenced Ordinances;
Approximately .30 Acres Located on the North Side of the Privately
Owned Portion of San Juan Road Approximately 500 Ft. Westerly
of Cordova Road in an Rl-IO Zoning District."
I-V-78 denied tt was moved by Counc. Sparks, seconded by Counc. Meyers and passed unan-
imously that the application be denied.
1- ration
H~1:S area
l5-U'-77
approved
.
Minutes ap-
proved as
amended
Presentations - Louis Paviso, Robert Wnlfe, Mrs. Willey, Brother Robert, all
area residents.
It was moved by Counc. Heyers, seconded by Counc. Sparks and passed unan-
imously that the Inspiration Heights not be expanded into the area under
discussion which includes property immediately adjacent to the north of
Inspiration Heights.
35. Application 15-U-77 (Revised) of Sobrato-Berg Properties: Use Permit
Revision of a previously approved use permit to i~crease the floor
area of the existing Peppermill Restaurant by approximately 800
sq. ft. and seating capacity of approximately 40 seats. and reduce
the building site of an approved f.,ture bank facility by approximately
1,200 sq ft.; and ENVIRONMENTAL REVIEW: No action required. This
projcct is categorically exempt. Said property is located on the
northeast corner of North De Anza Boulevard and Kariani Avenue in a
P (Planned DeveloPlll!nt with commercial, industrial/office use intent)
zone. Recommended for approval.
It was moved by Counc. Sparks, seconded by Counc. Meyers and passed unan-
imously to approve Application l5-U-77 (Revised).
ARCHITECTURAL AND SITE APPROVAL COMMITTEE APPLICATIONS
36. None
ITEMS REMOVED FROM CONSENT CALENDAR
13. Minutes of adjourned regular meeting of June 13. 1978. (CC-420)
It was moved by Ccunc. Sparks, seconded by Counc. Meyers and passed unan-
imously to approve the minutes of June 13, 197~ as amended. The amen~ments
are as follows:
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MINUTES OF THE JUNE 19, 1978, CITY COUNCIL HBETmG
On page 1, change the reduction of &..propriat1011 fOr the Cupertino Scue
frOll $10,000 per year to 10 issuea per year.
Show on paae 2 the vote on the deletion of tile ìforth Ik ADaa Blvd. riaht
of way acquiaition waa approved with Coune. O'Keefe abseot and not dia-
sentina·
On page 4, show that the staff vas dirE!cted to work with the Architectural
and Site Approval Coaa1ttee for a reduction of ataff support tÚle.
Page 4, the reduction of appropriati~n for City Council =onference and
meetina expenses frolll $5,500 was to $4,400 and DOt $4,000.
The Mayor adjourned the ~eting at 11:21 p.lII. to June 20, 1978 for a con-
tinuation of th~ agenda beginnina at Item No. 38.
City Clerk
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CC-42 1
Page 9
.endaoents
to ainutes