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CC 09-08-81 . . . crrt OF CUPERTIRO, STATE OF CALIFORNIA 10300 Torre Avena:!, Cupertino, CA 95014-3255 Telephone: (408) 252-4505 KINUTI!S OF THP. REGULAR K!ETING OF THE CITY COUNCIL HELD ON SEi'TÐmER 8, 1981 IN TIlE COUNCIL ClWlBER, CITY HALL COPUTINO, CALIPORNlo\ The lIeetina vas called to order by Mayor Sparks in the Council Chamber at 6:45 p.... Counc. Present: Counc. Absent: Johnson, Plungy, Rogen, Mayor Sparks Gatto CC-548 Page 1 Meyers to at- tend Solid Wsste meeting Legislative Review Com- mittee SB 999 - F ire- works Social Secur ity Replacement Pr"gran: Staff Present: City Manager Quinlan City Clerk Cornelius Director of Public Works Viskovic.' (left at 10:50 p....) Director of Planning and Wevelopaent Sisk (left at 10:50 p.m.) Director of Parks and Recreation Dowling (left at 7:50 p.m.) h3sistant to the City Manager BrOVD (left at 7:05 p.II.) City Atto~ey 1J11aD (7:10 p....) Director of Finance Snyder (8:10 p.m.; left at 9:10 p.m.) CDBG Coordinator Bendee (left at 10:50 p.m.) STAFF REPORTS 1. It vas I80ved by Counc. Plungy, seconded by Counc. Johnson and passed unanimously to authorize former Mayor Robert Meyers to rep~esent the City at the September 16 snd 17 meeting of the Solid Waste Management Committee in Los Angeles. The City viiI provide air fsre and sny wages lost due to his representation ~nd any related expenses. ~~islative Review Committee - Counc. Johnson presented the committee's reco_endatir,n3, It vas moved by Counc. Plungy, seconded by Counc. Johnso and passed unanimously to go on record in opposition to SB 203 (Possibl~ Major Increase in Tort Liability), AS 2099 (Density Bonus for Low and Mod- erate Income Housing), AB 1192 (Municipal Debt Advisory Committee Estab- lished), AB 1071 (Allow Special Districts to Negotiate for Portion of Tax Increment for Annexations prior to July 24, 1980), AB 1229 (Require Stste and Local Agencies to Use Standards of Internal Auditing), and SB 835 (Require Local Agencies to Pay Interest to Contractors on Amount withheld for Performance of Contracts). It was moved by Counc. Rogers, seconded by Counc. Plungy and passed with Counc. Sparks dissenting to oppose SB 999 (Fireworks, State Preemption of Local Authority to Prohibit Sales). City Manager's Report Social Security Replacellent Program - It vas moved by Counc. R~gers, sec- onded by Counc. Plungy and passed unanimously to approve the following expenditure of the 6.65% of payroll should employees elect to withdraw from Social Security: _4~ Recycling Program Fall Trash Pickup Appointment to Flood Con- trol Zone Advisory Co_ mittee .ate Ride Share s~ costs . . . KINUTES OF THE SEPTEHBEK 8, 1981 CITY C01r.U:IL MEEnNG 1.6% to replace the survivor's benefit with five times annuel salary life insurance 1.5% (estimate) basic PERS increase in rate since there is DO social security 2.0% (estimate) highest single year of esrnings to calculate retir...nt benefit PERS uendaent 1.55% salary increase which could 'e placed in the voluntary deferred _ compensation program 6.65% tota1. Recycl1n l Program - It was moved by Counc. Rogers, seconded by Counc. Johnson and passed 'm....t....usly to authorize staff to deterlline the test area for the recycling program with Los Altos Garbage Coapany. The City Manager announced that the dates of the fall trash pickup will be November 7 for the area vest of Stelling and Noveaber 14 east of Stelling. Flood Control Zone Advisory Co1aittee - It vas II;Jved by Counc. Pluugy, seconded by Counc. Roger. and passed unanimously to reappoint C?unc. Johnson to the Flood Control ZOne Advisory Committee with Director of Public Works Viskovich and Direct('r of Planning snd Development Sisk as alternates. Operation Ride Share - It was moved by Counc. Plungy, seconded by Counc. Johnson and passed unanimously to approve a lesolution of support for Operation Ride Share. (City Clerk's Note: City Attorney Kilian arrived at 7:10 p.m.) 2. Report regarding costs of The Cupertino Scene. The report vas accepted by Council. RECESS: 7:15-7:25 p.m. SALLTE TO THE FLAG ROLL CALL Coune. Present: (.ounc. Absent: Johnson, Plungy, Rogers, Mayor Sparks Gatto Staff Present: City Manager Quinlan City Clerk Cornelius Director of Public Works Viskovich Director of Planning and Development Sisk Director of Parks and Recreation Dowling Assistant to the City ~~nager Brown City Attorney Kilian Director of Finance Snyder CDBG Coordinstor Hendee . . . KIAuns OF THE SEPTEMBER 8. 1981 CITY COUHCIL KEETING CORSERT CALENDAR 8. Resolu:ion No. 5696: "A Resolution of the City Council of the City of Cupertino Alloving Certain Claims and DeaaDds Payable in the ~unt and From the Funds aa Hereinafter Described for Salaries and Wages for the Period Ending August 4, 1981." 9. Resolution No. 5700: "A Resolution of the City Council of tIle City of Cupertino Allowing Certain Claims and Deaønds Payable in the Amounta and frOlD the Funds as Bere1nafter Described for Salaries and Wages for the Period Ending August 25, 1981." 10. Resolution Ro. 5701: "A Resolution of the City Council of the CitY of Cupertino Allowing Certain Clsims and Demands Payable in the Amounts and lrCII the Funds as Hereinafter Described for General and Hiscellaneous Expendi tures for the Perlo" Ending Augus t 21, 1981." (Staff recommendation was to continue this item to the lIeeting of September 21, 1981.) 11. Resolution No. 5702: "A Resolution of the City Council of the City of Cupertino Accepting Grant of Easement for Roadway Purpoaes frOlD Charles and Adriana Rifrcdi Consisting of Approximately 0.11 Acres, Located along Stevens Cr..ek BoulevardJ;:aat of Adrisna Avenue." 12. Resolution No. 5703: "A Resolution of the City Council of the City of Cupertino Approving Contrsct Change Order Noa. 3 snd 4, Traffic Signal Installation at Rainbow Drive snd Stelling Road, Project 80-13. 13. II8aolutioD No. 5704: "A a.øolutJon of ~ Cic, Council of the CitY of Cupertino Approving Contract Change Order Nr.. 2 for South De Anza Boulevard Landscaping Installation Project 80-05." 14. Resolution No. 5705: "A Resolution of the City Council of the City of Cupertino Approving Contract Change Order No. 2 for Imperial Avenue Waterline. Project 81-28." 15. r,,,..olution No. 5706: "A Resolution of ~he City Council of the City of Cupertino Approving Contract Change Order No. 1 for Stevens Creek Storn· Drain Phase 1 '1-1' Basin Project 81-31." 16. Resoh tion No. 5707: "A Resolution of the City Council of the City of Cu¿ertino Approving Parcel Hap and Improvement Plans of Property Located at the Southeast Corner of Stevens Creek Boulevard and Finch Aven,.:; Develope. . Barclay's Bank of California and Cypress Building Associates; Authorizing Execution of Improvement Agreement; Authorizin Signing of Parcel Hap and Improvement Plans." 17. Resolution No. 5708: of Cupertino Removing Oaks Subdivision." "A Resolution of the City Council of the City Condition of Approval, Tract No. f92l, Three CC-548 Page 3 _4: . Consent Cal- endar approve . MINUTES OP TEE SEPTEMBER 8, 1981 CITY COUNCIL MEETING 18. Relh)lution 110. 5709: "A Resolution of the City Coœcil of the City of Cupertino Accepting . Grant of Eaaeaent for Sidewalk Purp~es frOll Rayaond and Dorothy Erickson; Located on the West Side of Miller Avenue Just Borth of ~ Avenue." 19. Resolution 110. 5710: "A Resolution of the City Council of the City of CupertillO Approviag Tract 110. 6921, Three OSU Sub- d1visioD end Authorizing the <ligning of the Pinal Map." 20. ¡'e80lutioD Ro. 5715: "A Reeolution of the City Council of the City of Cupertino Approving Contract Change Order 110. 2 for Traffic Signal Modification at Stevens Creek Boulevard and Mary Avenue, Project 110. 80-16, and Traffic Signal IntercoDnP.ct ExtensioD. Project 81-03." 21. Resolution 110. 5716: "A Resolution of the City Cous.cll of the City of Cupertino Rescinding Reaolution No. 5684 which Declared Intention to Order Closure of Old Stevens Creek Road." 22. Acceptance of City projects performed under contract: (a) Traffic Signal Installation at Rainbov Drive and Stelling Road, Project 80-13. (b) Stevens Creek Boulevard and Miller Avenue Ked40n Land- scaping Projects 80-06 and 79-23. (c) Stevena Creek Storm Drain, Phase 1 "I-I" Basin, Project 81-31. (d) laperial Avenue Watermain, Project 81-28. 23. Acceptance of aunicipal improvements by developers: (a) Tract 6272, Silver Oaks West, Northwest corner of Stevens Creek Boulevard and Foothil; Boulevard. 24. Minutes of the regular City Council meeting of August 17, 1981 (CC-546) 25. Hinutes of the adjourned regular City Council meeting of August 18, 1981. (CC-547) It vas moved by Counc. Plungy, seconded by Counc. Johnson and passed unanimously to approve the Consent Calendar. Vote AYES: NOES: ABSENT: ABSTAIN: Hembers of the City Council Johnson, Plungy, Rogers, Sparks None Gatto None 'f[1i,C :;<," · HIiCUTES OF THE SEPt......1R 8, 1981 CITY COUJ!CIL MEETING CC-548 Page 5 ORAL COMHUNICATIOas 26. Hr. Laurence Sbaeffer. re~Ñ1ng parking of truck in driveway. Hr. Shaeffer, 894 Brent Avenue, addressed Council regarding a letter re- ceived fro. the Cit,.'a Code Enforc:_t Officer. After discussion per- taining to vari_ poaaibUitiea of ways to soI'/e Mr. Shaeffer'/!! problea, Council by conaene_ tack no action. 27. Mr. George T. Dill regardina alleged street view obstruction. It was moved by Counc:. Rogers, aec:onded by Counc. Plungy and passed unøa- Continued ilDOusly to continue this matter to the meeting of September 21, 1981 in order that the City Traffic £Dgi"eer might meet with Hr. Dill to seek solutions to the !'robl.. No action re parking of truck Ann Anger, 10185 l!Iapire Avenue, 1nQuired about the tank can pn the rail- Tank cars road tra~ks alon¡ Pau1nsula AveDae. The City Manager viiI report back re- garding what chea1c:al is in the cars and how long they sre expected to be there. · PUBLIC BEARINGS 28. Application' l8-Z-81 of City of Cupertino (Upland Way snd Stellingl Rainbow): Preaoning a total of 3~ gross scres as described below: 22 acres from Santa Clara County Al-lO (Agricultural Residential, 10,000 sq. ft.min1mum lot 8ize) zone; Ai-lac (Agricultural Residential, 1 ac.e minimum lot size) ZODe; RBS (Reaidential Billside Slope Density Formula) zone to City of Cupertino RB~ (Residential Hillside Slope Density Formula) zone. Th" propert,. is lo<:sted on Upland Wsy southwesterly of Bubb Road and Rainbow Drive. 1. 7 acres from Santa Clars Count,. A (Exclusive Agricultural) zone to City of Cupertino Rl-6 (Residential Single-family, 6,000 sq. ft. minimum lot size) zone. The property is located on the north side of Rainbow Drive approximately 200 ft. westerly of the Southern Pacific Railr03d right-of- way. 6.7 acres froll !;anta Clara County A (Exclusive Agricultural) zone to City of Cupertino Rl-6 (Residential Single-family, 6,000 sq. ft. minimum lot size) zone. The property is located on the northwest and southwest corner of Stelling snd Rainbow Drive; and vesterly of Stelling Road to the Southern Pacific Railrosd right-of-vay beginning approximately 100 ft. southerly of Osk Keadov Court. Environmental Review: The Planning Commission r~commends the granti~g of Negative Declaration for the ZOning action on the above described 30_ gross acres. The Subject appliCAtion is recommended for approval. · (a) First reading of Ordinance No. 1132: "An Ordinance of the City of Cupertino Amending Section 1 of Ordinance No. 2 by Prezoning Approximately 30 Acres as Follovs: 22 Acres from Santa Clara County Al-lO, AI-lac and RHS Zones to City of Cupertino &as Zone - Located on Upland Way Southwesterly of Bubb Road and Rainbow _4: Public hear- ing closed Il<.gative Dec. for 18-Z-8l l8-Z-8l eoved HDlUTES OF THE SEPTEMBER 8, 1981 CITY COUNCIL MEETING 28. (a> (continued) Drive; 1. 7 Acr.. frOll Santa Clara County A Zone to City of Cupertino Rl-6 Zone - Located on the North Side of Rain- bow Drive Approxi..tely 200 Ft. Westerly of the Southern Pacific Railroad Right-of-Way; 6.7 AcraB frOll Santa Clara County A Zone to City of Cupertino Rl-6 Zone - Located on the Northwest and Southwt'st Comer of SUlling and Rainbow Drive snd Westerly of Stelling Roacl to the Southern Pacific Railroad Right-of-Way Beginning Approximately 100 Ft. Southerly of Oak Meadow Court." Paul Sonnenblick, 11525 Upland Way, asked if this particular prezoaing had been brought about because of the Seven Springs area. Be also pointec! out an error in the up being displayed and inquired about the RBS zoning designation. It vas IIIOved by Counc. 1bCWU, seconded by Counc. Plungy and passed unanimously to close the public hearing. It vas IIIOved by Counc. Rogers, seconded by Counc. Johnson and paased unan1mously to grant a Negative Declaration for Application l8-Z-8l. It was IIIOved by Counc. Rogers, seconded by Counc. Johnson snd passed unan1mously to approve Application l8-Z-8l per Planning C~88ion Resolution No. 2235. first reading It vas lDOVed by Counc. Johnson, seconded by Counc. Rogers and passed of Ord. 5711 unanimously to read Ordinance No. 5711 by title only and the City Clerk's reading to constitute the first reading. Public hear- ing closed Res. No. 5711 adopted . 29. Consideration of lien assessments and tbe collection of same resulting from the abateaent of public ~uisances. (a> Resolution No. 5711: "A Resolution of the City Council of the City of Cupertino Providing for Lien Assessments and for the Collection of Same Resulting from the Abatement of Public Nu1ssnces." No protests were r~ceived. It vas moved by COUllC. Johnson, seconded by Counc. Plungy and passed unanimously to close the public hearing. It was moved by Counc. Johnson, seconded by Counc. Plungy and passed unanimously to adopt Resolution No. 5711. 30. Consideration of participation in a County cooperative issue regarding mortgage revenue bonds. Counc. Johnson and CDBG Coordinator Hendee reviewed mortgage revenue bonds with Council. Hary Davey, Santa Clara County Housing Advisr, and Victor Lee, a representative from A. G. Becker, reviewed the current status of the County cooperative bond issue and future plans. · · · . HINUTES OF THE SEPTEMBER 8, 1981 CITY COUNCIL MEETING (City Clerk'a Rote: Director of Finance Snyder arrived at 8:10 p,..) Mr. Lee also reviewed the Orange County progr_ and 81I8Wred que.UOIIII regsrding coata, interest rates, teøt111S the I18rket and bond raUnga. ~. Bob Childs, 10152 Barbara Lane, asked what aaount ... curratly pro- posed and what portion would be avdlab1e to cupertino. Be aaked if Council had a strong desire to participate in the prograa rep,,:a88s of amounts involved. Be aleo stated that Iiond aales have dried up and in- quired as to the underwriter fee structure, does the underwriter gnar8Dte sale and would City funda be 6xposed. Hr. Lee state<! that $30-70 aillion has usually been aentioned as the 8IIIOunt. However, it could go aa high aa $100 aillion. Hr. Childs e% )reaaed his opinion that the City does not belong in the savings and loan business. Hr. Lee stated that if the bonds were taxable, investor. There could be an inveators' suit. there are varioue levels of safe goals. the risk would lie with the Be further stated that Hr. Childs questioned vhy there had only been one bond issue since; enabling legislation had been enacted. Alf Hodine, 19385 Prune Tree Lane, stated the Citizena Goals Committee rec01llBendation that should the City vish to form a redevelopment agency, it should go to a vote of the people. Hr. Robert Kretachaann, lIember of the Goals Committee, stated that he believed that the Goals Committee vote on that iasue was 14-3. Hr. Paul Sonnenblick rec....ended Council consider other alternatives to provide affordable housing. It was moved by Counc. Rogers, seconded by Counc. Plungy and passed unan- imously to close the public hearing. It vas moved by Counc. Ro~ers, seconded by Counc. Plungy and passed ~nan- imously to approve continuation as a member of the advisory comm~ttee re- garding mortgage revenue bonds with Counc. Johnson as the City's repre- sentative. 31. Appealof Architectural and Site Approval Committee's standard con- ditions of approval, Sign Application HC-51,558.l, Photo Drive-Up Facility, 1375 Saratoga-Sunnyvale Road. At the recv ,~1!.t1a of the City Att0rDfIY. it... moved by Counc, Rogers, aeconded by CGU1Ii!. Plungy and pM sad '....n4-u1y that the appeal of ASAC Appl1cø.Uon Øo-51,55&.I, Pboto Dr1...e-up '.et.u~, bl! continued to such t1lN as any appeal of the use peftdt would be heard. This is anticipated to be October 5, 1981. tc-S48 Page 7 Public hearing closed Continu~ as members of advisory commit tee Con t inued to tiDe of hear- ing of use permit sppeal \ I ~8 P.8 Public hear- ing closed Res. No. 5698 adopted Res. No. 5699 Wted D,c-'l-31 ion ac- cepted fr"m SPACE . --.'~;'~~;O;:": . '.::'<(,~¡~ '1¡>þ¡ ð¥ ... ": ,-"~,,J,,:,,:,,~,A)' . KIIIU'TES OF THE SEPTEMBER 8, 1981 CITY COUBC1L KII'l'DG 32. Detemination of use of revenue shadD' funcla, adoption of &11 operating and cOlUltruct1œJ budget for fi8ca1 year 1981-82 and eatablishing of aD appropriation liait for fi8ca1 year 1981'" 1982. <a) leøolution No. 5698: "A Resolution of tha City Council of the City of Cupertino Iatabliah1ng &11 Appropr1at1oa Liait for Fiscal Year 1981-1982." (b) Resolution No. 5699: "A Resolution of the City CøaDcU of the City of Cupertino Adopting an Operating and Co_trac- tion Budget for Piae'!l Year 1981-82 by Ratifying latiutea of Revenues to be ~ce~yed in Each Pund and Appropriating Monie. TherefrOll for Specified Prograa Act:ivitie. and Accounts and Setting Forth Conditions of Ada1nistering Said Budget." It vsa .,.,ed by Counc. Johnson, seconded by Counc. Plungy and passed Ullani__ly to close the public hearing. It vaa mVed by Counc. Johnson, seconded by Counc. Plungy and p8S8ed unan!aouely to adopt Resolution No. 5698. It vas mved by Counc. Johnson, seconded &y Counc.. Plungy and passed unan!aously to adopt Resolution No. 5699. PLANNING APPLICATIONS 33. None ARCHITECTURAL AND SITE APPROVAL COHK1TTEE APPLICATIONS 34 . None ITEMS UKOVED FROM CONSENT CALENDAR 35. None UNFINISHED BUS1NES3 36. None NEW BUSINESS 37. Acceptance of gift of funds from SPACE to the City of Cupertino. It wss moved by Counc. Plungy, seconded by Counc. Johnson and passed unanimously to accept the donation of approximately $136 from SPACE and that a letter of acknowledgment be sent to the organization. (City Clerk's Note: Direr.tor of Finance Snyder left at 9:10 p.m.) 38. Request for temporary office trailer - Brap.gen Corp. - Valley Green Drive. Hr. Robert Hanson, Braegen Corp., snswered questions from Council regarding the temporary use of trailers for the Adllinistralive Services Departaent. '. -,...,,~~\" ,>:::r~~,_:t(/1-~·· , · K1HUT~ OF THE SEPtdulER 8, 1981 CITY COUNCIL MEETING Mr. Joe Barraza, resident of the area, stated that the trailers would look bad and that the storage area of the corporation already loob unsightly. Mr. Bauaen stated that the aaterial being sto-.:ed is recyclable uterial which is changed approxiutely f/Very three veaka. Mr. IteDt SalaoD, Division Manager of Braeg8D, stated that auy continuation of couaideration wonld be a probl_ as the area vas needed for training ,-lasses. Be stated that he would negotiate vith the neighbors regard ins t~~rary landacaping. · Hr. Barrua aaked what City policy was regard ins notification. Be also stated that he would sgree to the trailers for only Bight months if land- scaping vas provided. It vas IIOVed by Counc. Plungy, seconded by Counc. Rogers and passed unaD- illOusly to approve the use of temporary office ~railera aa requested by Braegen Curp. for an 8-month peric:d. Conditions of approval were that trssh bins be placed vitbin the trash enclosures snd it... stored in said enclosures be remved. If parking becOl'''~ a prl"bl_, the applicant shall rl!lllOVe the trailers and restore the area to parking. Temporary landscaping is to be placed along the outer walla of the trsilers. Staff will deter- mine tbe size of the shrubbery. Mr. Barraza submitted his n... and address to the City Clerk for special notification should this be sgendized at a future date. CC-S48 Page 9 Temporsry trailers approved for Braegen Corp. Counc. Rogers IIOVed thst in future if an identifiable person cr group con- Motion died tacts City staff regarding objections to a project, staff contact the applicsnt to aeet vith th_ prior to Council lIeeting if posdble. The motion died for lack of a second. 42. County referral - Review of Kaiser Aluminum and Chl!lllical Corp. pro- posed rezoning frOll County Agricultural (A) to County Residential and Agricultural - other uses vith use permit (Al) and use pelllit to allow existing facility and a proposed ~ansion of aluminum manufacturing facility. Subject property consists of approximately 150 acres lo- cated at the termin~s of Stevens Cr~ek Boulevsrd cPermanente Road). Director of Planning and Development Sisk reviewed the County avplication vith ::Ouncil. TOil O'Donnell. sttorney representing Kaiser, requested that Council allow for the full 150 acre zoning as any use permit expansion vould re1uire notification. It vas moved by Counc. Plungy and seconded by Counc. Rogers to accept staff recommendation for par~ial rezoning. The motior. ~id not pass; Councilmembers Sparks and Johnson dissented. · It was moved by Counc. Sparks and seconded by Counc. J~hDson to allow for the full 150 acre zoning. The motio:; did not pass; Councilmembers Rogers and Plungy dissented. Hotion for partial rezo!1.- ing Ko~ion for full r~zoning ..~o Kaiser re- ferral con- tinued BHR Progr... for Park Plaza lIodifie . Res. No. 5712 ador~ed Appropriation for architec- tural ser- vices De Anza Oaks bonds release . .-'-,". . HIlIUTES OF THE SEPTEMBER. 8, 1981 CITY COIJ1OCIL MEETING It vaa moved by eo,· JC. Plungy, seconded by Coun(;. Rogers and pUíled unanillOualy to continue consideration of thi8 referral to the ..eting of Septeaber 21, 198~. RECESS: 9:35-9:45 p.m. 39. Consideration of aodification of Below Marht Rate requir_ta - Park Plaza Developtaent, Stevens Creek Boulevard and Portal Avenue, C & B Partnership. Hr. Martin Ball, representative of C & B Partnership, reviewed the history of the development of the southwest corner of Portal and Stevena Creek Boulevard and requested the eliaination of all BMR units on tbis project. It vu moveò by Counc. Johnson, seconded by Counc. Plungy and passed vith Counc. Rogers dissenting to approve IIOd1fication c.f the Below Market Rate Prograll for the Park Plaza Developllent, Stev~s Creek Boulevard and Portal Av~nue, C & B Partnership, co reduce by 50% the nt.ber of units required. The four BMR units already constructed viII meet the requir.-nts. 40. Joint Powers Agreement for Co_unity Development Program - Fiscal Years 1982-85. (a> Resolution No. 5712: "A Resolution of the City Council of the City of Cupertino Authorizing Execution of Joint Powers Agreement with Ssnta Clara County for Housing and Community Development Program." It vas moved by Counc. Plungy. secondei by Counc. Johnson and pas...À unaniaously to adopt Resolution No. 5712. 43. Request for appropriation to pay Jam~s Coleman for landscape architectural services, Stevens Creek/Hiller median project. It vas IDOved by Counc. Plungy, seconded by Counc. Johnson and passed unanilDOh8ly to appropriate $5û5 from the General Fund for architec- tural ser!ices of James Cole~n for the Stevens Creek/Hiller Avenue median Project. 44. Request for authorization to r¿lease all bonds of pe Anza Oaks Project. It vss moved by Counc. Plungy, seconded by Counc. Johnson and passed unanimousl} to accept the ~unicipal improvements in conjunction vith De Anza Oa~s project and authorize staff to release all bonds now assigned to the homeowners association. 45. Documents relating to the matter of Cox v. City of Cupertino, et. al. The documents were receiv~d by Council. 46. Report on purcàase of house on nor:hwes~ corner of Poppy Drive and Foothill Boulevard for videning of Foothill Boulevard. · · · "'. ...·~·7 MINÙTES OP THE SEPTEKBER 8, 1981 CITY COUJICIL MEETING 46. (a) Resolution No. 5713: .... Resolution of the City Council of the City of Cupertino Accepting Grant Deed of Real Property for lÐac!vay Purposes frOll Arthur I. Wilbur and Julia K. Wilbur Located on Poppy Drive at Poothill Boulevard." CC-548 Psge 11 It vss 80ved by Counc. Johnson, seconded by Couuc. Pluugy end passed unan- Rd. No. 5713 iIIously to adopt Resolution No. 5113. adopted WRITTEN CJIItURICATIORS 47. Request frOlll City of Santa Clara to oppose the release of Will1sa Archie Fain. It vas moved by Counc. Rogers and seconded by Counc. Sparks to join the City of Santa Clsra and Stanislaus County in opposing the release of Willi"", Archie Pain. The 8OUon failed with Councilllellbers Johnson and Plungy dissenting. It vas moved by Counc. Rogers, seconded by Counc. Johnson and passed uoanillously to continue consideration of opposition to tbe relesse of William Archie Pain to the meeting of September 21 in order that the City Clerk may provide 80re information. NEW BUSINESS (concinued) 41. Request for appropriations for consultants - Questor Associates (General Plan Economic Report). It vas moved by Counc. Rogers, seconded by Counc. Plungy and passed unaD- iIIo~sly to appropriate $7,325 from the General Fund for Questor Ass~ci- ates consultants. ORDINANCES 48. Second reading of Ordinance No. 1125: "An Ordinance of the City of Cupertino Amending Section 1 of Ordinance No. 2 by Rezoning Approx 1ma!ely .5 Gross Acre froll P Zone tu P Zone; Located on the Southeast Quadrant of the Intersection of Homestead Road and De Anza Boulevard. Opposition to release of Fain continued Appropriation for General Plan consult- ants It was moved by Counc. Plungy, seconded by Counc. Kogers imously to read Ordinance No. 1125 by title only and the reading to constitute the s~cond reading. and passed unan- Second reading City Clerk's of Ord. 1125 It was moved by Counc. Rogers, seconded by Counc. Johnson and passed unan-- Ord. No. 1125 imously to enact Ordinance No. 1125. enacted 49. Second reading of Ordinance No. 1127: "An Ordinance of the City of Cupertino Amending Section 1 of Ordinance No. 2 by Rezoning Approximately 1 Gross Acre from Rl-lO Zone to Rl-7.5 Zone; Located on the South Side oÍ Cupertino Rosd Approximately 100 Ft. East of Foothill Boulevard." ·8 Page 12 Second resd- ing of Ord. 1127 ú.-". No. 1127 en8C t ed Second read- ing of Ord. 1128 Ord. No. 1128 enac t ed . Second read- ing of Ord. 1129 Ord. No. 1129 en3cted Second read- ing of Ord. 1130 Ord. No. 1130 enac ted At read- !W!" of Ord. 1133 MINUTES OF THE SEPTEMBER 8, 1981 CITY COUNCIL MEETING It vas moved by Counc. Plungy, seconded by Counc. Johnson and passed unanimously to read Ordinance No. 11'7 by title only and the City Clerk's reading to constitute the decond reading. It vas moved by Counc. Rogera, seconded by Counc. Johnson and passed unaniaously to ensct Ordinance No. 1127. 50. Second reading of Ordinance No. 1128: "An Ordinance of the City of Cupertino Aaending Section 1 of Ordinance No. 2 by Re- zoning Approx:lmatalY .4 :Jr09S Acre fro. HI. to SA Zone; Located on the Northeast Comer of McClellan Road and Bubb Road." It vas moved by Counc. Plungy, seconded by Counc. Johnson and passed unanimously to read Ordinance No. 1128 by title only and the City Clerk's r~ading to constitute the second reading. It was movec" by (;ounc. Rogers, seconded by Counc. Johnson and pa9sed unanimoualy to enact Ordinance No. 1128. 51, Second reading of Ordinance No. 1129: "An Ordinance of the City of Cupertuw Amending Section 11.24.150 of the Cupertino Municipal Code, Relating to Stopping, <¡tanding or Parking on Public Streets on Rainbow Drive, Stelling Road and Homeatead Road and Providing for Signs or Red Curbing Notifying the Public Thereof." It vas moved by Counc. Plungy, seconded by Counc. Johnson and passed unanimously to read Ordinance No. 1129 by title only and t~e City Clerk's reading to constitute the second reading. It was moved by Counc. Rogers, seconded by Counc. Johnson and passed unanilDOusly to e....ct Ordinance No. 1129. 52. Second reading of Urgency Ordinance No. 1130: "An Ordinance of the City of Cupertino Amending Sections 11.20.020 and 11.20.030 of the Cupertino Hunicipal Code Relating to All Directional VehIcu- lar Stop Required at Alves Drive at Bandley and Declaring the Urgency Thereof." I t was moved by Counc. Plungy, seconded by Counc. ,"ohnson and passed unanimously to read Ordinance No. 1130 by title only and the City Manager's reading to constitute the second readi~g. It was moved by Counc. Rogers, seconded by Counc. Plungy and passed unanimousl¡ to enact Ordinance No. 1130. 53. First reading of Ordinance No. 1133: "An Ordinance cf the City of Cupertino Revising Section 2.08.090, Order of Business, of the Cupertino Hunicipal Code." It was moved by Counc. Plungy, seconded by Counc. Rogers and passed unanimously to read Ordinance No. 1133 by title only and the City Manager's reading to constitute the first reading. . . ,".'1 .;;. '/~:'~'1' ;~?~\ .:",,-~~~r.~"'~··-" . KINUTES OF THE SEPTEMBER 8, 1981 CITY COUNCIL MEETING 54. First reading of Ordinance No. li34: "An Ordinance of the City of Cupertino Amending Chapter 16.12 of the Cupertino Municipal Code Requiring a Prelf.ainary Soil Report and Approval Thereof as a Conditi n to the Issusnce of a Building Permit or Final A¡.provsl of a Sub- division Map." It vas !lOved by Counc. Plungy, seconded by Counc. Johnson and passed unanimously to read Ordinance No. 1134 by title only and the City Manager' reading to constitute the first reading. 55. First reading of Ordinance No. 1135: "An Ordinance of the City of Cupertino Amending Section 11.24.160 of the '::upertino< Municipal Code, Relating to Parking on Bollinger Road BetveeL Certsin Hours and Ex- ceptions Included." It vas !lOved by Counc. Plungy, seconded by Counc. Johnsen snd passed unsnimously to read Ordir.<ance No. 1135 by title only and Ùe City Mana- ger's reading to constitute the first reading. RESOLUTIONS 56. Resolution No, 5714: "A Resolution of the City Council of the City of Cupertino Authorizing Execution of Agreement betvep.n the City of San Jose and the City of Cupertino for Sharing Costs for Modifica- tion of Traffic Si¡in"ls at Blaney Avt!DUl!/Bo11inger Road and Hiller Avenue/Bollinger l!.-::dd." It vas moved by Counc. Plungy, seconded by Counc. Rogers and passe~ unan- imously to adopt Resolution No. 5714. Council requested that when Code Enforcement issues are listed under Oral Communications in the future that the Code Enforcem~nt Officer be present. NON-AGENDA ~USINESS 57. Recognition by Mayor of s¡.ecial request~. (a> General Audience - Hr. Bob Childs inquired about the liability involved regarding CDBG funds. It was moved by Counc. Plungy. seconded by Counc. Johnson and passed unanimously to request an oral opinion from the City Attorney at their meeting of September 21, 1981 regarding liability of CDBG funds and to request that signatures on the approved agreement be withheld until after that opinion is considered. At 10:50 p.m., Council adjourned to a closed session to discuss personnel matters. At 11:15, Council reconvened in open session. 4IIÞ Staff Present: City Manager Quinlan, City Clerk Cornelius, City Attorney Kilian cc-548 Paae 13 first reading of Ord. 1134 First reading of Ord. 1135 Res. No. 5714 sdopted Code Enforce- ment Officer to be present Or:'l opinion re(j \Jested to liability of CDBG funds Closed session . . ~~ P..4 KIHUTES OP THE SEPTI!KBER 8, 1981 CITY COÐl'IC1L MEBTIRG The City Attorney auuOuuced that no action had been taken in closed session but Co·",cil bad dhcuased c~i..ion duties. At 11:17 p.II., it vu mvecl by CouIIc. Plungy, aecooded by Counc. Johnson and passed unant.oualy to adjourn to the meeting of September 21, 1981. #~. f-f City Clerk tZ;;J" - . .