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CC 11-20-78 · · · · "~'-'~'~"~~""~''''~'~~.''.'\~~!?\'J'":~.~~. '''~~~~Y,('_~~,~~~Jt~-1J-~~,....J ..'~'. , ,',-" , ", ,,'~ 'f ,.:' f ,,1, '. Y.''1 --'' '^, ~,""',,', '"',, , "", "'-... ..." '''. CITY OF CUPERTINO, STATE OF CALlPORNIA 10300 Torre Avenue, CupertillO, California 95014 Telephone: 252-4505 KINUTES OF THE UGULAR KEETIHG OF TIll em COl'HClL HELD 011 NOVEMBER 20, 1978, IN THE COOðClL ClWfBU, CITY HALL CUPERTINO, CALlFO!IIIIA SALUTE TO THE FLAG Mayor Jackson called the lIIeetina to order at 7:32 p... ~~ the counctl Chamber of City Hall. ROLL CALL '-cuneo Present: Meyers, O'Keefe, Rogers, Sparks, Mayor Jackson Staff Present: City Manager Quinlan Director of Administrative Services Ryder Director of Public Works Viskovich Director of Planning and Developlll~lt Sisk Director of Parks and Recreation Butler Housing Rehabilitation Counselor Ha9tings CONSENT CALENDAR Ite:ns 8, 9, 12 and 15 were removed from the Consent C,llendar. It was moved by Counc. Sparks, seconded by Counc. Rogers and passed unan- imously to approve the balance of the Cnnsent Calendar. 1. Resolution No. 4838: "A Resolution of the City Council of the City of Cupertino Allowing Certain Claillls and Demands Payable in the Amounts and from the Funds as Hereinafter Described for General and Miscellaneous Expenditures for the Seven Dil.Y Perio.1 Ending November 6. 1978," 2. Resolutio!1 No. 4840: "A Resolution of the City Cou.:tcil of the City of Cupertino Allowing Certain Claillls and DelllllJ\ds Payable in the Amo,mts and from the Funds as Hereinafter Described for Salaries and Wages for the Payroll P"riod Ending November 7, 1978." 3. Resolution No. 4847: itA Resolution of the City Council of the City of Cupertino Allowing Certain Claillls and Demands Payable in the Amounts and from the Funds as Hereinafter Described for General and Miscellaneous Expenditures for the Seven Day Period Ending November 13, 1978." 4. Request for appropriation for drainage grates along Stevens Creek. 5. Resolution No. 4842: itA Resolution of the City Council 01 the City of Cupertino Authorizing Execution of Cooperative Agreenent between the City of Cupertino and tr~ State of California Providing for the Widening of De Anza Boulevard (State Highway Route 85) from Stevens Creek Boulevard to Lazaneo Drive." CC-441 l'age 1 Items removed from Calendar, balance approved I:C7441 P.2 . ~_ com- "~, ,:.( ~,~ 'O¡;:~L~":;,~ ,.~~ . -,." ',' ,( MINUTES OF THE NOVEMBER 20, 1978, CITY COUNCIL KEETlNG 6. Resolution No. 4843: "A Resolution of the City Council of tlut City of Cupertino Acceptina a .Grant of Eaa_nt for StOt1ll Drain Purpos.. from Jcseph P. Brown and Vera E. Brown Located along Sandley Drive North of Lazaneo Drive." 7. Resolution No. 4844: "A Resolution of the City Council of the City of Cupertino Accepting a Grant of Easement for Storm Drain Purposes frOll Erneat S. tlenalta and Sh1geko Uenau; Itsuo Uenau and Marian F. Uenau Located alona Bandley Drive North of Lazaneo Drive." 10. Resolution No. 4841: "A Reaolution of the City Ccuucil of the City of ~upertino Amending the Conditions of Employment with the City Manager by the Granting 0> a Monthly Car Allowance." 11. Resoluticn No. 4845: itA Resolution of the City Council of the City of Cupertino Approving Contract Change Order No. 2 for HCD Water Line, Project 78-11." 13. Application HC-5l,OI5.2l - Edwin J. l!yers (Pauline Woodruff) requesting approval of site and 1andscapi,\g for relllOdel of the Stevens Creek Boulevard frontage of Cupertino Crossroads Shopping Center. Recom- mended for approval. 14. Application HC-5I,002.21 - James J. Garber requesting approval of site, architecture and landscaping for a triplex at the northeast corner of Foothill Boulevard and Alpine Dcive. Rec~mmended for approval. 16. Minutes of the adjourned regular City Council meeting of November 6, 1978. (CC-439-A) 17. Minutes of the regular City Council lIIeet ~g of November 6, 1978. (CC-440) Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: Meyers, O'Keefe, Rogers, Sparks, Jackson None None None ORAL COMMUNICATIONS 18. None PUBLIC HEARINGS 19. Third public h",aring to consider expenditure of HCD funds for 1979-1982. This item was combined with Item 29. · · · "'~,,,~ -' ......-;. .'" 1 1 , .' ~···,~~··,~,~~~~~·!>:~t~:r:~:{.>:?r~~>:~t:;~~~~~~'~~"~:~, MINUTES OF THE NOVEKBER 20, 1978, C1'1'T OOUNClL !ŒET1NG NEW BUSINESS 29. Urban County HC~ Proaraa (a> Conøideration of Proposed Joint Po~ Agreement for 5th Year Urban County BCD Program. (b) Consideration of recommendation by County Exer.utive concerning Urban County HCD Program. PreGentations - Ann Anger; Christine Cooper, Midpeninsula Citizens for Fair Housing; Glen Davis, Student Body President, De Anza College; Robert Kretchman, representina Disabled Students Union, De Anza College; Sue Kretchman, De Anza College. It was moved by Counc. Sparks, seconded by Counc. Rogers and pas.ed unan- imously to clcsç ~he public hearing. It was moved by Counc. Meyers, seconded by Counc. Sparks and passed unan- imously to approve the staff recommendation re Item 19. It was moved by Counc. Meyers, seconded by Counc. Rogers a~û passed unan- imously to approve the staff recommendation re Item 29. Staff was directed to place on a future agenda at the same time as the Open Space Element is heard the questioll of land use for future school sites dO as to determine alternatives. PUBLIC HEARINGS (continued) 20. Annexation of area designated "Permanente 78-8". It was moved by Counc. Ueyers, seconded by Counc. Sparks and passed unan- imously to close the public hearing. It was moved by Counc. Meyers, seconde~ by Counc. Rogers and passed unan- imously to approve the annexation. 21. City of Cupertino: Public HeaTing to consider an ordinance regulat- ing conversion of multiple far.ily rental projects (including duplexes into single-owner hous:~~ ~~ite; and ENVIRONMENTAL REVIEW: The En- vironmental Review Committee recommends the granting of a Negative Declaration. Recommended for approval. (a) First reading of Ordinance No. 906: "An Ordinance of the City of Cupertino RegulatL~g Conversion of Multi-Family Rental Housing to Community Housing Inlcudiog Condominiums. Community Apartments, Stock Coúperatives and Pla!med Develop:..ents." It was moved by Counc. Sparks, seconded by COUDC. Rogers anri pass¿d unan- imously to continue the matter to the meeting of December 4, 19ïB." PLANNING APPLICATIONS 22. None CC-441 l'aae J Public hearing elosed Staff recom- mendations ap;>roved To be placed on future agenda Public hearing closed Annexation approve': Continued CC.-44l P 4 Projects accepted . Continued HC-5l,471.l approved Possible vol- untary rb1t relief pro- gram . . & ~--'."""~"--","'J "'.~{~ ....""'~,~~,, ·...of" MINUTES OF THE NOVEMBER lO, 1978, CITY COUNCIL IÐŒTIl!G AIlC!lITECTURAL AND SITE APPROVAL COKIIlTTEE APPLICATIONS 23. None ITEMS REMOVED FROM CONSENT CALENDAIl 8. Acceptance of City project performed under contract: Traffic Signal Controllers and Cabinets, Pro1ect 78-8, Multisonic8, Inc. 9. Acceptance of City projects performed under contract - Corporation Yard: (a) Contract No. 9 - St~cco - A. L. Thi~l (b) Contract No. 11 - Drywall, Jack ¡~rton Drj~all (c) Contract No. 13 - Insulation - Shaw Interior Specialties It was moved by Counc. Sparks, seconded by Counc. Rogers and passed unanimously to approve Items 8 and 9. 12. Resolution No. 3873.38: "A Resolution of the City Council of the City of Cupertino Approving Contract Change Order No. 11 for Vallco Park Assessment District 1974-2." It was moved by Counc. Meyers, seconded by Counc. Rogers and passeJ unan- imously to continue the matter to the meeting of December 4, 1978. 15. Application HC-5I,471.1 - Springwood Apartments requesting approval of site and landscaping for that portion 0: the entry which is loch~ed within Cupertino's City limits for a multi-tenant development in the Citf of Lcs Altos. The property is aenerally located at the south- east quadrant of Homestead Road and Foothill Expresaway. Recommended ¡or approval. Presentation - Mr. Ihlncan Madison, applicant. It was moved by Counc. Sparks, seconded by Counc. Rogers and passed unanimously to approve Application HC-51,471.1. UNFINISHED BUSINESS 2",. Letter from the Council on Aging of Santa Clara County, Inc. urging adoption of a rent relief ordinance. It was consensus of the Counc~l that the staff investigate the possibility of developing a voluntary rent relief program among apartment owners. The Mayor volunteered to work with Mr. Avery of the Glenbrook Apartments on what may be able to be developed. ., ,.~----,.,.. . . . ~-,"''''~~,<. ~r-.~1",,,,~~~,,,,,,--, t,.rntt'..,",:~ :r."'-'::~~~A-"";~,~"';fi:·""""n",-;: ,"~' ,_';"; ~."";-":" ;,.~:,' '~t'~·""7.r\"':~;,,'-;'~' r,,~,..~. " ,,~.;, ,__,~:"-:" MINIJ"TES O. THE NOVDIBER 20, 1978, CITY COUNCIL MEETING 26. Request frOll J8IIIeS F. Bahler that Regnart Cre£k be fenced frOD Pacif Drive to Rodrigues Avenu£. It wall moved by Counc. Mayers, seconded by Cnunc. Sparka and paaaed unan- illlOusly to adopt the staff rec01llllendation and grant the five ft. ease- ment along RegnP.rt Creet tc allow the six ft. fence to be conetructed by the Water District. 27. Request frOlll Barry ~. Bergstrom for Council review of method of pro- rating business license fees. ',~ " CC-441 Pale 5 ca Baa..ent arauted for fence It was moved by Counc. Sparks, seconded by Counc. Rogers and passed unan- Request deried imously to deny tbe request for Froration of business license fees. 28. PrDposed bus shelter at Stelling Road and Stevens Creek Boulevard. It was moved by Counc. Rogers, seconded by Counc. Meyers and passed unan- imously to remove the matter from the agenda due to the possibility of an amicable solutio~ between the affected property owners. NEW BUSINESS 30. Report on bid opening for S~evens Canyon Storm Drain. Project 79-9. and award of contract. It was moved by Counc. Meyers, seconded by Counc. Rogers and pa»sed unan- imously to award the contract to Pisano Corp. for $24.425, prov~~e for a contingency of $2.445 and co appropriate $26,870 from the Storm Drain Fund. 31. Report on bid opening for No. De Anza Blvd. Landscaping, Project 79-8, anù award of contract. Removed from agenda Contract to Pisano Co' p . It was moved ~y 'ounc. Rogers, seconded by Counc. Meyers and passed unan- Continued imously to continue the matter to the meeting of December 4. 1978. 32. Recommendations for appointment of three lIIemburs from the unincor- porated area within Zone 2 to serve on the Central Fire District Board. It was moved by Counc. Rogers, seconded by Counc. Sparks and pasaed unan- imously that the names of Mr. Vince Garrod. Mr. Bruce Franks and Ms. Linda Gregory be recommended to the Board of Supervisors for considera- tion of appointment to the Central Fire District Board. 33. Response from ASAC to City Council's request for advisory input re- garding a Garage Sale/Real Estate Open House, Directory donated by Civic Investments. It was moved by Counc. Meyers, seconded by Counc~ Sparks and passed unan- imously to reject tbe request. RecoDDllendation made Request re- j ec ted CC;-441 P.6 Processing of pet it ions authorized, required hear ings Continued Referred to City At ty. c.oued Res. No. 4846 adopted SAd reading o}lllll "rd. No. 903 ~'.;-,..- '.)'l ~"'.':~~'~\'~~~:~~.,~~~1-~~,ø.S'~, '~'r~.~~,~.:w~>1,~J'~;',,f~,!?~o¡{~~,:"*~,~~'T~~·~':},., ,. MINUTES OF TIŒ NOVEMBER 20, 1978, :;In COUNCIL MEETING 34. Submission of pet1tions requesting aunexstion to the City of Cuper- tino from recidentø of a certain sr.. in Konta V!ata. It wss moved by Counc. Roaers, seconded by Counc. Sparke and p...eeI unanimously to authorize the staff to proeeed with the proces.ing of the petitions and for the staff to conduct the required hearinp but with notice of same being given to member. of ~he City Council. 35. Request frOlll Santa Clara County that Cupertino alll8nd ita Animal Control Ordinance to recognize recent Co'mty 8IIIendlllent9. It was moved by Counc. Sparks, seconded by Co~~. Rogers and passed unanimously to continue the matter to a later dat~ to permit the drafting of an appropriate ordinance. 36. Proposed draft for a Building Security Ordinance referred by the Public Safety Commission. It was moved by COline. Sparks, seconded by Counc. Rogers and passed unanimously to refer the proposed ordinance to the City Attorney for review and for placement on the ag"uda for the meeting of December 18, 1978. 37. Propos"d ùraft for a Smoke Detector Ordiuanee referred by the Public Safety Commissi~n. It was moved by Counc. O'Keefe, seconded by Counc. Rogers and passed unanimously to continue this matter to a later date. 38. Extension of Joint Powers Agreement for Northern Santa Clara County Municipal Solid Waste Management Program. (a) Resolution No. 4846: "A Resolution of the City Council of the City of Cupertino Authorizing Execution of Extension of Joint Powers Agreement for Northern Santa Clara County Municipal Solid Waste Management Progralll." It was moved by Counc. O'Keefe, seconded by Counc. Meyers and passed unanimously to adopt Resolution No. 4846. WRITTEN COMMUNICATIONS 39 . None ORDINANCES 40. Second reading of Ordinance No. 903: "An Ordinance of the City of Cupertino Amending Chapter 11.24 (Stopping. Standing and Parking) of the Cupertino Municipal Code and Establishing a Temporary Parking Zone Permit Procedure." It was moved by Counc. Meyers, seconded by Counc. Sparks and passed unan- imously to read Ordinance No. 903 by title only and the H<1yor's reading to constitute the second reading. ..:"",,,,,,,.,.,4,,.,.~,,,,~,. ,.~.""~"""~~N . . . MINUTES OF THE NOVEMBER 20, 1978, CITY COUNCIL MEETING It was moved by Counc. Meyers, seconded by Counc. O'lCeefe and passed un imoualy to enact Ordinance No. 903. 41. Second reading of Ordinance No. 904: "AD Ordin.snce of the City of Cupertino Amending Title 11 (Vehicles and Traffic) of the Cupertino Municipal Code, and Adding e N&'W Chapter 11.36 Thereto, Dealinl' with Closure of Curbs and Medians to Vehicular Traffic." It waa moiled by Counc. Meyers, seconded by Counc. O'Keefe and pasaeó un imously to read Ordinance No. 904 by title only and the Mayor's reading to ~onAtitute the second reading. It was moved by Counc. Meyers, seconded by Counc. O'Keefe and passed UDan imously to enact Ordinance No. 904. 42. First reading of Ordinance No. 907: Cupertino Ame~ding Chapter 2.12.010 the Cupertino Municipal Code." "An Ordinaoce of the City of (Publication of Ordinances) of It was moved by Counc. Meyers, seconded by Counc. O'Keefe 83d passed unan imously to read Ordinance No. 907 by title only and the Mayor'a reading to constitute the first reading. 43. First reading of Ordinance No. 908: "An Ordinance of the City of Cupertino Amending Section 11.24.150 of the Cupertino Municipal Code, Relating to Stopping, Standing or Parking on P~blic Streets and Pro- viding for Signs Notifying the Public Thereof." It was moved by Counc. Meyers, seconded by Counc. Sparks and passed unan- imously to read Ordinance No. 908 by title only and the Kayor's reading to constitute the first reading. RESOLUTIONS 44. No. 4825: "A Resolution of the City Council of the City of Cuper.. tino of Intention to Approve an Amendment to Contract between the Board of Administration of the Public Employees' Retirement System and the City Council of the City of Cupertino." It was moved by Counc. Sparks, seconded by Counc. Meyers and passed unao- imously to adopt Resolution No. 4825. (a) Authorization to disburse monies being accrued in employees tru fund. It was moved by Counc. Sparks, seconded by Counc. Meyers and passed unan- imously to authorize the disbursement of monies being accrued in employee trust fund. ~TAFF REPORTS 45. Oral reports by staff members and submission of written reports. 1 CC-44 1 Peae 7 Ord. No. 903 eucted Second reading of Ord. No. 904 Ord. No. 904 enacted First reading of Ord. No. 907 First reading of Ord. No. 908 Res. No. 4825 ado¡>ted Monies to be disburse': I CÇ-441 .8 Council meetings to cormnence at 6:30 on trial basis. Historical preservation ordinance a Display of Baer tools Cable TV .er City Program ap- propr ia t ion Travel agency for City business Bus iness lic- ense fee waived Proposals for audits . . ',- ~, '", .,~ .~~, . ,,~,>~,... ~·'rr~B'~:: ....';¡""'~.;;-"'7"~~~~,~,~~~-:,:.~;,~',/f4~~!>~~>~:~ MINUTES OF THE NOVEMBER 20, 1978, CITY cOUNCIL MEETING 45. (a) Reque&t for reconsideration of lIIeeting times for the City Council. It was the consensus of the Council to implement on . trial bads the commencing of City Council meetings at 6:30 p.lII. for the express purpose of giving and receivina reports frOll staff snd Council members followed by the regularly scheduled meeting at 7:30 p.m. NON-AGENDA BUSINESS 46. Recognition by Kayor of special requests. (a) General Audience - None (b) City Council The staff was directed to review and aubmit a report on the feadibility of developing an historical preservation ordinance. The Parks and Recreation Commission wa& directed to give consideration toward the implementation of the dis~lay of the Baer blackslllith tools. The staff was directed to reactivate the Cable TV Users Collllllittee for the purpose of receiving and reviewing an expected report relative to cable TV in Cupertino. tt W3S moved by Counc. Meyers, seconued by Counc. Rogers and passed unan- imously with Councilmembers Jackson and O'Keefe abstaining to appropriate $1,000 from the General Fund for the Sister City Pro~ralll. The staff was advised to use its judgement as to which travel agency to use for City business. This followed the submissicn of a report on the results of a survey of local aaencies as to the cost and types of services that could be provided. It was moved by Counc. Meyers, seconded by Counc. Rogers and passed with Counc. O'Keefe abstaining to waive the usual business license fee for the ì~CA Christmas tree let. It was the consensus of the Council that the City accept a proposal from its current auditors, Peat, Marvick, Mitchell and Co. should that company wish to submit one for the 1978-79 audit. The City then will openly solicit proposals from all interested firms for the 1979-80 audit. ADJOURNMENT The Mayor adjourned the meeting at 11:45 p.m. to 6:30 p.m., December 4, 1978.