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CC 10-16-78 . . \ . . ,. . CITY OF CUPERTlIIO, STA!£ OF CALIFORNIA 10300 'rorre Avenue, Cupertino, California 95014 Telephone: 252-4505 KINUTES OF 'lBB RmULAa HlrrtlGJ)~ 'fill CITY COUHCIL HELD ON OC'lOBEIt 16, 1978, III till COURCIL arAMBEIt, CI~ HALL CUPnTIIIO, CALUOIIBIA SALUTE TO ',tiE FLAG Kayor Jackson called the lIIeeUng to orde= at 7:30 p.lII. in t'.e Council Chamber of City ~dl!. ROl.l. CALL Couoc. Present: Meyers, O'Keefe, Rogers, Sparks, Mayor Jackson Staff Prr.ent: City Manager Quinlan Director of Administrative Servi~es Ryder Directt'r of Public Works Viskovich Director of Planning and Development Sisk Director of Parks and Recreation Butler City Attorney Adams Deputy City Attorney Aiken Assistant Planner Kramer Housing Rehabilitation Counselor Hastings CONSENT CALENVAF. It was lIIoved by Counc. Meyers, seconded by Counc. Rogers and passed unan- imously to a~~cove all items on the ConHent Calendar but with the addition- al understanding that the approval of Item No. 5 is subject to receipt of a letter of credit from Vall co Park. 1. Resolution No. 4814: "A Resolution of the City Council of the City of Cupertino Allowing Certain Claims and Demands Payable in the A~t8 and from the Funds as Hereinafter Described for General and Miscel- laneous Expenditures for the Ten Day Period Ending October 9, 1978." 2. Resolution No. 4815: "A Re..olution of the City Council of the City of Cuperti~o Allowing Certain Claims and Demands Payable in the Amount and from the Funds as Hereinafter Described for Salaries and Wages for the Payroll Period E,'ding October 10, 1978." 3. Resolution No. 4304.32: "A Resolution of the City Council of the City of Cupertino Approving Contract Change Order No. 9 for North De Anza Bouleval d Assessment District Project 76-14." 4. Resolutlon No. 3873.37: "A Resolution of the Ci~y Council of the City of Cupertino Approving Contract Lbange Order No. 10 for Vallco Park Assessment District 1974-2." 5. ~esolution No. 4816: "A Resolution of the City Council of the City of Cur~rtino Authorizing Execution of Release of Vallco Park from Requiremc~t~ -:of Deferred A~t'eement.1I CC-438 pqe 1 Consent Cal. approved _. , CC-438 pe2 . Negative Dec. granted 24-TM-78 a.ved - "-·:C'._""'~· ~ ··~:"":··~.Iõ<!'~'~'-:"~~,:~r~,~~:'\~~..")"':~~:~~~~:(,..--~~~~~:"'~~;.-~~r>"·"-"·~··-',,,,··,· MINUTES OF THE OC'WBER 16, 1978, CITY COONClL MEETING 5. (a) Reao1ution Mo. 4820: "\ Reaolution of the City CouncU,.of the City of Cupertillo Autbor111a8 luçutiou of ReI.... of Valleo Park froa lequir_ta of Aare_t," . 6. Reeolution ¡'o. 4817: "A Resolution of the City Council of the City of CupertiDO Approv1!la Parcel Hap and IIIproveaent Plana of Property Located on Biotney Avenue South of Routa 280; Developer D , Il Aaaociatea; Authorizing Execution of IIIprov-.nt Aare_at; Authorizina Sip1Dg of Parcel Map and Improveaent Plaue." 7. Resolution No. 4818: "A Resolution of the City ~unci1 of the City of Cupertino Authorizing the Execution of a Grant Deed Granting to the Santa Clara Valley Water District a Portion of Calaoazaa Creek in the Vicinity of Tantau Avenue and Junipero Serra Freeway." 8. Acceptance of municipal improvements - Rancho Deep Cliff unit No.3, Tract 6096. 9. Authorization for call for bids - Stevens Canyon Storm Drain. 10. Minutes of adjou~ed regular meeting of September 29, 1978. (CC-436) 11. Minutes of regular meeting of October 2, 1978. (CC-437) Vote Members of the City Council AYES: NOES: AP.SENT: ABSTAIN: Meyers, O'Keefe, Rogers, Sparks, Jackson None None None ORAL COMMUHICATIO!I~ 12. None PLANNING APPLIfATIONS 14. AppJication 24-TH-78 of James C. Scott: Tentative Map to divide a 30,000 sq. ft. parcel (appr~xilllately .7 of an acre) into two par- cels consisting of approximately 11,000 sq. ft. and 19,000 sq. ft. each; and DIVIRONMENTAL REVIEW: The Planning Commission recommends the granting of a Negative Declaration. Said property is located on the east side of Scenic Boulevard approxilllatel¡ 200 ft. southerly of t~e intersection with Carmen Road. Recommended for approval. It was moved by Counc. Meyers, seconded by Counc. Rogers and passed unan- imously to grant a Negat ve Declaration. It was moved by Counc. Meyers, seconded by Counc. Rogers and passed und.n- imously to approve Application 24-TM-78 pursuant to Planning Commission Resolution No. 1893. · · · ~,......,.."..~ T·"",,~·"!'W-"I<1I!<,;~~mf.·<;,~. .... @!1. . If: ~. " .. ,,", </",.... ''j'::5":",,,,,,'',¥'.'''":f..,.,'~.; ':~ MINUTES OF THE OCTOBER 16, 1978, CITY COtJRcn. MEETtNG IS. Application 25-TM-78 of George S. Nolte and Aasociat.. (Maa.uru) I Tentative Map ~,,; '.\ivide a single parcel coll8iøting of appro illatel)' . 17.5 acres into three parce18; and ENVIIOIIIIHTAL IMIIl. 'lb. P1GaD1D eo.u.øion rae_cia the ariUltina of ÌI ....UVII DaelaraUOlI, Said property 18 '''~ated on the DDrthwest comer of Bubb !load and KcCle11a Road in an HI. (Light Industrial) zoning d1øtrict. Rec_ded for appr' val. It was IIIOved by Counc. Sparks, seconded by Counc. Meyers and pauad unan- imously to grant a Negative Declaration. H was moved by Counc. O'Keefe, sec(>nded by Counc. Sparks and passed unan- imously to approve Application 25-TK-78 pursuant to Planning ComÅ“1ssion Resolution No. 1894, with Condition No. 16 being 3IIIended so that the second sentence will read, "Said easements shall be approved by the City Attorney and recorded", and Condition No. 17 to be subject to review and approval by the City Attorney. PUBLIC HEARINGS 13. First public hearing to consider expenditure of RCD funds for 1979- 1982. Presentations - James W. SuJlivan, representing Legal Aid Services and Housing Action. It was moved by Counc. Rogers, seconded by Counc. Meyers and pass~d with Coune. O'Keefe dissenting to adopt the citizens participation plan as recommended. F····· , ".... .,'"',,," CC-438 Page 3 Nesative Dec. granted 25-TK-78 approved as amended Citizens par- ticipation plan It was moved by Counc. Sparks, s~ronded by Counc. O'Keefe and passed unan- Public hearing imously to close the public hearing. closed It was moved by Counc. O'Keefe, seconded by Counc. Meyers and passed unan- November 6 imously to schedule a new public hearing for November 6, 1978. nublic hearing ARCHITECTURAL AND SITE APP~QVAL Co.ß1ITTEE APPLICATIONS 16. None ITEMS REMOVED FROM CONSENT CALENDAR 17. None UNFINISHED BUSINESS 18. Revision of awa-d of contracts for the Senior Citizen Center. It was moved by Counc. Meyers, seconded by Counc. Sparks and passed unan- imously to correct the record for the contracts awarded for the Senior Citizens Center Project with Con~ract No.5 being for $49.726 and the architect's fee being $38,000. "_.' .~-,_.- '. . - .~_--..... -Y....,;,.................._~.., .,_i.':'~",," ,:..........'~"'.Ir. < ","" . Amouots corrected CC-43& P.4 Negative Dec. granted Nov. 6 public hearing date Claim denied Claim denied . Claim denied Amendment adopted Contract to Westt.'rn Trac- tion . Proposal re- ferred to staf C."-':'\'~"'''':~.~!:''~''.,:,",~~:-:v:-..~'\:~~~~~,~~''''.¡~~?,,'~''~~:'J'~:"-";._ "'I.,' (, MINUTES OF THE OCTOBER 16, 1978, CITY COUHCIL MEETING 19. AppUcati'd 17-U-78 of Robert Altevera UId c-pany (Houlihan'. Restaurant) - Planning CoaDiuion rec~ ..... the arant1ng of . I.a- ative Declaratioa. It was !lOved by Counc. Sparks, seconded by Counc. Meyers and peseed with Counc. O'Keefe dissenting to grant s Neaative Declaration for Application 17-U-78. 20. Setting date for public hearing on Blaney Avenue trsffic signs. It was moved by Counc. Sparks, seconded by Counc. O'Keefe and passed unanimously to schedule a public hearing for November 6, 1978 on the Blaney Avenue traffic sigos. 21. Clailll a~ainst government entity for alleged injuries sustained by Kevin Harkey. It was lIIoved by Counc. Meyers, seconded by Counc. O'Keefe and passed unan- imously to deny the claim as recommended by the City Attorney. 22. Claim for damaaes to 1974 Audi, filed by Dorotl~:;!, Cunningham. It was lIIoved by Counc. Meyers, seconded by Coun~. O'Keefe and passed unanimously to deny the claim as recommended by the City Attorney. 23. Claim for damages to automobile, filed by Paul De Martini. It was moved by Counc. Meyers, seconded by Counc. O'Keefe and passed unan- imously to deny the claim as recommended by the City Attorney. 24. Housing and Community Development - Amendments to Housing Rehabili- tation Progr..... It was moved by Counc. Meyers, seconded by Counc. Sparks and passed unan- imously to adopt the amendment as recommended by the staff and for the staff to investigate and implement if possible loans to be made for areas other than the target area. NEW BUSINESS 26. Report on bid opening for portable air compressor, DPW 79-2, and award of purchase. It was moved by Counc. Sparks, seconded by Counc. O'Keefe and passed unanimously to award the contract to Western Traction for its l~; bid of $9,3ì2 and to appropriate an additional $375 from the Vehicle Revolving Fund. 28. Letter from Civic Investments regarding a bulletin board to assist in sign ordinance implelllentation. It was moved by Counc. Meyers, seconded by Counc. Rogers and passed unan- imously to refer this proposal to the staff and the Architectural and Site Approval Committee for review. '" · . · · --'J"" .':"",'?""",-,.3; ....... -·~t""J'I~1!""'~~ÿ".,7'~" . ~ ., " .~', ,,^'f","', ';","." , ~.? ~'" ,!~' MINUTES OF THE OCTOBEll 16, 1978, CITY COUNCIL MEETING WRITTEN CCIIKUlIIlCATlotfS 29. Request frOll Portal PTA Executive Board to lUke the atop aign at Blaney and Forest pe~neut. The staff was directed to notify the Board of the November 6 public hearing relating to Blaney Avenue stop signs. ORDINANCES 30. Second reading of Ordinance No. 881: "An Ordinance of the City of Cupertino Amending Ordinance No. 002 by Establishing Regulations for Residen tial Hillside Development." It was moved by Counc. Meyers, sec~nded by Counc. Sparks and passed unanimously to read Ordi~ance No. 881 by title only and the MaY~T'S reading to constitute the second reading. It was moved by Counc. Meyers, seconded by Counc. Rogers and passed unan- imously to enact Ordinance No. 881. 31. Second reading "f Ordinance No. 902: "An Ordinance ;Jf the City of Cupertino Amending Section 1 of Ordinanee No.2 by Rezoning Approxi- mately One Acre from CG to P Zone, Located on the North Side of Stevens Creek Boulevard Approximately 100 Ft. Westerly of Vista Drive." It was mcved by Counc. Meyers, seconded by Counc. Rogers and passed unan- imously to read Ordinance No. 902 by title only and the Kayor's reading to constitute the second reading. >"¡:;'):' 'i' CC-438 Paae 5 Notification of hearing Second reading of Ord. No. 881 Ord. No. 81n enacted Second reading of Ord. No. 902 It was moved by Counc. Meyers, seconded by Counc. O'Keefe and passed unan Ord. No. 902 imous1y to enact Ordinance No. 902. enacted RESOLUTIONS 32. No. 4819: "A Resolution of the City Council of the City oi Cuper- tino Initiating Annexation Proceedings Pursuant to Section 35031 of the Government Code and Setting Time and Place for the Public Hearing of 'Permanente 78-8'." It was moved by Counc. Sparks, seconde~ hy Counc. O'Keefe and passed unan imously to adopt Reso1utioh No. 4819. STAFF REPORTS 33. Submission of annual Affirmative Action Report. The report was accepted and filed. _" o_~. _. _~,'~.._...... .J.._...__ Res. No. 4819 adopted Report ac- cepted . CC-4J8 P_ 6 No a ~tion . Appointlllents to Fire Dis- trict Board Estoppel lette to Vallco Noise pollu- tion problem refelred to Publ!. Safety Recommenda- tions of SPC"(,:- Í1~aiser C.ttee Crosswalks near Sunny View Manor Interviews for Public Safety Commission No aetion No discussion . "'~'¡'7.~'\'?';."-.". .,".'",.'" "", ....~"'.:"":i...,j!'';:"..~,._~...'7fìJ\'';'!~.~,. .'",~;rr.""~ ~"'''''T.~'''''' .~"'~ f,r,',"" ,. ....., ;'~;-, :>'~·"·"rf"ot'":.¡.~', . ,'J..'~'?'. Lì,~'''' >" ,.- ''-'" -- --, ',,' "<~, ' , KlNUTES OF 'lBB 0CI0IIER 16, 1978 cm COUNCIL MBBTIIIG 34. Report pertaining to J.etl:er frOll Cuperl:iDO Union School Diatrict relayin8 concerns of tt,ffic ....., conditions (Lincoln School). No action was taken by the Council .. the concerns expresaeð were within the jurisdiction of the City of SAn Jope. 35. Oral reports by staff _bers and sublll1ss10n of written reports. (a) The City Manager was requeated to determine a fLuel due date for recommended appo1ntlllents to the Central Fire District Board and if time was sufficient to sublllit possible names for consideration at the next Council meeting. (b) It was IIIOved by Counc. K..yers, seconded by Counc. Rogers and passed with Counc. Jackson dissenting to author1.¡:e the CHy Manager to sign and forward an estoppel letter as requested by Vallco Fashion Park. (c) It was IIIOved by Counc. Sparks, seconded by Counc. O'Keefe and passed unanilllOusly to refer to the Public Safety Commission the question of developing possible legislative action to combat and control at the local level noise pollution frolll vehicular traffic. (d) Staff was requested to agendize for the neit Council meeting the recommendations ~dopted by the Special Kaiser Committee with st&ff to plepare an analysis of Reco\1mendation No.2 and to notify the Board of Supervisors of this meeting with the request that the Board not take final action until after the C~ÿ~rtino City Council meeting. (e) The staff was requested to investigate and sublllit a report a. the next lIIeeting on crosswalks on Foothill Boui~vard for the elderly near Sunny View Manor. (f) It was the consensus of the Council that there be a meeting scheduled for 6:45 p.III., November 6, 1978, for the interviewing of can- didates for appointlllent to the Public Safety Commis~ion. UNFINISHED BUSINESS (continued) 25. Discussion and action regarding siting of .1ssisted housing. Following discussion of this matter, the Mayor ex~ressed the consensus of the Coun~il that no action was required or will be taken so as to pennie .Ò~ ord~rly processing of the pending application. CITY CLERK'S NOT~: Agenda Item No. 27, request from ~loyd Meyer to discuss use of CETA funr's and specific payments made to the City Attorney, was not brought up for discussion in that Mr. Meyer failed to appear at the meeting. The Mayor adjourr.ed the meeting at 9:55 p.m. to 6:45 p.m., November 6, 1978 in the Conference Room of the City Hall. c,,'~, "