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CC 02-22-78 '.'I'".~",~.:t.:.::.....o:,.~.,:;_~ ",.00.h·""-~""'.""."'\~~'1~1i"'i,P!'t :I!jI}~~f!'''''''- - ','.. ""'~''''-'''-' '":"','~, '~~,/' ': ,,'; " '''->1:,.. ."'" .,"-:- .,~,.,.",""i') . CITY OF CUPERTINO, STATE OF CALIFORNIA 10300 Torre Avenue, Cupertin~, California 95014 Telephone: l52-4505 MlliUTES OF THE ADJOUBIIED REGULA1l IŒBT1NG OF THE ctTY COUNCIL HELD ON FEBRUARY 22, 1978. tl THE COtJRCIL CIIAMIIER, CITY HALL CUPUTlIIO, CALlFOlUfiA SALUTE TO THE FLAG Mayor Pro-Telllpore Nellis called the meet1~g to order at 7:30 p. .., in the Council Chamber of City Hall. ROLL CALL Counc. Present: Counc. Absent: Meyers, Nellis, Jackson Frolich, û'Keefe (Counc. Frolich absent on City business) City Manager Quinlan Director of Administrative Services Ryder City Attorney Adams Assistant Planning Director Cowan Traffic Engineer Grigg Director of Parks and Recreation Butler HousIng Rehabilitation Counselor Hastings Director of Public Works Viskovich (8:40 p. m.) . ITEMS REMOVED FROM THE CONSENT CALENDAR Staff Present: 5. Application HC-5I,443.1 - San Jose Building Desig~, Inc. (Silver Oak West) requesting approval of âite, architecture, landscaping, and gradi~g for the construction of a combination residential and commer- cial development located at the northwest quadrant of the in~ersection of Stevens Creek Boulevard and Foothill Boulevard. Recommended for approval. Prps~ntation - hr. Ron P¿rcy, applicant It ~as moved by Counc. Jackson, seconded by Counc. Meyers and passed unan- imously with Counc. Frolich and Counc. O'Keefe absent to approve Applica- tion HC-51.443.1 pursuant to Architectural and Site Approval Committee Resolution 779 as amended t~ provide that the proposed brick wall on the western terminus not be required and that a wooden wall be substituted therefor unless found otherwise by staff for purposes of noise attenuation~ 7. Minutes of adjourned regular meeting of February 7. 1978. (CC-402) It was moved by Counc. Jackson. 8~conded by Counc. Meyers and passed unan- imously with Counc. Frolich and Counc. O'Keefe absent to approve the min- utes of the February 7, 1978 Council meeting as amended, which amendments were as follows: . Typographical errors on Pages 3 and 10. Clarifying punctuation on Page 8. CC-405 Page 1 iIc-5I,~43.1 approved as amended Feb. 7, 1978 minutes ap- proved as amended CC-40S P_ 2 Ordinance introduced Public hear- ing closed . First reading continued Attorney to attempt to have ready later in meeting Public hearing closed Tral'sfer of funding for Memorial Park from HCD funds . ." ·~··~<:"'>~';"'"~-1t"":"'Jfff7~~!~t.~-a",,~:, '-~J'''''_~[~Y-'\.~~;.:~ff~~~''~t'~''~r'~~'''~:':~.~~:::~;:,~...:~~~'~'1" MINUTES OF THE FEBRUARY 22, 1978, CITY COUNCIL IŒl!:TING Revision to Item 25 on Paae 10 to show that the common homeowners agreement shall be prepared by the applicant and reviewed and approved by the City ~ttorney. PUBLIC HEARtNGS 14. Proposed ordinance bannina smoking in certain places in Cupertino. (a) First readina of Ordinance If,). 861: "An Ordinance of the City of Cupertino ~ding Chapter 9 of the Cupertino Municipal Code by Adding Article to Regulate Smoking in Certain Puhlic Places." The ordinance was introduced by Counc. Jackson with the explanation that it was pp.tterned after the ~del ordinance distributed througn the Inter City Coun~ il. Presentations - Al Chappell, S. Blaney Ave.; Nadine Buckmiller, Oak Knoll Ct.; Harriet Brooks, representing GASP; Dave Savory, S. Blaney Ave.; Frank Mulkern, Homestead Rd.; Harold Johnson, Larry Way; Mary Smith, RoseblossOlll Dr. It was moved by Counc. Jackson, seconded by Counc. Meyers and passed unanimously with Counc. Frolich and COU3C. O'Keefe ab~ent to close the public hearir.g. It was ~ved by Counc. Jackson, seconded by Counc. Meyers and pa&sed unanimously wi.th Counc. Frolich and Counc. O'Keefe absent that the first reading of Ordinance No. 861 be continued to the next meeting to pet1mit a redrafting to conform to the format of the Cupertino Municipal Code. tt then was suggested by Mayor Nellis that the City Attorney attempt to have this prepared for first reading later in the meeting. 15. Proposed amendment to the Third Year Housing and Community Devel"p- ment Progra.~. It was moved ~y Counc. Meyers, seconded by Counc. Jackson and passed unanimously ~ith Counc. Frolich and Counc. O'Keefe absent to close the public hearing. It was moved by Counc. Meyers, seconded by Counc. Jacksun and passed unanimously with Counc. Frolich and Counc. O'Keefe absent to adopt the staff reco~endation for the transÍer of funding for Memorial Park of $65,000 in HCD funds to the senior citizens center and that the Housing and Community Development Program be amended accordingly. UNFINISHED BUSINESS 19. Claim for damages submitted by Robert B. Hill. Claim rejected It was moved by Counc. Meyets, seconded by Counc. Jackson and passed unanimously with Counc. FrolicG a~d Counc. O'Keefe absent to reject the claiu as recommended by the City Attorney. . · · · --, ·"",·--,,·'~r;¡~""~.":..7~::"~'?...A'~~'''. ", ,,"~~,,';<'" .7"r""-.,.r",;·~ ....~~"'j~~~;_~:". " MINUTES OF THE FEBRUAIlY 22, 1978, CtTY COUNCIL KEETtllG 20. Approval of Five-Year Capital t.prov8aents Program. It was moved by Counc. Meyer., .ecoDded by Counc. J.cuon and p....d UDall illlOusly with Couuc. Frolich and Counc. O'Keefe ab.ent to adopt the Five- Year Capital I~roveaeDt Budget as -.ended by the City Council in eerlier study sessions. NEW BUS INESS 21. Report on bid openings for high pressure sodium luminaires - Project 78-9, snd award of contract. It was moved by Counc. Meyers, seconded by Counc. Jackson and 9assed unan imously with Couoc. Frolich and Counc. O'Keefe absent to award the contra for high pressure sodi~ luminaires, Project 78-9, to Bayside Electrical Distributors for its bid of $4,823. 22. Report on bid openings for traffic signal controllers and cabinets, Project 78-8, and award of contract. It was moved by Counc. Meyers, seconded by Counc. Jackson aDd passed unan imously with Counc. Frolich and Counc. O'Keefe absent to award the con- tract for traffic signal controllers and cabinets, Project 78-8, to Multi- sonics for its bid of $45,836. 23. Request ~v Chamber of Commerce for $600 as partial reimbursement of expenses involving tlte Man and Woman of the Year Banquet. It was moved by Counc. Jackson, seconded by Counc. Meyers and p~ssed unan- imou~ly with Counc. Frolich and Counc. O'Keefe absent to approve the re- imbursement. 24. Claim for damages submitted by Diane Stoerger. It was moved by Counc. Jackson, seconded by Counc. Meyers and passed unan- imously with Counc. Frolich and Counc. O'Keefe ebsent to reject the claim es the location of the occurrence was not within the jurisdiction of Cup- ertino. 25. Claim for damages submitted by Dave E. Carter. It was moved by COUDC. JacKson, seconded by Coune. Meyers and passed unan- imously with Counc. Frolieh and Counc. O'Keefe absent to reject the claim on recommendation of the City Attorney. 26. Determination of funding for unemployment insurance requirements. I t was moved by Coune. Meyer!';, seconded by Counc. ,J;¡ckson hod passed unan- imously with Counc. Frolich and Counc. O'Keefe absent to adopt the staff recomwer.dation for the funding of unem~loyment insurance liability which were as follows: CC-405 Page 3 Five Year Capital 1111- pro.ruent Budlet adopted as amended Contract a- warded to Bays ide Elec- trical ":ontract a- warded to Kultisonics Reimbursement approved Claim re- jected Claim re- jected Staff recom- mendation adopted r.c~405 Page 4 R~"enda- t ions re funding of unemp 1 0)'1R n t insurance Unemployment insurance fund Cc&t of pr.sed floor plan approved Building sec- urity ord. to be devel- oped Amendment to traffic inten- sity perform- ance manual Purchase re.er or of auth- ',r_ ...,,',;,...-,..,.-.'. --".... MINUTES 0:' THE FEBR!JARY 22, 1978, CITY COURClL MEETING 1. Ele=t to reimburse the State direct for un.-p10,.eDt insurance benefits paid by thelll to fo~er .-p1oyees of tbe City where such benefits are charaeable to the City. 2. Creat" a separate Unemployment Insurance Fund with an initial contribution of $10,000 from the General Fund. This Fund will be self-administering similar to the Self-Insurance Fund for Wor~rs' COIIII''1Dsstion tnsurance. Revenues viII cOllie frOll premiUlll8 charged to operating departments and intcrest income. Expenditures will be the reimbursements made to the State. 3. With the creation of the Unemployment tnsurance Fund, authorize the illlposition of a premium rate of 0.8% of saIø.ry. This rate is to be reviewed ~nnually during preparation of the following years' proposed budget and adjusted accoroing to projected neeas. 4. Administration of the progralll to be by staff within the Department of Administrative Services (Personnel Office with Accountiag assist- ance) . Also include~ in the motion was authorization for the transfer of $10,000 frolll the General Fund surplus to a separate une&ployment insurance fund. 27. Approval of floor plan for Senior Citizens Center, It was moved by Counc, Jackson, seconded by Counc. Meyers and passed unanimously with Counc. Frolich and Counc. O'Keefe absent to app~ove the concept of the proposeù floor plan as presented. 28. Rc;uest fro~ Public Safety Commission for direction as to ?roposed building security ordinance. It was moved by COUDC. Jackson, seconded by Counc. Meyers and passed unanimously with Counc. Frolich and Counc. O'Keefe absent to direct the Public Safety Commission to develop a proposed building security ordinance as requested by that commission. 29. Recommendation of Planning Ccmmission concerning interpretatio~ of traffic intensity performance standard related to temporary outdoor seating for restaurant facility. It was moved by Counc. Meyers, seconded by Counc. Jackson, and passed unanimously with Counc. Frolich and Counc. O'Keefe absent to adopt the staff recommecdation for amending the traffic intensity perfor~nce standard policy manual as detai!ed in Attachment "A" of Pl:;nning Commisf,ion Reso1n- tiO!1 1807. 30. Authorization to purchase recorder for Council Chamber. It was moved by Counc. Meyers, seconded by Counc. Jackson and passed unanimou$ly with Coune. Frolich and Coune. O'Keefe absent to authorize purchase of the recording equipment as recoDlDended and to ap~r.·opriate $l,3b from the General Fund for this purpose. the -V· -c...' v.J"".,...,;._~,,~, ~. . . . "T""'-:' ~-:0~:"""~"""":","...,...m,-',_~,,,,,,,~~_~,~, ",, ~ ~, ',":, ;--, ~i¡:'~" MINUTES OF THE FEBRUARY 22, 197B, CITY COUNCIL MEETING WRITTEN COHMUNICATIONS 31. Transmittal of copy of cOlllplaint filed with reapect to the Kaiser- Permanente EIR decision. Continued to the next regular meeting of the Ci~y Council. Following the reading of amendments as drafted by the City Attorney for th ;>roposed Ordinance No. 861, it va. IIIOved by Counc. Jad".son, seconded by Counc. Meyers snd passed unanimously with Counc. Frolich and Counc. O'Keeí absent that Ordinance Ko. 861 be given its first reading as read by the City Attorney. 32. Request for stop sians on Bianey Avenue. A petition signed by residents in the vicinity of Blaney Avenue was sub- ~itted by Karen Boothroyd. Presentations - David Savory, S. Blaney Ave.; Phil Schmuck, S. Blan~y Ave. Al Chappell, S. Blaney Ave. the staff was directed to prepare an ordinance providing for the installa- tion of stop signs on Blaney Avenue and submit it to t:le Council at the ~ext regularly sch~duled meeting together with a status report on matters relating to this problem following lIIeetings with the representatives of the City of San Jose. The Mayor was authorized 1:0 write a lett9r to the Mayor of San Jose on the impact of this problem within the City of Cupertino and transmit there with a copy of the petition just received. The staff was directed to provide a duplicated lIIemorandüm of the staff's proposal for alleviating these traffic problelus to the petitioners for distribution to tho~e affected citizens in th~ area and to work with petitioners representatives by keeping them informed of the progress of efforts along these lines. The City Manager was instructed to do what could be done in obtaining in- creased traffic enforcement on Blaney Ave. ORDINANCES 33. Second reading of Ordinance No. 858: "An Ordinance of the City of Cupertino Ameoding Section 1 of Ordinance No. 2 by Rezoning and Prezoning 58.5 Acres from City of Cupertino Al-43 Zone and Santa Clara County RHS Zone to City of Cupertino Rl-80 Zone, 11.5 Acres from City of Cupertino Al-43 Zone to City of Cupertino Rl-120 Zone an~ 24.5 Acres from City of Cupertino Al-43 Zone and County of Santa Clara RHS Zone to City of Cupertino "A" Zone, Totaling Al'proxi- mately 94.5 Acres; Located o~ the Westerly Ridgeline of Regoart Can- yon with Access to be Gained Via the Southern Terminus of Regnart Road.lI ;;." CC-405 PAge 5 Continue.! First reading of Ord. No. 861 Petition sub- mitted Ord. to be prepared re ins talIation of stop signs Letter tú Mayor of San Jose Memo to be provided for distribution Increased traffic en- forcement , CC-405 .6 Continued Res. No. 46S9 adopted Selective curb cuts only LAIn School ca''''f',-al ap- provei with condit io.1s No business license r.~c- essary Counc. Jackson appointment Survey re c('nv~rsion of street lights . ... .'-''''"r:."!;'''':':''''''''-;~.' _ 'I"~,____::T'~""~.'-'è.' ~. . ~,..", ," ,".......1""'~·.~~·""'....':..: '-".'~"'~',7""""',: :~~;\~ "~!'~"'~'~'t,." . MINUTES OF THE FEBRUARY 22, 1978, CITY COUNCIL MEETING Continued to the next regularly scheduled lIIeeting to per~t a vote by those lllelllbers of the Council who were absent. RESOLUTIONS 34. No. 4659: "A Resulution of th,. City CouncH of tl:e City of C""er- tino Authorizing Execution of ~aretaker AgreellleDt for McClellan Ranch Park." It was lIIoved by Counc. Jlckson, seconded by Counc. Meyers and passed unanimously with Counc. Frolich and C<>unc. O'Keefe absent to approve Resolution No. 4659. STAFF REPORTS 35. Curb cuts for the handicapped. The staff was instructed that the City Council would no" wish curb cuts to be made throughout the City in deference to the probl~ that then would be illlposed on the blind as a result thereof, and to aUthorize the use of HCD fund.. fol. selective cuts as may be determined practical. 36. Oral reports by staff lIIembers and sublllission of written reports. It was moved by Counc. Jackson, seconded by Counc.. '.eyers and passed unan- imously with Counc. Frolich and Counc. O'Keefe absent to approve the request of the PTA of Lincoln Elementary School for the holding of au annual fund raising carnival on the school grounds the weekend of April 7-9, 1978, with the business license fee being waived and subject to the closure of the canlival at 10:00 p. m. with prior notification being given to residents in the immediate vicinity of the school, and the submission of a suitable insurance policy holding the City haL~ess from any liability. It was moved by Counc. Jackson, seconded by Counc. Meyers and passed un3nimously with Counr.. Frolich and Counc. O'KPefe absent th~t the staff write a letter to the Citizens Action League informing them that a business li~ense waiver was not necessary as the organizatio~ is exempt frolll such provisionF.~ The staff was requested to incluåe on the agenda ander Council Reports for Counc. Jackson his appointment to the League of California Cities CommitteE on Revenue and Ta~~tion. It was moved by Counc. Meyers, seconded by Counc. Jackson and passed unan~,¡¡"usly with Counc. Frolich and Counc. O'Keefe absent that the .:.ity of Cupertino was not interer.ted in participating in a survey for the possible conversion of street light~ng as proposed by the City of Sunnyvale as Cupe~~ino already was mak1n~ such a conversion. The Mayor adjour~"d the meeting at 10:52 p. m.