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CC 12-20-77 ~ . ".; ',,', 'r.,.,,' . CITY or œPERTI1IIO, STATZ OF CALIFORNIA 10300 Torre Avenue, Cupertino, Califurnia 95014 Telephone: 2S2-45Qj " HI1IUTES of;.'!u AD,JOUBJIED REGULAR Ml:BTœ or TBI CIft COOlfCIL IIEUI ON ~""""I 20, 1977, IN TIlE COOBCIL CBAKBD. CIft HALL CUPDTINO, CALllOlUlIA SALllTE TO TBB lW Mayor Frolich c~led the _etiag to order at 7:37 p. m. in th6 Council Chamber of City Ball, ROLL CALL Counc. Present: Jackson, Heyers, Nellis (7:39 p. m.), O'lteefe, Mayor Frol1ch Staff Present: City Maasger QuinJan D1rector of Administrative Services Ryder Director of Public Works Viskovich Director of Parks and Recreation Butler City Attorney Adame NEW BUSINESS 33. McClellan Ranch Park entrance and memorial sign. Mr. Perley Payne, a descendant of the McClellan family, presented to the City for its archives a reproduction of a photograph taken of Captain Stevens. It was explained that presumably this was the only photograph taken of Capt. Stevens and that Mr. Payne's grandmother had been instru- menta! in its accomplishment. Presentations - Barry Nakagawara, a~chitect; Irv Webster, Cupertino resi- dent and designer of the kiosk; Lonnie Toensfeldt, member of Parka and Recreation Commission; Joann Minnick, Chairwoman of the Parka and Recrea- tion Commission; Dallas Smith, representing 4-R and organic gardening interests; Mary Gonzalez, Stokes Avenue; Nancy Rertert, San Juan Road; Barbara Rogers. Chairwoman of the Public Safety Commission; O'Patti Brisco, Manta Vista It was moved by Counc. Nellis, seconded by Counc. O'Keefe and paBsed unan- imously to refer the master plan for development of McClellan Ranch Park to ene Parks and Recreation Commission for reconsideration of those items brought up by dIe City Council, but with th~ understanding that the kiosk design had been approved as recommended but excluding its siting and the ground cover on which it would be sitting. At the request of the City Attorney, the Mayor adjourned the meeting to an Executive Session to discuss matters of possible litigation during the recess period. The Mayor reconvened the Council in open session following the recess period. CC-394 Pap 1 Photo of Capt. Stevens pre- sented Master plan referred to P&R Comm. Executive Session Reconvened in· open òession CC-394 Page 2 . Claim t., be paid Staff recom- mendation :lcc::epted St aff to re- vie>w and re- port to Coune. pAc to be ke1l" aware of water problems Second read- ing of Ord. No. 840 Ord. No. g~û enacted , ';"'~'''''~'''~~::''''''~''~'''''r.~ m¡ . '",;''''' ...., .-.:,-. ",>.::" _......,..,~.;"~.~.~........,< MINUTES OF THE DECEHIIER 20, 1977, CITY COUNCIL HElTIIIG 30. Claim of William !f. Wilson. It was moved oy Counc, O'Keefe, aec011'td by Counc, Meyen .Dd p...84 unanimously that the claim be paid on receipt of the CIl.eOlUry re1utle form. 31. Report on Blaney Avenue traffic. It was moved by Counc. Jacks011, seconded by Counc. O'Eeafe and passed unan1m<;us1y to accept tho staff rec~ndation and to report back to the City Council in Pebruary on the status of this matter. 34. Co-..n1cat1on from Santa Clara County Board of Supervisors relating to sharing of local sales tax between cities and (;oun~y. The staff was instructed by the Mayor to review the various details and ramifications of this issue, to keep itself informed of the progress of discussion among other interested agencies and to ~port matters of interest to the City Council. WRITTEN COKMUNICATIONS 35. Santa Clara Valley Water Distri~t restating the reinforcing of a 25% reduction in water usage until water supply conditions improve. The report was accepted and filed with the consensus ~hat the general public is to be kept aware of the potential problems in the overuse of available water. vRDINANCES 36. Second reading of Ordinance No. 840: "An Ordinance of the City of Cupertino Amending Section 1 of Ordinance lio. 2 by l'rezoning Approximately 1.74 Acres from Santa Clara County Rl-8 Zone to City of Cupertino Rl-7.5 Zone; Located at the South.est Corner of the Intersection of Byrne Avenue and Old Stevens Creek Road." It was moved by Coun~. Jackson, seconded by COUtlC. Meyers and passed unanimo'Jsly to read Ordinance No. 840 by title only and the Kayor's reading to constitute the second reading. It was moved by Counc. Meyers, ~econded by Counc. Nellis and passed unanimously to enact Ordinance lie. 840. 37. Second reading of Ordinance No. 841: "An Ordinance of the City of Cupertino Amending Section 1 of Ordinance No. 2 by Rezoning Approximately 2.03 Acres from AI-43 Zone to P Zone; Located at 10710 North Blaney Avenue." ,:. ..,.;- .,~ ..\ " ':./ ~ .,~. 'f · MINUTES OF THE DECEHBER 20, 1977, CITY COOBCIL KD~mG It vas lDOVed by Counc. Jscuon, !;dcoaded. by Counc. Heyen aDd pa.sed. unan- imously to read Ordinance No. 841 by titl. 0111y and the Ikyor'. readinl to constitute the second ~¡adtal. It vas lIIOVed by Counc, Jackson, seconded by Couac. Rellis and pas.ed with Counc. O'Keefe dissenting to enact OrdiDßce No.' 841. 3g. Second reading of Ordinauce No. 839: "A..\ Ordinance of the City of Cupertino Ameading Section 1 of OrdiDaDce No. 2 by laaoning Approxi- mately .39 Acres froa OG Zone to P ZOIIe; Located Adjacent to and Northerly of Stevens Creek Boulevard Approximately 150 Pt. Easterly of the Intersecti011 of Stevens Creek Boulevard and No. De Anza J!oulevard." It was loved by Counc. Meyers, seconded by COIInc. Nellis and passed unan- imously to read Ordinance No. 839 by title only and the Kayor's reading to conatitute the second reading. · It was moved by Counc. Meyers, seconded by Coun,:. Nellia and passed unan- imously to enact Ordinance No. 839. 39. Second reading of Ordinance No. 836: "An Ordinance of the City of Cupertino Adding Chapter 10.82 to the Cupertino Kuaicipal Code, Re- lating to Licenses to Sell Concealed Weapons." It was moved by Counc. Nellis, seconded by Counc. Meyers and passed unan- imously to read Ordinance No. 836 by title only and the Mayor's reading to constitute the second reading. It was moved by Coonc. Nellis, seconded by Counc. Meyers and passed unan- imously to enact Ordinance No. 836. 40. Second reading of Ordinance 110. 844: "An Ordinance of the City of Cupertino Amending Ordinance No. 492 Regulating the Operation, Regis- tration, Licensing, PurchaRing and Selling of Bicycles Within the City of Cupertino." It was moved by Counc. Jackson, seconded by Counc. Nellis and p8lJsed unan- imously to read Ordinance No. 844 by title only and the Kayor's re!lding to constitute the second reading. CC-394 Paae 3 Secoad read- 1DI of Ord. No, 841 Ord. No. 841 enacted Second read- ing of Ord. No. 839 Ord. No. 839 enacted Second read- ing of Ord. No. 836 Ord. No. 836 enacted Seconti read- ing of Ord. No. 844 It was moved by Counc. Jackson, seconded by Counc. Heyerll and passed unan- Ord. No. 844 imously to enact Ordinsncç No. 844. enacted 41. Urgency Ordinance No. 853: "An Ordinance of the City of Cupertino Repealing Ordinance No's. 823 and 842, and Amending Ordinance No. 492 Reg~lating the Operation, Registration, Licensing, Purchasing and Selling of Bicycles Within the City of Cupertino, and Declaring Tn1s Ordinance to be an Urgency Measure." · I Jackson and passed unan-I Meyers and passed unan- I It was moved by Counc. Meyers, seconded by Counc. imously to read Ordinance No. 853 by title only. It was moved by Coonc. Nellis, seconded by Counc. imously to enact Ordinance No. 853. Reading of Ord. No. 853 Ord. No. 853 enacted -cC- 3 94 .e I, Reading of Ord. No. 854 Ord. No. 854 enacted First reading of Ord. No. 845 . First ceading of Ord. No. 846 Fi rs tread ing of Ord. No. i 847 First reading of Orà. No. 848 . ,'"¡:,":,.~~", ";""'~-~.' ~~;rif~',~. ~~~~~ c,' --'- ,~ ,'- -', ,~_. .' ,;,?,,, " ,', '1 "'. ~ c.!'":'.~_- : ·,+¡t,··, . " "',P " MINUTES 0' THE DBCIIBD. 20, 1977, CITY COUNCIL IIIITDIG 42. Urgency OrdinaJlce Ro. 854: "AD Ordinance of tile City of CuperUllo Repealial Ordin_ Ro's. 811 and 829 ød f'll,rAi'l' .Sect1ona 1.12,010 and 1,12.020 of Cbapter 1.12 of the Cupertiao HØücipalCode ..- latin, to IDfractiou to Include V101atiÒR of Conditf.OII r.poe" Upon Any petl8it as an Infraction, and Declarina the Urpllcy Thereof." It was moved by Couøc. Bellis, seconded by Couac. Heyen and passed unanimously to read Ordinance No. 854 by title only. It was 1IIOVed by CouDc. Meyers, seconded by Counc. Jackson and passed unanimously to enact Ordinance Ro. :!54. 43. First readiaa of Ordinance No. 845: "An Ordinance of the City of Cupertino Aaenðing Section 2.32.010 of the Cupertino Municipal Code by Establishing Qualifications for Appointmènt to the City Planning COIIIIiseion." It was moved by Counc. Jackson, seconded by Co...nc. Meyers and passed unanilDOusly to read Ordinance No. 845 by title only and the Mayor's reading to constitute the first reading. 44. First reading of Ordinance No. 846: "An Ordinance of the City of Cupertino Amendtag Section 2.36.010 of the Cupertino Municipal Code by Establishing Qualifications for Appointment to the City Park and Recreation CoIaission." It was IDOved by Co'·'c. Meyers, seconded by Counc. Jackson and ;>assed unaniJDoualy to read Ordinance No. 846 by title only and the Mayor's reading to constitute the first reading. 45. First reading of Ordinance No. 847: "An Ordinance of the City of Cupertino A_ding Section 2.44.040 of the Cupertino Municipal Code by Establishing Qualifications for Appointaent to the City Archi- tectural and Site Approval Committee and Adding Section 2.44.041 Providing for Term of Appointment Thereto." It was IDOv:!d by Counc. Nellis, seconded by Counc. Jackson and passed unanimously to read Ordinance No. 847 by title only and the Kayor's reading to constitute th~ first reading. 46. First reading of Ordinance No. 848: "An Ordinance of the City of Cupertino Amending Section 2.60.010 of the Cupertino Municipal Code by Establishing Qualifications ior Appointment to the City Public Safety Commission." It was moved by Counc. Jackson, seconded by Counc. Meyers and passed unanimously to read Ordinance No. 848 by title only and the Mayor's reading to constitute the first reading. 47. First reading of Ordinance No. 849: "An Ordinance of the City of Cupertino Amending Sect~on 2.68.010 of the Cupertino Municipal Code by Establishing Qualifications for Appointment to the Library Commission." . . . . . ,.,.,..~:",t~'-'I>,"~_'II",>.., ---~._~#>,..~ "~~~'.::'-"""~v.-",.""___"~ .....cT~,':'~~<:. . ",.. "l"<'_.'':'' MINUTES OF THE DECEMilER 20, 1977, CITY COUNCIL KEETING It was moved by Counc. Meyers, seconded by Counc. Nellis, and pas..d unan- imously to read Ordinance No. 849 by title only and tbe Mayor1s reading to constitute the first reading. 48. First reading of Ordinance No. 850: "An Ordinance of the City of Cupertino Amending Section 15.16.010 of the Cupertino Municipal Code by Establishing Qualifications for AppointE2nt to the City Water CollllDission." It WI13 moved by Counc. Jackson, seconded by Counc. Nellis and passed unan- imously to read Ordinance No. 850 by title only ond the Kayor'B reading to constitute the first reading. 49. F1:·st reading of Ordinance No. 855: "An Ordinance of the City of Cupertino Repealing Or~inance No. 822, and Amending Section 2.08.080 of the Cupertino Kunicipal Code Changing the Deadline for Submitting Items to be Included on the Agenda for City Council Meetings." It was moved by Counc. Nellis, secouded by Counc Meyers and passed unan- imously to resd Crdinance No. 855 by title only and the Kayor's reading to c0nstitute the first reading. 50. First reading of Ordinance No. 843: "An Ordinance of the City of Cupertino Regulating Stopping, Standing or Parking on Public Streets and Providing for Signs ~tifying the Public Thereof, and Further Providing for Penalties for Violation Thereof." It was moved by Counc. Jackson, seconded by Counc. Meyers and passed unan- imously to read Ordinance No. 843 by title only and the Mayor's reading to constitute tbe first reading. The City Attorney stated that Ordinance No. 844 which had been enacted was a duplication and recommended that the City Council rescind its prev- ious action. It was moved by COUDC. Jackson,seconded by Counc. O'Keefe and passed unan- imously to rescind enactment of Ordinance No. 844. RESOLUTIONS 51. No. 4619: "A Resolutl.>n of the City Council of the City 01 Cuper- tino Declaring Weeds Growing on C~rtain Described Property to be a Public Nuisance. It was moved by Counc. Nellis, seconded by Counc. O'Keefe and passeù unan- imously to adopt Resoluti~n No. 4619. 52. No. 4624: "A Resolution of the City Council of the City of pupertino Declaring its Intention to Change Street Name Within the City of Cupertino Pursuant to Section 5026 of the Streets and Highways Code, State of California, Fixing Time and Place for Hearing and Providing Notice Thereof; Change çanyon Vista Court to Canyon Vista Drive." ~,.,,-o.,._ ........~,__~.~...' .....~~.. _._..._..-'-.....~.__.._.. Co-394 Pa.. 5 lint re¡¡ding of Ord. No. 849 First reading of Ord. No. 850 First reading of Ord. No. 855 First reading of Ord. No. 843 Ord. No. 844 duplications Enactment of Ord. No. 844 rescinded Res. No. 4619 adopted '~':'-... '¡., '. -.......~- i;C- 394 .e 6 R'!f. No. 4624 adopted Res. No. 4625 adopt~d Fees to be reviewed Staff recom- mendation ap- proved Dát approve p"cation authoriz"!d Study of al- ternate route ':0 Kaiser; letter to he sent to LoaL'd of Supervisl')rs T~ for C il act! 011 to e deleted from agend.&.s .,......~·"&'''<~....'-,:::-1,~~...:..~,.~.;~,..,..-":.¿'''''?¥~.... '. ~^. . ",'. ." .~. ,,' ,It. ;~""'~'~~.i . "~"'; jOf MINUTES OF THB DBCEMBER 20, 1977, CITY COUNCIL HBETIHG It was ~.oved by Couac. Nellis, seconded by Coun~. O'Keefe and paslled unsnimously to adopt te.olution No, 4624. 53. No. 4625: "A "aolutioa of the City Council of the City of Cuper- tino Establishing the Rates of the Excise Tax on tbe Coastruct1on of Buildinge ar~ Mobile Bo.e Lots Imposed by Ordinance No. 603, the Construction Tax Ordinance of the City of Cupertinc, " It was moved by Counc. NeUis, seconded by Counc. O'Keefe and passed unanimously to adopt Resolution No. 4625. The stE.ff was inEeructed t" review the adequacy of the current fees being charged under the construction tax ordinance with relation to the increase in costs of con,truction since the ordinance was enacted. STAFF REPORTS 54. Ste·¡ens Creek Boulevard - left turn lit Vista. It was moved by Counc. O'Keefe, seconùed by Counc. Meyers and passed unanimously to approve the staff recommendation. 55. Application flaw chart and check ¡ist, It vas moved b¡ Counc. Jackson, seconded by Counc. Nellis and pasø~d unanimously to appc~ve the draft a~ submitted and to authorize .cò pabli- cation. NON-AGENDA BUSINESS 5'3. Recognition by Kayor of special :~"quests. (a) General Audience None (b) City CouncH The Mayor introduced the request made by the Chairman of the aoard of Supervisors that ~ member of the Cupertino City Council be appointed to serve o~ a committee to study the possibility of alternate route to the Kaiser-Permanente facility. Following discussion of this question, it was moved by Counc. Jackson, seconded by Counc. H~yers and passed with Counc. O'Keefe dissenting that the ~yor be instructeå to write a letter to the Board of Supervisors expr~ssing the Council's concern as to the effectiveness of such a committee and to request assurance by the Board of its reception to a resulting report with consideration being given to the implementation of r~commendations contained therein. Following discussion of the difficulties encountered in adhering to the 'ime elemen~ as shown on agenda for each it¿m. it was moved by Counc. O'Keefe, seconded by Counc. Nellis and passed unanimously that the staff delete n-ference to specific times for Council action on agenda itP.DIS in the future. .. If . . ..~ ..-<-.-........- """':'·-·-"':·""·"~-~!_?¡"i':~'~~'?,~~1f~_:,,\,.~i¡;._"'~.~"iF., '~'''l.~~~"r,~J;".,.,.~\:r"I~¡~.: KlllllnS OF THE t'E~vœER 20, 1977. CL'Y COUNCIL MEETING T~e Mayor adjourned the aeet1ag at 11,46 p. a. to 7:30 p. m., Janusr.y 3, 1978. ~, Cit)' lerk 0' , CC-394 P&ge 7 -. -;~:"'>- ',' ",,"-' ~'.j_~,. .:J;:..)_-:..,__...