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CC 11-08-77 . ....,.,.~.,............~'..,.. "'~~"'>7'?'¡,""~r1':-"~··.·~i-'~~-'. , . -. C '4:".:'".- -~ . '. CITY OF CUPERTINO, STATE OF CALIFOIl1!lIA 10300 Torre Avenue, Cupertino, California 95014 Telephone: 252-4505 CC-389 Page 1 KDIUTES OF THE ADJOUJINED IllGULAI. MlErDIG OF THE CITY COUICIL HELD ON NOVEMBER 8, 1977. III 1'111 COOJICIL CIWIBD., em BALL aJPElltDlO, CALIFOII1!IIA SALUTE TO THE FLAG Kayor Pro Tempore ""l1is called the meeting to order at 7:35 p. a, in the Council Chamber of City Rall. ROLL CALL Counc. Present: Counc. Absent: Jackson, Meyers, Nellis, O'Keefe Kayor Frolich Staff Present: City Kansgcr Quinlan Deputy City Clerk Cornelius Director of Plann1ag and Development Slsk Director of Public Works Viskovich Assistant Planner Kramer City Attorney Adams . Santa Clara Valley Corridor Evaluation Mr. Don Skinner wss at the meeting representing ABAG, and the Santa Clar~ County Planning Commission representative was Mr. Don Weden. Planning Consultant Kramer requested Council reactions to the reco.....nda- tions in the County plan, and mentioned that the mos~ controversial issues geem to be air quality anrl compact development. At present, the area's air quality does not conform to Federal standards. Don Skinner, ABAG, said that environmental problems are not local and are beyond the scope of a dngle agency. Council r~ached a consensus that staff review the issue and aet down areas of conccrn in a document specifically pertaining to how the ABAG proposal will aff~ct Cupertino. Council will review the first dr~ft of ABAG's proposal in December, will hold a special meeting L~ ði~~~~s this item January 10, 1978. of this special meeting will be fcrwarded to ABAG. and Reaults Continuation of aKenda items from ÐeetinK of November 7, 1977 PLANNING APPLICATIONS 32. Application 25-U-77 of Hewlett-Packard: Use Permit to allow con- struction of Phase 2 and j of the Hewlett-Packard facility. Said phases involve three industrial buildings totaling approximately 467,640 sq. ft. Said property is located at the southeast corner of the intersection of Homestead Road and WOlfe Road. Recommended for approval. . ·~·"""'''--''':;~''''¡~'·;Cf'~~~''''''''---·-'!!'''~~"~''1\~~;;!:"':""'._~" _ ,._"\. " Ciìlli89 P.2 MINUTES OF THE NOYEMJ ER 8, 1977, CITY COUNCIL MEETING It was moved by Counc. Meyers, seconded by Counc. Jackson and passed unan- imously toy those preaent to approve the application in accordance with Planning eo.a1saioa Resolution No. 1757 as amended. 33. ADplir.at10n 15-'lK-77 of B.A.S. Homes, Inc.: Tentative Map to sub- dillde approxi..tely 10.6 acres into 25 single-faaily lots. Said property 18 located easterly of and adjacent to Reardon Drive at the northeast COrDer of the intersection of Beardon Drive and Greenleaf Drive in a P (planned Development) Zone. Rec~nded for approval. 34. Application 17-0-77 of B.A.S. Homes, Inc.: Use PerBit to allow construction of 25 single-family homes in a Planeed Development zone. Said property is located easterly of and adjacent to Beardon Drive at the northeast corner of the intersection of Beardon Drive &1d Greenleaf Drive in a P (Planned Development) zone. Recommended for approval. It was moved by Counc. Jackson, seconded by Counc. O'Keefe and passed unan- imously by those present that at the request of the applicant the items were continued to the next meeting. UNFINISHED BUSINESS . 36. Recommendation for denial for claim of Richard Gerard Gillis. It was moved by Counc. Meyers, seconded by Counc. Jackson and passed unan- imously by those present to deny the claim as recoaaende3 by staff. 37. Setting dates for interviewing Library Commission applicanta. Council requested that staff check the qualifications of the and by consensua set the interviews for 6:45 p. m., November before the regular meeting scheduled to begin at 7:30 p. m. notify applicants. applicants 21, 1977, Staff will NEW BUSINESS 38. Resolution No. 3873.20: "A Resolution of the City Council of the City of Cupertin~ Authorizing Execution of Agreement with California Water Service Company, Vallco Park Assessment District 1974-2." 39. Resolution No. 3873.21: "A Resolution of the City Council of the City of Cupertino Authorizing Execution of Agreement with Cupertino Sanitary District, Vallco Park Assessment District 1974-2." 40. Resolution No. 3873.22: "A Resolt:ticn of the City Council of the City of Cupertino Authorizing ~~ecutiQn of Agreemeut with Santa Clara Valley Water District, Val] co Park Assessment District 1974-2." . 41. Resolution No. 3873.23: "A Resolution of the City Council of the City of Cupertino Awarding Sale of Bonds Second Sale. Vallco Park Assess' ment District 1974-2." 42. Resolution No. 3873.24: "A Resclution of the City Council of the City of Cupertino of Award of '~ntrac~, Vallco Park Assessment District 1974-1 and 1974-2." '. ,,,,';/ .~~"'~ oct MINUTES 0' THE NOVEMBER 8, 1977, CITY e<>œICIL MEETING Resolution No. 3873.25: "A Resolution of the City Council of the Ci of Cupertino Accepting Grant Deed of Real Property for Stom Drain, Chatœel and aò Baa_nt for Stom Drainage £1"011 Vallco Park, Ltd., Locatai Between Stevens ereek Boulevard and Route 280 &~st of WOlfe Road." CC-389 Page 3 It was moved by Counc. Meyers, secoaded by Counc. Jackson and passed unan- imously by those preseo.t to adopt these resolutions. 43. Submission of claim by Hr, Steven Barr. The claim was referred to the Ci,ty Attorney for review ao recommended by staff. Hr. Barr was told t~at this item will be on the agenda for the November 21, 1977, City Council meeting. 44. Submission of bids and sward of contract for Corporation Yard Jevel ment, DPW-77-GI, EDA07-5l-21353. It was moved by Counc. Jackson, seconded by Counc. Meyers and passed unan- imously by those present to accept the stsff recommendation. 45. Recommendation for appointment of Sharon BlaIne to PPC. Sharon Blaine was appointed to the PPC by consensus of the Council. 4IÞ There was a short recess at this time. When the meeting reconvened, Counc. Nellis remained absent from the Council Chamber due to possible conflict of interest regarding the next item to be discussed. Counc. Meyers presided as Acting Kayor in her absence. 46. Request to initiate prezoning of a potential unincorporated island within Regnart Canyon. It was moved by Counc. Jackson, seconded by Counc. O'Keef~ and passed unan- imously by those present to adopt the staff recommendation. 47. Discussion of proposed procedures for processing claims against the City. It was moved by Counc. Jackson, seconded by Coune. O'Keefe and passed unan imocsly by those presenc to adopt the staff recommendation to continue Cbia to meeting of November 21, 1977. CITY CLERK'~ NOTE, Counc. Nellis returned to the Council Chamber and re- sumed the chair. 48. Proposed policy with respect to procedural aspects of addressing the City Council. . It was moved by Counc. Jacküon, seconded by Counc. O'Keefe and passed unan- imously by those present that the Council approve in concept the procedural aspects of Council ~etings and requested th~t staff prepare a draft of the actual information sheet that would be presented to the public and that the item be rescheduled at such time as the draft is ready. ¡JÒ~ MINUTES OF THE NOVEMBER 8, 1977, CITY C01JNCIL MEETING 49. Submission of claiø by Mrs. Linda Morriaon On behalf of her son. It vaa IIOVed by CoUDC. Jacuon, seconded by Counc, Meyers and passed lIDaQ- tmoualy to accept the 8taff reco.sendation to authorize payment of the clata. 50. Annual review of Urban Service Area. It was moved by Counc. Jacuon, secondEd by Counc. Heyen and pass..d w:!.th (",Ounc. Nellis abstaining that the Urb&n Service Area 'ø drswn to exclude those pürchases _de by Midpeninsu1a Regional Open Space District, but not to exclude those purchases by the County. Staff is to review feasibility with LAFCO if the fact that the City is not providing urban services to park is significant in respect to remaining in the Urban Service Area. 51. Report on traffic problems in Creston Drive area. A Creston Drive resident, Ed Wesler, requested s further pedestrisn study to be dOli" at the time kindergarten children sre going to and from school, and sugg"sted that "box dots" be installed st schoC'l crosgbg areas. Another Creston reaident, Carol Andrews, ststed that the childr~n do walk in the street and requested scme other solution to the problem rsth£r than warning signs and s shoulder stripe. Counc. Meyers pointed out that previous discussions with residents showed that they did not want sidewalks. . It was moved by Counc. Meyers, seconded by Coun~. Jackson and passed with Counc. O'Keefe dissenting to accept the recommendation included in the staff report with the addition of a stencil on the roaèway surface which would designate school crossing, and staff to report back with an in depth study of pedestr~an movements within six months. 52. Staff request for appropriation, Vallco Park AD 1974-2, inspection service. It was moved by Counc. Meyers, seconded by Counc. Jackson and ~'assed unan- imously by those present to accept the staff recommendation. 53. Adult crossing guards at McClellan Road east of Urange Avenue. It was moved by Counc. Meyers, seconded by Counc. O'Keefe and passed unan- imously by those present to aceept the staff recommeDdation. WRITTEN COMMUNICATIONS 5~. Councilman Geo. Scott, City of Avalon, inquiring about possibility of furnishing rp.st rooms for youth soccer programs on weekends. Council by consensus requ~3ted that staff confor with the 3chool district regarding the possibility of making rest room facilities available for weekend sporting events. . 55. Petition rubmitted by Jo Anne C. Springer relating to traftic problems on Santa T"r~sa Drive. A Traffic safety device Jas already been installed in the problem area. Petition su"-it:ed by JoAnne C. Springer was accepted and filed. -~~_.~ ...··-c"':,·" .."._.....~ " ,., , '",",,,,,",~"~!"i"',,,.,....,.,"'))Ii~W\, '( . .. '. KINUTES OF THE !f0VEKllD 8, 1977, CITY œ1JHCIL MEETING CC-389 Pap 5 56. Formal letter of resignation from Cupertino Library Commission by Nancy Bruno by reason of having been appointed to the Santa Clara County Library eom.1ssion. The letter vaa accep~ ·of. 57. Requesc for procl...tion of November 14-20, 1977, as Cancer Educatio Week and NoVUlber 17, 1977 38 the "Great American SIIIokaout". It vas ...eved by Counc. Meyers, seconded by Counc. O'Keefe and passed unan imously by those preaent to authorize the Ksyor to sign tÞe proclaaation. 58. Concerns of Cupertino Council of PTA oVer the matter of bicycle safe on Bubb Road. Staff informed Council that the Public Safety Commission at their ~~eting of November 10 will discus£ the matter of bicycle lanes on Bubb Road. Th item will be rescheduled for a Council Meeting after the Public Safety Comroission meeting. 59. Request from C. P. and Pauline Ammerman for action to alleviate nois from Freeway 280. . Council requested staff to send the Public Works report pertaining to this to the residents. GRDINANCES 60. Urgency Ordinance No. 829: "An Ordinance of the City of Cupertino Repealing Ordinance 81i and Amending Sections 1.12.010 and 1.12.020 of Chapter 1.12 of the Cupertino Municipal Code Relating to Infrac- tior.s to Include Violation of Condition lllp08Ú upon Any Permit as an Infraction and Declaring the Urgency Thereof." Counc. Meyers pointed out a typographical error in this Ordinance. Under Section 1.12.010, Item B.l, it should read, " a fine not to exceed $50." It was moved by Coune. Meyers, seconded by ~unc. Jackson and psssed unan imously by those present to read Ordinance No. 829 by title only and the Mayor's reading to constitute the second reading. It was moved òy Counc. Meyers, seconded by Counc. Jackson and passed unan imously by thoRe preseut to enact Ordinance No. 829. 61. Second reading of Ordinance No. 822: "An Ort'inance of the C .ty Coun cil of the City of Cupertino Amending Section 2.08.080 of th~ ~~per- tino Municipal Code Changing the Deadline for Submitting IteDLq co be Included on the Agenda for City Council Meetings." . It was h10ved by COUIIC. Jackson, seconded by Counc. Meyers and passed unan imously by those present to read Ordinance No. 822 by title cnly and the Mayor's reading to constitute the second reading. It was moved by Counc. Jacksob. seconded by Counc. Meyers and passed \man imously by t~ose presen~ to enact Ordin~uce No. 822. ",r- ~·~-~r"""'·'·{7'"':~~~,~~.'~:t~~~~?~\;"~'r~~P~t~i~."_'",.... r','-" . ,'. JY¡ ,-", " , ,":' ""~'';''-'''.'''',--;P'.(~~~f-''-·' CCn 389 06 KlNUTES OF THE NOVEMBER 8, 1977, CITY CODNCIL MBlTING 62. Second reacting of Ordinance No. 823: "An Ordinance of the City of Cupertino Amending Ordinance 10. 492 Regulating thl! Operation, 1II11e- tration, Licensing, Purchu1ng and Salling of Blcycles Within the City of Cupertino." It was 'loved b)' Counc. Meyers, seconded by Counc. Jscks"n and passed unan- iJlously by those present to read Ordinance No. 823 by title only and the lfayor's reading to constitute the second ru.ding. It was moved by Counc. Heyers, seconded by Counc. Jackson and passed unan- imously by those present to enact Ordinance No. 823. 63. Second reading of Ordinance No. 824: "An Ordinance of the City of Cupertino Amending Ordinance No. 533 Regulating Stopping, Stanðing or Parking on Pub~ic Streets, and Providing for Signs Notifying the Public Thereof, and Further Providing for Pen&lties for Violation Thereof." It was moved by Counc. Jackson, seconded by Counc. Meyers, and passed unan- imously by those present to read Ordinacce NG. 824 by title only and the Mayor's reading "~ constitute the second reading. . It was moved by Counc. Jackson, seconded by Counc. Meyers, and passed unan- imously by those present to enact Ordinance No. 824. 64. First reading of Ordinance No. 830: "An Ordinance of the City of Cupertino Amending Chapter 2.30 of the <.upenino Municipal Code to Empower the Code Enforcement Officer to Enforce Parking Regulations of the California 'lehicle Code." It was moved by Vounc. Meyers, seconded by Counc. Jackson and passed unan- imously by those present to read '~.\ Ordinance No. 830 by title only and the Mayor's reading ·"tèo constitute the first reading. 65. First reading of Ordinance No. 831: "An Ordinance of the City of Cupertino RegulÃ!ing Stopping, Standing or Parking on Private Streets, and Providing for Signs Notifying the Public Thereof, and Further Providing for Penalties for Viola~ion Thereof." It was I>oved by Counc. Jackson, s..conded by Counc. Meyers and paased unan- imously by those present to read Ordinance No. 831 by title only and the Hayer',. reading ~., CCIIUItitute.,tba;·firs~',reacU.ag. 66. First reading of Ordinance No. 828: Cupertino Amending Ordinance No. 490 Foothill Bculevard Situated Between Junipero Serra Freeway~" "An Or"inance of the City of Designating Speed L~ts on Stevens Creek Boulevard sad . It was moved by Counc. Jackson, seconded by Counc. Meyers and pasAed unan- imously by those present to read Ordinance No. 828 by title only and the Mayor's reading to constitute the first reading. 67. First reading of Ordina.,ce No. 832: "An Ordinance of the City of Cu?ertino Adding Chapter 10.10 to the Cupertino Municipal Code to Regulate Conduct in PubHc Buildings." . '. - "":~ ':"'-~"",~;l:'.l~'~.~;,,;-:,,~-,~,~r·;:y..m>'·,'!:.':'",,::;!,,~~'" ~,"'-'"'~7' ..' L, .":;-' !.~ ,o¡¡'" .. MlllUTES OF THE NùVE.4BER 8, 1977, CITY COUNCIL KEETING It was moved by Counc. Meyers, ~ecoDded by Counc. Jackson and passed unan- imously by those present to lead Ordinance No. 832 by title only and the Mayor's reading to constitute the first reading. 68. First reading of Ordinance 110, 833: "AD OrdinaD<:e of the City of Cupertinn, State of CaLifornia. Establishing ~uck Traffic Routes and Regulating the Operati.>f ..f Trucks." It was moved by Counc. Jackson, seconded by Counc. Meyers and passed unan- imously by those present to read Ord1naac~ No. 833 by title only and t~e Mayor's reading to c:on-.titute the first reading. Counc:. JackSOn expressed concern over L~e amount of truck traffic at Kar- lani and Blaney which is being genp.rated by Four Phase construction proces and requested that staff make them aware it is n~t a truck route. Counc. Meyers requested that staff standardize signs that are posted in- f~:~ing residents of the enforcement of the California Vehicle Code on private streets. RESOLUTIONS . 69. No.. 4596: "A Resolution of the Ci ty Council of the City of Cupertino Determining Chsrges and Regulatione for Candidates Requesting State- ment of Candidates or Other KRilLlgs in Connection with the c'eneral Municipal Election of Karch 7, 1'/78. n It was moved by Counc. Meyers, secC'!ldcd by C"unc. Jackson and passed unan- imously to adopt Resolution No. 4596. STAFF REPORTS 70. Status report as to County action ..n application of Kaiser Cement and Gy.. 'UI1I Corp. Ìor plant modernizat ion. . Counc. Nellis gave a brief re?ort regarding the County Planning Commiss~~n meeting she a-,tended as repruentative of the City of Cupertino. At that ~eeting the County decided to form a committee to re~iew Kaiser's use permit. Mrs. Steinberg, Chair.aan of the Board of Supervisors, will chair the selection co~itLee. Mrs. Steinberg, Couac. Nellis, Hr. Alexander (Cha'.;:man of tl>e County Planning CollllBission). a representative of the C,-unty Couns~l, Mr. Nick Szabc and a representative of Kaiser will meet to set the g.'ala of the co...ittee and make the selection of those who will s~rve on the committee. Tbe comÞittee app"inted will revi~ issues that have been raised regsrding Kaiser, and will explore the pos~ibility ~f adding conditiocs to Kaiser's existing use permit. dr. Nick Szabo informe the Council thst he _ill appeal the Cou~ty Planning Commission's decision and requested that lhe City join in the fil~ng of an appeal. Mr. Deutsch- man, KAiser Plant Manager, said !!r. Elmer Irwin will attend the meetinbs of the County cOÐ~ittee. City Attorney Adams informed those present that the period for filing an appeal is t.eD days. He chen cOIIIIDented concerning the col!t'1litte" that wc"ld be appointed. The cOllll:1lttee will find out the advcrse impacts of KAiser "n the environmen;: and the community. They woul report to fSAC which w~cld make a recommendation to the Planning Commis- sion which could then sa a publi:: hearing regarding the IROdification of th~ use per1!Út. :n order ~c i1llpo..e conditi"ns it would !>e necessøry to CC-389 .aae 7 CC-389 .8 . . ~ /"-"'. MINUTES OF THE NOVEMBER 8, 1977, CITY COUNCIL MEETInG show that Kaiser is a public nuisance. It was dete~ned that if an appeal is filed, the Board of Supervisors could overrule t~e Planning Commissioa and ask for an IlK. After discussion, it was _ved by Counc. Meyers, seconded by Counc. JacuOll and passed uaanillot.Iòly by those present that Council at this tillle not support the appeal of tbe categ.>dcal exeIIption decision made by the County :lIJ~ Colllltission. It was moved by Counc. Jackson, seconded by Counc. O'Keefe and passed with Counc. O'Keefe dissenting to go on record as being aware of the nppeal and express serious concerns that the 8Odernization solve all concerns of the City Council, the Planning Commission and the Board of Supervisors, and that the Board of Supervisors create an appropriate process by which there would be a thorough review of the validity of Kaiser's use permit and a study of the long range effe~ts of truck traffic. It was also decided that at the time of appeal, City Council will inform the County of the Breas of concern as previously raised. It was moved by Counc. O'Keefe, seconded by Counc. Meyers and passed unan- imously by those present thst Council feels that the meeting of the comœittee is inappropriate until the Board of Supervisors makes its recommendation. 72. Oral reports by staff members and submissIon of written report3. City Attorney Adams asked for direction from City Council regarding the summons on second amended complaint on behalf. of Oak Meadows Bomeowners Association. It was moved by Counc. Meyers, seconded by Counc. Jackson and passed unan- imously by those present that the City Attorney be authorized to take no action. Counc. Meyers requested that Item 2 in the staff report of the Director of Administrative Services (li6tifi~ of time estimates on agenda) be rescheduled. It was moved by Counc. Meyers, seco~ded by Counc. Jackson and passed unan- imously by those present to adjourn the meeting at midnight to 6:45 p. m.. November 21, 1977. ~ ~.,,~p