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CC 10-17-77 , .' , . . I ..~' . -~·"i~"~~7'·?\~"?,f~~/~,;W;;,;,. ;":',\~; >~/; ." :;¡ CITY CF CUPERTINO, STATE OF CALIJPOIUiIA 10300 Torre Avenue, CUpertino, California 95014 Telephone: 252-4505 MINUTES OF TIll IU!GtJLA1 HEr:U.. OF THE cm COUNCIL HEJJ) ON OCTOBD 17. 1977, IN TIll COUIfCIL C'P"II1 ¡p, cm WoLf. CUPERTINO, CALIlPORNIA SALU1'E TO THE FLAG The Mayor called the mee~ing to order at 7:30 p. m. in the Council Chambe of City RAllo RCLL CALL Counc. Present: JacLson, !æ~rs, Nellis, O'Keefe, Mayor Froli~h Staff Present: City Manager Quinlan Director of Administrative Services Ryder Director of Planning and Development Sisk Director of Public Works Viskovich Director of Parks and Recreation Butler City Attorney Adams H~using Rehabilltacion Coordinator Hendee Icems 9, 14 and 15 were removed from the Consent Calen<l:;.. CONSENT CALENDAR It was moved by Counc. Nellis, SECOnded by Counc. Jackson and passed unan imously to approve the balance of the Consent Calendar. 1. Resolution No. 4574: "A Resolution of the City Council of the City of Cupertino Allowing Certain Claims and Demands Payable in the Amount ai1d from the Funds as Hereinafter Described for General and Miscellaneous Expenditures for the Seven Day Period Ending October 3, 1977.n 2. Resolution No. 4575: "A Resolution of the City Council of the City of Cupertino Allowing Certain Cla1as and Demands Payable in the Amount and from the Funds as Rereinafter Described for General and Miscellaneous Expenditures for the Seven Day Period Ending October 10, 1977.n 3. Resolution No. 4576: "A Resolutio~ of the City Council of the City of Cupertino Allowing Certain Claims and Demands Payable in the Amounts and from the Funds as Hereinafter Described for Salaries and Wages f"r the Pa¡roll Period Ending October 11, 1977." 4. Resolution No. 4579: "A Resolution of the City Council of the City of Cupertino Approving the Parcel Map of City Property Located on Mary Avenue and Authorizing the City Engineer to Sign the Parcel Map.. If --~~--,--~- ~___,_L ---......................~~".,.".._, CC-387 Pas_ 1 Ite1JlS removed from Con. Cal. . . . .. ~~~~~ ,~"'''~j~*:,,,;'''c.' ~ti ,.;, . .~, ... HI NUTES OF I>CTOBER 17, 1977, CITY I.'OUNCIL MUTING Presentations: Les Trubell, O'Patti Bri~o and Hazel Nell, Monta Vista residents. Staff vas requested to provide iDfClrMtion at tile aext p\lblic llear:l.ng on whether the County would a.s~ ..intaDaDCa respooaibility for a park .it in the Manta Vista area should auch e site be acquired with RCD funds. The Staff also was requested to devalop and submit at the next public hearing a proposed policy stat~t regarding eligibility for grants to private projects. It was moved by Counc. Meyers, seconded by ~unc. JIIe1lis and passed with Cc~~~. Jackson dissenting to revise and resubmit the application for the acquisition of additional hnd at Memorial Park. 18. Vacation of ~sement. Tract 5362, as per Resolution No. 4562 of September 19, 1977. (a) Resoluti~n No. 4580: "A Resolution of the City Council of the City of Cupertino Ordering Vacation of Public Ingress and Egress Easement, Retaining an Access Easl!lllent to Lot Z for City of Cupertino, Tract No. 5362: Pursuant to Section 50430 of the Government Code of the State of California." Presentations: Bob Hofstetter, McClellan Road; Jane Bluns, ~idgecrest: Joann Minnick, Parks and Recreation ~mmission It was moved by Coanc. Nellis, seconded by Counc. O'Keefe and passed unanimously to continue the public hearing to November 7, 1977 and to request the staff to obtain more information On the prop03ed deck around the histo~ical marker. 19. Application for Bingo Permit, Independent Order of Odd Pel lows. It wa~ moved by Counc. O'Keefe, seconded by Counc. Nellis and passed unan imously to close the public hearing. It was moved by Counc. Jackson, sec~nded by Counc. Nellis and passed unanimously to grant the bingo permit as requested subject to the satis- faction of building requirements as may be called for UDder the bingo ordinance. PLANNING APPLICATIONS 20. Application l7-TM-77 of The Koll Company (WTW, Inc.): Tentative M~p to divide 5.2 acres into three parcels. Said property is Located at the Routheast corner of the intersection of Alves D~ive and Bandley Drive. Recommended for approval. 21. Application 2o-TM-77 of The Koll Company (WTW, Inc.): Tentative Map to combine two parcels into one parcel. Said property is located at the northeast corner of the intersectiQn of Bandley Drive and Stevena Creek Boulevard. Recommended for approval. ::C-387 Pag. 3 Would County "Ûtain part if acquired: Policy state- ment re,:uest Application to be resub- llitted Pl.hlic hear- ing continued Public hear- ing closed Bingo permi t granted sub- ject to ordinance a87 Page 2 . . - . .., "~è;c~"'- >~"i ", ·-"\~~~~~~~~'"1~,-:ry::~'7:,~,":,,7'!"'~"~'P'~,:,i...r,:,"'·'·""'· "...,', . . :".. ;'}.,.' ".....,1 ~"" ,:','~. ~.~.,,¡.\ MINUTES OF THE OCTOBER 17, 1977, CITY COU!ICIL MlŒrING 5. Resolution No. 4578: "A RalOlutioD of the City Couacil of the City of Cupertino Acceptia¡ Grant of Bu_Dt for Ioadway Purposes fro. Wil11all It. Mas, Margaret Mas aDd Pb7l1h Cbatnutt Conaisting of Approximataly 0.061 Acres, Located Along Tula Lane." 6. ResoluU011 Bo. 4~81: "A "solution of the City Council of the City of ::upartino Approving Parcel Map of Property Located at the North- wen Corner of McClellan Road aDd Bubb Road; Developer, Klasurex Corporation; Authorizing ExeCUti011 of Tmprov_t Agreement; Auth- orizing Signing of Parcel Map. II 7. Resolut ion Bo. 4582: "A Resolution of the City Council of the City of Cupertino Accepting Grant of Easement for Roadway PurpOSed frOlll Henry Lozano and Dorothy Lozano Consisting of Approximately 0.061 Acres, Located Along Tula Lane." 8. Resolutioa No. 4583: "A Resolution of the City Counc.ll of the City of Cupertino Accepting Grant of Easement for Roadway Purposes from Harvey Wm. Buff and Ruth Willard Ruff Consisting of Approximately 0.061 Acres, Located Along Tula Lane." 10. Application BC-51,444.1 - Green Leaf Gardening re~.esting approval of exception to Section 5.04 of Ordinance 746 to permit installation of an off-site directional siga. Said property is located on the north side of Stevens Creek Boulevard, west of Southern Pacific Railroad right cf ""y. Recommended for appruval. 11. Application RC-51,422.1 - MPy Investment CompahY requesting approval cf site, architecture, lacdscaping and grading for construction of four duplexes located On the north side of Walnut Clrrle Nortr. Recommended for approval. 12. Waiver of business license fee for Camp Fire, Inc. for candy sale in November and Ikcember, 1977. 13. Waiver of business license fee for annual "Trick or Treat UNICEF" from October 24 through November 1, 1977. Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: .Jackson, Meyers, Nellis, O'Keefe. Frolich Non.. None None ORAL COMMUNICATIONS 16. None PUBLIC HEARINGS 17. Housing and ~Q~i~y Development Act funding. (continued from meeting of October 3, 1977) C.7 Page 4 17-'lM-77 approved 2G-'lM-77 approved 24-'lM-77 approved . Res. No. 4577 adopted Minutes approved as amended Minutes approved as amended . :-:'-'':'''''-~!''1~""ÿ,'''~'''':!~I'~''~\~~1~~~iF''''~~'~'''+'p~",~,?:"·,·...,~\~~:--'~'1:,~'1";'~...;~-<Ao¡-"?f:F" KINUTES OF THE OCTOBER 17. 1977, CITY oomtCIL HEETING It was moved by Couac. Heyen, .ecooded by Counc, Jackson aDd r-.Hd unan- imouF.ly to approve Application 17-TH-77 pursuant to Plaoning Comai.siou Resolution No. 1750. It was lIOVed by Counc. Heyers. seconded by Couac. Jackson and passed unan- imously to approve Applic6:ion ZG-TM-77 pursuant to PlanniRg Commia.ion Resolution No. ns!. 22. Application 24-TM-77 of Hark ThoMa & Co., Inc. (Sunny View Lutheran Hollie): Tentative Hap to adjust lot lines involving tt-.ree parcels and t~ consolidate two of said parcels into a single parcel. Said property is 10ClJted easterly of and adjacent to Foothill Boulevard approximat~ly 100 ft, northerly of the intersection of Cupertino Road and Foothill Boulevard. Recoœaecded for approval. It was moved by Counc. Nellis, seconded by Counc. Meyers and passed unan- imously to approve Application 24-TM-77 pursuant to Planning Comadssion Resolution No. 1754. ITEMS REMOVED FROM CONSENT CALENDAR 23. 9. Resolution No. 4577: "A Resolution of the City Council of the City of Cupertino Selecting Contractor for Traffic Reduction Services and Auth<>rizing Contract Therewith." It was moved by Counc. Meyers. second..d by Counc. Jae:ltson and passed unan- imously to adopt Resolutinn No. 4577. 14. Minutes of Joint City Council/Board of Supervisors meeting of October 3, 1977. (CC-384A) It was moved by Counc. Jackson, seconded by r.ounc. Nellis and passed unan- imously that the minutes be approved as amended. The amendlllents were as follows: Those attending from the County Board of Supervisore should have included Bill Siegel, County Executive, and not Dominic L. Cortese. Under City of Cupertino, Staff Present, "Director of Public Works Siskn should be changed to "Director of Public Works Viskovich". Under Press, ''Maureen Mathews" should be ch&nged to "Maureen Y.ackey". 15. Minutes of regular meeting of October 3, 1977. (CC-385) It was moved by Counc. Jackson, seconded by Counc. Meyers and passed unan- imously to approve the minutes as alllended. The amendment is as follows: Page 7, Item 31, second paragraph, "January 2(1" should be changed to "January 30". UNFUlISHED BUSINESS 24. Claim for damages, Pacific Telephone and Telegraph Company. . . . '--"""Y-''--'''''¡'';'~'''''~~~~~~~ . - ,.:"'~. '..> ::.,-,:.,.-,.. '~.""'.-."".' -":f.,'V.,:, . MINUTES OF THE OCTOBER 17, 1971, CITY COUNCIL !uu!.UMi It was move:! by Counc. Mayers, sECOnded by C~UIIC. Jackson aad passed una iIIIously to deny tbe cla1Jl. C.,..387 hS- S C1ø1II denied 25. Claim for personal inJuries, RaymoncJ B. Dart.. It was moved by Counc. Jacu<ln, secoaded by CoUll<:. O'Keefe and passed una Claim denied iIIIously to deny the cla1Jl. NEW BUSINESS 26. Homestead Road bike lanes. I~ was the consensus of the Council to approve the "ClUcept as presented for the Homestead Road bike lanes, and the staff was instructed to com- mence appropriate action for their inatallation. 27. Request for clarification ~f City Council's interpretation of Sec- tion 7.03, Sign Ordinance 746, and recommendation re fence structure for proposed skateboard park at Ho....stead Road and Stelling Road. It was moved by Counc. Meyers, seconded by Counc. Nellis and passed unan- imously that the staff relay to the Ar"t....te-,tural and Site Approval Co_ mittee the reasons for Council action in approving the GPI sign ,;hich designated separate entities and not specifi~ products or services. The staff also ~~s requested to bring before the City Council the application for s!gning submitted by the Spi~~in' Wheels Skatepark. 28. Request for appropriation for bike lanes on Steve~s Creek Boul2Vard. (a) First reading of Ordinance No. 823: "An Ordinance of t.he City of Cupertino Amending Ordinance No. 492 Regulating the Opera- tion, Registration, Licensing, Purchasing and Selling of Bicycles Within the City of Cupertino." It was !!lOved by Counc. Jackson, seconded by Counc. Meyers and passe~ unan imously to approve the recOllllllendation to establish Stevens Creek Boule- vard and Tantau Avenue as bike lanes. Bike lanes approved Reasons for Council "p- proval of sign Bike lanes "stablished It was moved by Counc. Meyers, seconded by Counc. Jackson and passed unan- $2,000 appro- lmously to appropriate $2,000 from the Gas· Tax funds for implementation priated of the project. It was moved by Counc. Meyers, seconded by Counc. Jackson and passed unan imously that Ordinance No. 823 be read by title only and the Mayor's reading to constitute the first reading. WRITTEN C~MMUNICATIONS . 29. None ORDINANCES 30. Second r.eading of Ordinance No. 818: "An Ordinance of the City Council of the City of Cupertino Amending Section 3.24.070 and Section 3.24.080 of the Cupertino Municipal Code Increasing to $5,000 as Amount Requiring Forul Bidding Procedures for Purchasing of Materials, Supplill8, Bquipaent or Service.." First read- ing of Ord. No. 823 , :C. )age 6 Secor-d re.1d- ing of Ord. No. 818 Ord. No. 818 enacted Second read- ing of Ord. No. 819 Ord. No. 819 enac: ted . Second rea¿- ing of Ord. No. 820 Ord. No. 820 enac ted First read- ing of Ord. No. 822 First read- !.::&. of Ord. ..824 ~"'''>. .' ,"d",." ,.,,.___._~~ ~. ~~"_"_' , :- ,:.'~,a'i~;"'\:''\"':\f", -f, '~"~~"" ' ~" ",.._~'" . '." '),'~ ',.'- ',,' ,., '-':.' "';·:i~,')j'~"/.;·"!^~'" MINUTES OF THE OCTOBER 17, 1977, CITY COUNCIL H1ŒI'DG It was IDOVed by Coune. Jackson, a~onded by Couac. lleyen snd passed unan- imously to read Ord1naDce No. 818 by title only aDd the Hayor's reading to constitute the second reading, It was 1IIOved by Counc. Jackson, seconded by CouDc. H&yers and passed unan- imously to enact Ordinance No. 818. 31. Se<:ond reading of Ordinance No. 819: "AD Ordinance of the City of Cupertino Aaending Section 1 of Ordinance No. 2 by Rezoning Approxi- mately .405 Acres fro. CG Zone to P Zone; Located Southerly of and Adjacent to Stevens Creek Boulevard Approxt.&tely 116 Feet Easterly of Blaney Ayenue." It was IDOved by Counc. Meyers, seconded by Counc. O'Keefe and passed ullAn- imously to read Ordinance No. 819 by title only and the Mayor's reading to constitute the second reading. It was IDOved by Counc. Meyers, seconded by Counc. Jackson and passed unan- imously to enact Ordinan:e No. 819. 32. Second reading of Ordinance No. 820: "AD Ordinance of the City of Cupertino Amending Section 1 of Ordtnance No. 2 by Pre zoning A,proxi- mately 3.29 Acres froM Santa Clara County A Zone to City of Cupertino Rl-100 Zc~e; Located at the Western Terminus of Lindy Lane." It was moved by Counc. Meyers, seconded by Counc. Jackson and passed unan- imously to read Ordinance No. 820 by title only and the Mayor's reading to constitute the second reading. It was movoòd by (;ounc. Meyers, seconded by Counc. Ja'Okson and passed unan- imously to enact Ordinance No. 820. 33. First reading of Ordinance No. 822: "AD Ordinance of the City Coul1c:!.1 of the City of Cupertino Amending Section 2.08.080 of the Cupertino Municipal Code Changing the Deadline for Submitting Items to be In- cluded on the Agenda for City Council Meetings." It was moved by Counc. Jacks?n, seconded by ::Ounc. Meyers and passed unan- imously to read Ordinance No. 822 by title only and the K&yor's reading to constitute the first reading. 34. First reading of Ordinance No. 824: "An Ordinance 00 the City of Cupertino Amending Ordinance No. 533 Regulating Stopping, Standing or Parking on Public Streets, aud Providing for Signs Notifyiug the Public Thereof, and Further Providing fc,r Penalties for Violation '¡hereof." It was m?ved by Counc. Nellis, seconded by Counc. O'Keefe and passed unan- imously to read Ordinance No. 824 by title only and the Mayor's reading to constitute the first reading. RESOLUTIONS 35. None · · · --:""'-""""'~1',:>~,,'t;,;'~''''"1'''fi "'f:?'):""~~~"""- ~... ~"r4~.,~.-,. -"~, '.- .." ., '-¡'''''-, .". ",','- '.,- ,.,.;'-~~~~'" ",..,.:rt.>:T.,'¡r~ .·,~..:'<,y,.F.'''',.~,.·, '. '.,' -:', ',' :""::'-""~.',". ...;·,_·",...·,:¡-.,~:'·~,;:1.';·r.,'ò.. ',',.. ··..,,}:t,,:} HlNUTFS OF THE OCTOBD 17, 1977, CITY COUNCIL rmulllG STAFF REPORTS 36. Report frOll Cit)' AttorD4Y per".f"f". to City'. position aIIII tepl aspects of 1Ca1ør-PeruDeDte cOlNersiOD app11.clltiaD. The report from the City Attorney __ accepted aDd filed. 37. Report giving list of eaviroaøeatal conc.rns during and after Kaiser-Permanente conversion, The staff was requested to add under Ita C3 of the Planning Director' ¡,) report of October IS, 1977, the issue of proposals and probl~ associ- ated with site rehabilitation. It was the consensus of tbe Council that the Director of Planning's re- port dated October 14, 1977 be iorwarded to the County Planning Commis- sion prior to its next me~ting together with the previously Issued letter to the County Architectural and Site Approval eo..itte~ signed by the Mayor with a reference being made to the City Attorney's opinion having been provided by the CouLty Counsel. Counc. Nellis and a member of the Planning staff ar~ to represent the City Defore tbe County Planning Commission on this matter. 38. Report regarding joint City/County Inspiration Heights study. It was moved hy Counc. Meyers, seconded by Counc. Jackson and paBsed with Ccun". O'Keefe dissenting to accept the staff report and recOlt'llenda- tion ..hich indudes tbe City Council's willingness to consider a GE.neral Plan amendment that may include lessening of tbe density restrkti011 if property owners indicated willingness to develop a cooperative plaL to solve the land use problems. 39. Report regarding progress on public agency acquisition of Voss Ave- nue Pond. It was moved b) Counc. Jackson, seconded by Counc. O'Keefe and passed una imously to approve the concept of placing a caretaker residence on the property. Individual expressioas by each ......ber of the City Council were made to commend Mrs. Nancy Rertert for her effor~s toward the public agency acquisition of the Voss Avenue Pond. 40. Oral reports by staff members and submission of written reports. (a) West Valley Fire Servir.e Study as suba{tted by the City Kanager in his report fOl the October 3, 1977 meeting of the City Council. It was moved by Counc. M<.yers, seconded by (',oUDC. Jackson and passed unan imously to direct the JPA committee member to e;pr~ss the City's willing- neSb and favor of appointing a consultant to study this issue. CC-387 Psae 7 Report filed Site rehabil- itation Planning re- port to be sent to County; City raps will be at Comn. meeting Staff report accepted; Council will consider General Plan amendment Caretaker residence Mrs. Hertert comnended City agrees to appointing consultan t . c.; Page 8 Cupertino willing to discuss issues with San Jose No change in policy . Claim re- ferred to attorney Attempt to have owners quitc la im easements Mts. Bruno member of County Library Comm Develope:r's application modified . --- ,-, ":'~ ,'.' --"'''''"C.~. - ·~""'iff~'>'i~/~;".~~..~:~~~,~...~.~1t"~'·'·1'\"i(~:~A: ~'71:':t¡"::~~~~':1.?~~' MINUTES OF THE OCTOBER 17, 1977, CITY CO\J1ICIL MBlTING 40. (b) Review of tbe Proposed Providing of Paraedic Service No acticn was taken. (c) Proposed Boundary Transfer betwen San Jose and Cupsrtino It. was moved by Counc. Mayers, seconded by Counc, Jackson and passed unan- imously to instruct tbe City Manager to write the City of San Jose conveying Cupertino's willingness to discuss the issues involved and to determine if there was interest on the part of San Jose to enter into such discussions. It was determined that preliminary deteraination of interest would be at the st2ff level first which then could be followed by a joint meeting of the æpective City Councils, preferably being held at Cupertino. (d) Bank..' Acceptances and Treasury Investment Policies It was the c:>nsensU8 of the C:>uncil that there should be nO change in policy at this time to permit investments being made and bankers' acceptances. The requirement for collateralization of public monies being invested was considered to be of mare importance than the potential higher yields as pro- vided bv bankers' acceptances. (e) Claim for Personal Injuries and Property Damage by Richard Gerard Gillis. It was moved by Counc. Nellis, seconded by Counc. Jackson and passed unan- imously to refer the claim to the City Attorney for recommendation. (I) Communication from Clarence E. Flick Relating to Resolution No. 4551. It was moved by Counc. Meyers, seconded by Counr.. Nellis and passed unan- imously that the City provide its good offices in an attempt to have the dLveloper and other owners of rights of access to quitclaim their Tula Lane easements in favor of the property owners being affected adversely from the use of such easements. (g) Library Commission Vacancy It was report.ed that Mrs. Nancy Bruno had resf.gned from the Cupert1.no Library Commission due to her having been appointed to the County Library Commission. A date of November 7, 1977 was established as the deadline for accepting applications for the vacancy. (h) Fencing for Spinnin' Wheels Skatepark There was consensus approval uf the Director of Planning's report that the developer had modified his application to provide for an open chain link fence. NON-AGENDA BUSINESS 41. Recognition by Mayor of special requests (a) General Audience - None , · · · "' .'..'..J,.,. MINUTES OF THE OCT08E1l. 17, 1977, CITY COURCIL KEBTING 41. (b) City Couucll (1) The staff ws requastsd to iDquU:. if it W8s feasible for" the City to speed up coutruct1on of tba proposed SOUDd"" wall along Freeway 280 in the vicinity of Larry Way aM Randy Lane and to deteZ1lioe if there wre other sress in the City subject to the construction of sound walls on freeways by the State at its expense. (2~ It vas moved by CoUDC. Jackson, seconded by CoI11lC. M~ers and passed uuan1llou8ly to request the City Manager to in- quire as to ths availability of suitable facilities at De Anza for the first Thursday in March, 19711, and if so to submit an invitation to the ICC for the h 1.fing of its annual spring conference in Cupertino. (3) The Mayor designated Counc, O'Keefe as being responsible for the selection of a local United Nations Day chairman. The meeting vas adjourned at 10:48 p. m. , CC-387 Page 9 Conatruction of sound valls near freeways Invitation to ICC to hold spring con- ference in Cupertino Selection of UN Day clUlln.