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CC 08-03-70 CD'I 01 CUPEIlYLW, State of Califcmaia ~ Torre Avexe, Cupertiao, California ""-: 2S2-4SO> .....,-.rES OF nŒ REGULAR III:&.I~ OF THE CIn COUNCIL HELD AUGUST 3, 1970 IN THE COCBCD. CBAHBEIl, em BALL, CUPElTDIO, ,..11 I 'OllIlA .. ...Una vas called to order u ':02 p,., in the COUDc11 o---~ of ... City Hall aM ~yor Stoke. led die a.._blage iD a flal aaluta, ..n Call c; 1l1D11D in attendance: ritzaeraleS, rroUch, Creea, 3oal, MoJor StoJre., Also r:esent: ActiD4 City Jfana.er Ryder, CSty Atcorraey A a_Taoa, Dir~:::r of Public ~rkl Yarborough, P¡~nDiua Director Sisk, Ck1ef Buildin¡ ::spector Benev1ch. P.~ka and Recr~atfon Diractor Parhaa, ~~C_t Plan::ot: CO"'3;1 and lecor~1D¡ Secretary ."h1te, ~tes of Pre~~:~s ~eetiDR. n _. moved ~:: =:~cU..n rroUcb, seconded by ~.:'Wlcll..a r1Ulerald aDd passed un.:::~·~sly that t!w =c.:utes of Jul)' :: and July 27 be .pproved as s~~;::ed, subject :0 the correction 0: a tYPOar.phi~al error on tbe :~:: :7 miaute., k _. Curther s..-d by Co:=c:lls.a: :;r..n, .econèe~ by CouncUun rroUch aDd pa.sed u~:::~usly that the a1:Nta. of July:, be .Ipproved .IS aub- flUted, ~t ten Coaœu:i,:,¡t fODs -55 rol.1 c.ll i !.iautu !.pproved JcCiDI City Ma:¿,er Rydar introduced a letter received frea the C. s. Department of C;_rce. Bureau of CeDau.. nquelt1nl that the Cit)· of cenaua Capercino cooFer~te with tbea 1: . follovup count in the City of Cupertiaolfollo~p of _y persons vbo might have been =1..ed in the fint count. the toras I' w11J. be .v.lla~:e to the public at the City HaH. lirA ltJdar alSQ received a written COWIUD1cation fro. Hr. Iobert Deapsur . -'1,--1111, the ':e:Úal by tha Pa=1D¡ Co_ission of Applic.tions 11-Z-70 ¡appeal ... 12-U-70. Also received too ute for inclusion ou the a.anet. _s 11-%-70 · _ appeal of the approval hy the Pu=iDg Co_iuioD of AppUcation 12-\1-70 ~70, These :we aeparate beartca_ have been scheduled for AuIV.t 17, 1t10, k was IIOved by Counclllllan Noel. seconded by CouncUman Grean and p....cI _s.ously thA: tbese two _ceer. be beard on August 17, 1970. A cJt.1rcl co_ur.~:~t1oo received b7 JIr. Ilyder requested clar1ficat ioa of the Irr .pproval c: preliminary clr~. for the Comaunity Center Building ~_ JIr, Hedle!. who saicl that Ia1.s feeUng vas that the project bad be.n MarinI .pprovotd c:J¡¡rlt1ca· tion requested ~~ 2 "'uk cm:inu.,i nu approved -: " n~ !uad. ~ e 1.öri:ten ....t~r1zatiOD "ri:ten .- =icat1_ :.:>:,,)ved - ~....;=dlng , .;:,etary :~::,~duced . :...-:.vel :.: ice ::~;:: project ,.~_ loprov.- -e::: i:~:e Order 'c~~~sted r..t::·..t. Ord.r ~pr:'Qv.d . r-:¡losal _.:1: :o,t·¿:ed , . . . of the Cit]' Council, þ~ 3, 1970 CC-5S _ Co ...t"atione (cont1øaed) aDd, 1Iued upon tlds concluaioD, cODtinued vith tbIo wrkiDa , . Ud Men info~ CO the contrary by the C1C)' "'''·Ier dIac work CIG the drav!Dp eboald be .topped. SCob. napondecl that __ the dravlDI. ware pr.....C... to the C-CU, tlley war. DOt .,ps:owed at thet tiM beca.... fUDlla ar. anilabl. yet to proc.ed vida the building. Be funhel' IDdIc:ated f1md. for ill. bu1ld1Da dep ded on the results of the JIi.._ber 3 E1actlOD. Itr,ror av....t.d that, iD the futur., instrç~tions be authoriz.d aød forth in fv.ll in writ1US from the City Hana¡er's offic. before pro- vlth project. 'lUCh .. thú. ~,.. .øved by Councilman Creen, s.conded by Councilman Frol1ch and UDaDiaausly that the writteD communications b. fil.d, I C)ral Communica:l~ns ! ~~1Da City ~¡er Ryder intr04uced the nev Recording Secr.tary, ~lor.. White, ::: the City Council and the audience in the Council r-....r, , "pOrt of Co==;s$ions dnd Co=mitte.. Council RepuH::Itativ.s ¡ CcUDCi~ Fr:::i~h stated that the Transportation Policy Co=aittee ~ti=a which ~5 held rec.ntly vas a fairlv low-level ...tins but ~r. progress s~uld be made in the near future in this relard. ÌSayoI' Stokes s:~:4d that he has been in contact with Mr. Pott of the :5a:ata Clara c.:~:y ~bl1c Worka Department ngardlng the County enur- ~ iDto a j~i:: proj.ct for i1provement of Stevens Cre.k Boulevard. 1k1Or Stokes ==::inued, if a program could be worked out iD this regard, ¡It would SOl~4 ~ny of our problems with traf:1c and access ~cross =:;ens CruJr. := the Stonydale Park. This also will cut down on , astion a: :h~ opening of t~ nev secti~n of freeway onto Stevens ¡Creek Boulevar!. The mayor then requested a ~lnute Order indicating ~el'..t in p~:'suing a joint project vlth the County for improvement ¡Of tbe aectio: of Stevens Creek Boulevard frc= DeAnza Collese to ~_;" ~".~. It __ .øved by CoUllcllman Frolich, seconded by Councilman Green and usly passed that a KiDute ~cder be entered indicating the City'a ,úcer..t in the proj.l:t, 11aaD Fitzgerald reported that a joint Planning Council Proposal been iDtr~uced to th2 general ..mbership of the Planning Policy tt.e vbic~ was discus.ed and turned over to the executive committee cbaDae.. Be said this proposal vlll shortly be appear1n¡ before City COUDCll. Minutes of the City Council, August 3, 1970 leports of Commissions and Committees (contin~d) Mayor Stokes reported there was no meeting of the Inter-City Council this week. MaJOr Stokes also reported there vas no meeting held of the League of California Cities, Councilman Frolich commented that th~re vas a large turnout at the la. A8sociation of Bay Area Governments meeting and it vas decided tha~ discussions would be held between the City and the various other agendes involved as to plans of each, The General Plan for thr. Bay Area vas accepted, CouncUman Noel reporteö no meetinj of the Flood Control Advisory eo..ittee or of the Santa Clara County Vater Commission this week. Councilman Cr~en indicated there was no meeting held of the Solid- Waste Committee of the Planning Policy Committee. Planning Coomission 1. Applicat.ion 14-TM-70 from Ralph G. Rodrigues for a Tentative Map to divide .376 acre into two pa1cels, located on the easterly side of ~lcClel13n Road, approximately 700 feet east of Linda Vista Drive. Recommended for approval by the Planning Commission on July 13. 1970. (Continued from July 20, 1970) C-55 age 3 various meetings discussed 14-TI'.- 70 legend Mr. Sisk presented slides relative to the area in question and dis- cussed the proposa~ which includes the division of an area of 16,400 I square fe~t into two parcels. He said that a flag lot is to be created at the rea= of the property, but it was a concern of the Planning Commission that the orientation of the dwellings in relation to the presentation land might pose a problem and. as a condition of approval, recommended the final %ap be drawn in such a manner as to reflect a l2-foot flag approach to ~!.:Clel1an Road so that setbacks will cO'llply to the zoning regulations. Another concern was the access from Parcel 2 to McClellan 'Dad and it was suggested as a further conditio~ that it be required . turn-around be located on the parcel to allow vehicular access from Parcel 2 to ~IcClellan P.oad. Councilman Fitzgerald requested that he be allowed to abstain from any discussion or vote on this ~4tter in that his office is directly in- volved in this lot-split application. Mr. Dick Pacheco, 1960 The Alameda, San Jose, California (a realtor representing Ralph Rodrigues) offered to answer questions. Councilman Green moved, it was seconded by Councilman Noel and unan- i~usly passeJ by the members that Application 14-TH-70 be approved as recommended by the Planning Commission. Architectural and Site Approval Committee 1, Application 437-HC-69 from Federal Signs, 1521 TermtnalAvenue San Jose, requesting a blanket ap?roval of all the ~hop signs co_nud that the question on the shopping center sign is that the 130 square feet of space viII be taken up by the shopping center idcnti- ,fication a:d the tvo store identifications. He then referred to the ¡possibility that future stores desiring identification would not have ;the oppor:::=tity to be included due to the above restriction in size. He ~dded that the height and surface of the signs comply with ,he ordinance. ~. De=~~:er remarked that the interpretation of the sign ord~nance vas ,that toa:::.l::::::I "may", not "viiI" or "shall", be on the Iiot.opping center .sian aa~ :~is becomes an internal problem of the shopping center owner ;to ded¿e. as long as the signs cot:ply with the ordinance. !counCi¡r~::: Fitzgerald suggested a condition be made in the ordinance ,that o:::.:oa signs are placed in a locati"n, they should be kept in t!le !sa~ 1oca::oa and not relocated on the building. I ;City At:or:::ey Anderson replied it is within the power of the Council to ,impos~ :h:s .1S a condition of the poarmit,that no chänge of the sign positior. .:: removal of the sign be ~de without permission being granted ¡by thoa ~o~:::.:il for same and, personally, felt that this should be shown Ion the p'er.:.it. three mai: !:~vor S:o~e. felt that siga ques:ions :l)'bla:::~e: approval of on Mel"\;.'a·. and 3) the raa. 4 :1..-41 fcooe1Duell t ~ t· aSp locacion signs within ordinance owner·. choice condition suggeste': condition vithin Coo.;;.cil po,-,er signs in COD? I1mee 437-HC-6!i approved 4S4-HC-70 leaend . . . nutes of tbe City CoUDCil. August 3, 1970 CC-55 rch1tectural and Site Approval Co.-1ttee (continued) at the Cro..r~ Center and an additional vall sip for Mervyn's Store on the wac a1de of the buildiDg. It.e~adecl for approval by Architectural ad Site Approval Co..tttee OD July 22. 1970. , leDevich shoved ,UAI.. of the dps proposed for Atwocl JIIportl (with the &dditioD of pbr.... "on ths square") ¡ the Hørris Fabric sip to be done in red acI turquoise blue ecrylic paint and the Kervyn sign tbe vest side of tile building; he then offered Phs.. A through E for 11 review acI approYal. ..id the two si¡aa for Acwood Imports and Morris Fabric Itorss would on the front portion of che bul1d1:1g and located one foot under- eath tile face of _. and that the size of the Kervyn dgD would be 2' x 17' on the vest side of the building. only three quoastions were involved in this issue: all signs subt:itted, 2) approval for the sign shopping center sign. Mr. !!e:::~\'::!: indicated that all three of the items are in compl1ance ¡'witb th~ .::Jinance as far as sign soatbacks, footage, etcetera are concerned. lIt vas ~ved by Councilman Frolich, ~conded by Councilman Fitzgerald ¡and vas u:::.1:::imously passed that Application 437-HC-69 be approved as recommended by the Architectural and Site Approval Committee. 2. Ap,:ication 454-HC-70 from Sterling HoM~S, Inc., 489 Division St:eet, Campbell, California, requesting approval to install a è-f~ot masonry fence at the l'O-unit townhouse complex located !Unutes of City CO~il, August 3, 1970 . Architectural and Site Approval Committee (continued' off Foothill Boulevard ard north of Stevens Creek ~ulevard. Kec~nded for approval by Architectural and Site Approval eo.aittee July 22, 1970, JIr, Benevich presented did.. and discussed the 6-foot IUsonry fence !llllieaUna it would consi.t of pre-calt concrete panels, 12' x 6' high. .&a be vent. on vith his cU._.ion, he shoved eXØlples of tbe typa of vall the applicant had in IIiDd for the area. Mayor Stokes reflected that the City of Milpitas had used thi~ type of fencing alons the freeway aød the poles eventually rusted and had to be replaced by concrete pillar., He suggested a condition be imposed that the fence be installed to the approval of the Chief Building Inspector. It vas moved by Councilman Fitzlerald. seconded by Councilman Creen and p58sed unanicously that Application 454-HC-70 be approved as recommended by the Architectural and Site Approval Cocm1ttee, subject to the satis- faction of the Chief Building Inspector, Parks and Re~reation Commission There was ~~ ~eeting lno quoru~) according to a~enda. Water Co==:~si~~ Mr. Yarb~r:~~~ ~aJ nothing to adJ tu the ~ater Commission cinutes of July 29, ::;~0. Public He~r~~ There \;ere n" public hearings scheduled. Ordinances 1. First reading of Ordinance :0:0. "to7: "An Ordinance of the City of Cupertino Designating Stop Intersect ions." Mr, Yarborou~h _"mmented that this is a coopilation of ordinances pre- viously ena_teJ and is just a matter of updating th~se ordinances. It ",as CIC\"ed ¡'y Councilman Fltzlerald, seconde': by Councilman Frol1ch and unani~us:y passed that Ordinance ~o. 4&7 be read by title only ~nd that the ~~y"r's reading of the title constitut~ the first reading of the ordina.'\.:e. Resoluti.:-ns 1. So. 103S: "A Resolution of the City Coun~ll of the City Cupertino Allowing Certain Claims anJ ne",ands payahle in Aaounts and from the Funds as Hereinafter Descri!>e.! for and Ioiages for Payroll Ending July 28,1970." of the Salaries CC-.5.5 Page 5 iscuss10n nd slid.. y chief Ida, insp, suggestion of condition by uyor 454-HC-70 approved Ord. 4h7 1st reading Res. }03R legend Pale 6 .... 2038 .pteeS .... 2039 1eaend !tes. 2039 adopted Ras. 204() legend Res. 201.:' ,¡dopted ~_e5. 2(;..:.: :eg..n~ Res. 2042 adopted . . inutt!l of the City Council, Auauat 3, 1910 CC-5S eolutioDS (continued) t va. moved by CouncllaIUS Ifoel that Raeolution 2038 be adoptecl and by CouncilaaD GreeD, Counclluo Frol1ch. Fitzgerald. Noel, Green·, Ml!yor Stoke. : 5oDe. t: BoD.. So. 2039: "A auoluUon of the City Council of the City of Cupertino Allov1D& Certain Claims and Demands Payable in the Amount. and fro. the Fund. a. Hereinafter De.cribed for Miscellaneous and Geøeral Expeudltur..", t vas mowd by Councllaan 'roUch, and .econded by Councllaan GreaD .hat Resolution 2039 b. adopted. , I jAyes: ~..: ~.ent : '3. C~uncilman Frolicb, Fitzgerald, Noel, Green, Kayor Stoke. Sona. :sane. Xo. 2040: "... Resolution of the City Council of the City of C~rertino Desiring to Estab~¿sh a 'Jeemed' Retirement Sy.tem ~~rsuant to Section 218 (d)(6) of the Federal Social Security A.:t" . It was mo.e: ~y Councilman Frolich, and seconded by Councilman Fitzgerald that Reso:~:i~~ 2~0 be adopted. Ayes: ~es: A:'sent: .t.. C:~~~ilman Frolich, Fitzgerald, Xoel, Green, Mayor Stoke. Xo~e. ~::e. :;c. 20~2: "A Resolution of the City Council of the Cit)· of C~rertino Accepting an Offer for the Services of a Public ~~~~beroent Consultant to Assist the City Council in Seeking Q'~ÚiÏied Candidates for the City ~!anag"r Position". It was mo.e: ~y Councilman Frolich that Resolution 2042 be adopted and seconded ~) Councilman Fitzgerald. Ayes: :;oes: ...bsent: Councilman Frolich, Fitzgerald, Xoel, Green, Mayor Stoke. X.:>ne. x.:.ne. ':nflnished Busines. , ~. ~iscussion on definition of family as contain~d in Zoning Ordinance. t:rgency O:-d. 220M dis:U5se¿ Mayor Sto;~s r~quested Mr. Ryder's comments regarding the Urgency ,Ordinance ::CX, to which he respond~c! by reading the proposed wording ; of the ordin.1nce. . . hiDutes of the City Council, August 3, 1970 oaf1Disbed Business (continued) Hr. Sisk inquired as to haw this would apply to apartment renters aDd Mr. Iyder responded that, to his knowledge, this ordinaDce would prevail owwr all ordiDSDces. MtorDey ADdersoD indicatecl that the words: "ona Utchan, one bollae, ODe .._4 of people related by blood"are key words in tbis definition of f..ny, Øts. ADlar of Mbnta Vista caae forward from the audiuce and questionecl eM effect of this ordinance upon vidovs and vidowra who VSDted to have . live-in co.panion, to whicb Attorney Anderson ..id that a single peraon ~d be covered within tbe present definition. c-ss Page 7 overall application key wordiq discussed sudience discussion ~ØI~ilmaD Fitzgerald made the suggestion that tbis be changed to include change DOt .ore than two persons so that one could have a live-in companion suggested and DOt be in violation. Councilman Noel inquired as to the effect on fraternities and sororities or friends coming to stay with a family for a month or so and the di.- cuasion continued aœong the Council membera. Edna Bow of Drake Drive, Cupertino, related a bad situation existing in the neighborhood where she r.sidea. She said one of t'e homes is being uaed as a boardin~ house, is run down, unkept and that several of the yo~g people in the area have been accosted by some of the boarders. Councilman Frolich suggested that the R-l Ordinance be acended to state that two unrelated people can live in a home. Mayor Stokes agreed with Councilman Frolich that the R-l Ordinance should he amended, Hr. Ed Updegraf of Drake Drive, Cupertino, urged passage of this ordi- nance and suggested the ter::, "foster children" be included in the definition. other applications existing ¡situation I discussed I R-l Ord. amend=ent suggested tere suggested Councilman ~el 3nd Councilman Green were of the opinion that there must be other exceptions that might come up in the future and there must be ! exce?tiona another vay ot ~olving this problem other than by passage of this ordi- ldiscussed DanC.. Councilman ~P.l continued by saying his feeling, personally, was that ouncil~n's be could not 3pprove this issue inasmuch as there were too many questions com=ents left unanswered and a high probability of mil-:onception in the future. It was moved by Councilman Fitzgerald, seconded by Councilman Frolich that Ordinance So. 220M be enacted as an urgency ordinance. Ayea: "s: AJtsent: Councilman Frol1ch, Fitzgerald, Green, Mayor Stokes Counc ilman Noe I None. Urgency Ord. 220M enacted "'e8 &-Control problems discussed co=1:tee suggested initial ~epcr:: ~uggest..d p::.:.t'dure::. :~o ::'étai:~= E-:c:ltro~ cO=~:1ts ~-;:q'.,;este¿ '!r1.nOD letter rf'::a-: i:es. 204'- re3d iRes. 204-, adopted . . inutes of the City Council, August 3, 1970 cc-ss Unfinished Business (continued) 2, Discussion relative to procedures and composition of Architectural and Site Approval Committee. yor Stokes began the discussion by indicating his concern .s to the amount of time spent on procedure. and composition of the Architectural and Site Approval eo..1ttee and that blanket approval methods have DOt rked, matters have been gone over ite_by-item and the Council is not satisfied with the progress being made by the Architectural and Site Approval Committee at this time. He said he, personally, feels the problems couid be attributed to three things: I) Architectural and Site Approval Committee DOt being aware of what Council is looking for due to poor communication, 2) the possibility that professional help is needed to get the best results and 3) perhaps Architectural and Site pproval Committee members feel th~y do not have the power to make demands when the necessity arises. Councilman Fitzgerald vas of the opinion that it was No. 2 above and suggested that. a committee be formed to report to H Control. Councilman Frolich continued by saying that reports are probably needed ~ith suggestions and recommendations as are received by the Planning Commission and City Council and this would possibly stimulate better ¡discussion. He also said that the City Manager, Public Works Director I~nd Chief Building Inspector should discuss matters together and work out how this report should be prepared as to implement their conclusions. !Arting City }bnager Ryder indicated perhaps part of the problem might be ¡that the existing ordinance specified every procedural detail and felt ¡that in the future it might be wise to have the rules and regulat ions, :3d~inistrative in nature, approved by the City Ccuncil and filed with Ithe City Clerk. He continued he was against procedural matters being lincluded in ordinances. I~~yor Stokes suggested this discussion be transmitted to H Control for ¡their information and co~ents and also requested this item be put on the forthcocling agenda for further discussion. ). Adoption of appropriate resolutions and minute orders relating to ~ovember bond issue. IMayor Stokes read a letter from Mr. Stocklmeir of the Trianon agreeing to negotiate and set up terms regardin~ the building passage of this measure in the Bond Election. foundatior prior to Acting City Manager Ryder read the contents of ~esolution 2046 and in- quired as to questions from the coun:ilmen. There were no questions and Councilman Green moved for adoption of Resolution No. 2046, it was seconùed by Councilman Frolich and unün- imously passed that Resolution "04ó be adopted. 4. Request to Board of Supervisors to incorporate Bond Election with Ceneral Election in November. ... ., HiDutes of the City Council. August 3, 1970 Unfinished Bur-ine.s CCODtin f) Acting City Manager ayder ~roduced Ordinance 470 and requested its .....se on first readiDc. It _s moved by CouncH f'roltch, seconded by CoUDcilaan Fitzgerald ad passed by a unaD~ 1IIIIKe tJaat Ordinance 470 be read by title O8ly aud that the reading by tile Actiq City Manager conatitute the first reading. s. Resolution ... 20'7: -A "solution of tbe City Council of tbe City of Cupenillo Requesting tbe Board of Supervisors of Santa Chra C-ty to Provide for the Consolidation of a Special HUaiciral !oDd Election witb the State of California General Electioli to be Beld November 3, 1970". Councilman Frolicb moved, it ¥as seconded by Councilman Fitzgerald and passed unanimously that Jtesollation 2047 be adopted. Hr. Ryder brought up the sab~ect of the cut-off date for submission of arguments on Bond Elect10c _r.ares being that of September 11, 1970 with priority being gi78n to the City Coun~il Ca. mentioned in the Election Code) to present sr. ..ts "for" or "against" the measures. Attorney Anderson rearl a letter be recently received from the fir: of Orrick, Herrington, T£NleT ¡ S~tcliffe regarding fees for serJices for acting as Bond Counsel a:W: reco=ended approval of them. Mayor Stokes questioned t~ letter being sent to Attorney Anderson and not to the City Manager, t: which the attorney replied it was probably done out of professional ~=~~tesy inasmuch as he is acting as Associate Counsel in this action. It was moved by Council:&: ritzlerald, seconded by Council:an Frolicb and unanimously passed tèat t~ fee schedule, as presented by Orric£, Herrington, Rowley & Sutcliffe, be approved and tbe followi:)g vote vas taken: Ayes: Noes: I.bsent: Councilman Frol~~, Fitzgerald, Noel, Green, Mayor Stokes None. oone. Councilman Fitzgerald the: .eved that the City relinquisþ the priority right to the Board of the TrUDon Foundation so they _y prepare the argument in favor of the ~ measure for the Trianon Building with right of review by the City Co~cil, it was seconded by Councilcan Frolich and unanimously p-sred. Sew Business 1. Proclaiminl the ~ of September 6tb as Bobby JCemaedy Football Week, Councilman Creen IIOVed t~ the request for proclamation of tbe week of September 6th as Bobby ... lIy Football Week be approved, it _s seconded by Councilman Fitzgerald aDd ---ftfmnusly passed. CC-55 Pale 9 Ord. 470 introduced Ord. 470 fint read ina Ites. 2047 legead Res. 2047 adopted cut-off date Bond Counsel fees fl e ·chedule approved priority rel1nquista- ed procl...- tion approved Page ];.~ :1114. 4llia..., . with r.c~ -&-- tion low bW apprØ'Nllf les. 2r;.: legen4 . . Minutes ~: City Council. Auzust 3, 1970 cc-ss New Bus~~ess (continued) 2. iteport on b1å received for resurfacing Volfe Jtoad ...~ Stevena Cr~ek Jov)."ard and Route 280 and award of contract. Director of Public Voru Yarborough indicated five bids had been received. ranaina fro. a ~ bid of $14,014 to a low bid of $11,993, for the =u"rfacing of Volf. ~ad between Stevens Creek Ioalevard and lIDute 2';0 a:><i reco ~_.. _rd of contract be given to A. .1. laiKh Coapany AS low bidder. I I I It _. :o::-:è<i by COUDci~ Fitzgerald that the lov bid be approved and the =:~:ract avarded _ recollllllended, lt vas seconded by Councilman Frolich ~¿ u:>anillOusly ....-'1. Conaent C¿le~r: (a) ~esolutil)n No. 2041: "A Resolution of the City Council of the :::y of Cupertino Y~L1ng Its Order Describing the Boundariea :..signated as ·'Sa1.c:' 69-17" to be Annexed to the City and ::ie=ing Annexa:1.a= to the City without Public Hearing a. : ::·.-ided by Law"'. !tes. :r:..: (b) legend :....:lution Ko. Z::'4~: "A Resolution of the City Council of the ::::- of Cuperti= A::o;:>ting a Select Syst£m of City Street.... aunici..a.: (c) i2prove~::.5 . t ~::e?tance of ~~1.cira: improvements in conjunction with the :: :::....ing project: Consent Calen¿a:- a¡>jlrovei title approved _ter bill ac tion acLiitiona: sculpture costs Tract 4735 - 5c:erset Square (Ditz-Crane) It was ~O~i: .' Councilma~ :itzge=ald that the Consent Calendar be a?proved, .- .as seconded ~7 Ç:~cilman Green and unanimously passed. ~port of .::::ers :ity Staff It was move; O¥ Councilman G=eeo. seconded by Councilman Frolich and ~aD1mo~sly ;.l3sl.!d that t}-~ :~:.le, "Cupertino Scen~" be used on the ~gazine c:~:: 35 recommeo¿~ by the Acting City ~bnager. ~ a point :: :~:ormation, ~. 2yder brought up the fact that all unpaid ~ uncolle:::::e accounts be:¿ ~] the Water Department will be turned ~er to a cc::e.:tion agency. ~ the future, if not paid after a 9o-day ;.eriod . , j ~ letter ....as :..:ently received by ~r. Ryder from Mr. Blessinl indicating -.~t at the :~e the costs were originally submitted for the Cupertino ~J.&za sculpt:c:e ....ork, the pre-cast tree bases had nl)t been included. ~ total ccs: :er the 74 bases would be approximately $3,700. Mr. Ryder requested Gu::~=ization froD the Council to negoti&te with the sculptor os t~is additic~al fee. ... - l~es of City C.:-uncU. August 3, 1970 - . .~ ..£ Officers (continued) 8DVed by Ccuncilman Frolich, seconded by Councilman Fitzgerald 4wnusly passed that Hr. Ryder be authorized to negotiate with .-lptor for the pre-cast tree be_a, u_ ... de Br. .,!er requested approval frea the Council for payment to be made ~ ~ .-aunt of $5,000, as set forth 10 the original agreement with Br. 1n_1og, which vas to have been payable upon the signing of the ~r~~ for the sculpture work. u wa5 WEr/ed by Councilman Frolich, seconded by Councilman Fitzgerald ....s _imously passed that Mr. Ryder be given approval to forward said gf $5,000 as previously agreed. qea: SDea: aseac : Counci1~n Frolich, Fitzgerald, Noel, Green, Mayor Stokes None. None. ~. !1:porough, :~rector of Public Yorks, showed a map upon which were ~~~e¿ various vater projects and requested authorization from the ~~ .0 comp1e:e thr~ugh Phase 2 of the Oferating Water System which a aÑ==ximately '::le-thir<1 of the total plan propos"d. I: ~ moved by C:~:lci1can ~e1 that authorization be given for the ~:t~~~n throu~~ Phase 2 of the deficiency report on the water syst~. it was se::nded by Counci1can Frolich and unanimously passed. Ãeco~.~on by ~~~.:r cf ~on-agenda ltees :Oucc--~~n Fitzgerald suggested that the ~yor mention two applications rece::=:y voted UF'::I by the County Planning Commission at the Inter-City :o~~ ~~eting .:~ Thursday evening as part of the items to be brought ~ ee==re the Board of Supervisors on August 12, 1970. ~~~n Frolich expressed his appreciation for the plaque recently pre5e:~ed to hi~. ~~~~nan Fitzgerald inquired if the overnight and out-of-toWD recrea- t~ activities had been cancelled, to which Parks and Recreation ~r~.~r Parham responded this is only a temporary situation and a ~ system is presently being adopted by which the City }mnager is aaYi~ of all activities proposed by the Recreation Department and rh... are to be a~proved before any final plans are to be made. ~~~'man Frolich wondered about the supervision of children and sua_ted arrangeoents be made by tbe Council to certify adequate sape~ion of all outings. ~. Parbaa said that there is, on the average, one leader for every six r~i1~ on these overnight outings and one leader for twelve partici- ,.-t. _ other excursions. cc-ss Page 11 nelotiationf authorized initial paywent r~quested payaent approved water ¡>ro;ect aut r..c r iz- tioD requested auth. ap¡>r:;.ved applica- tioes mentioned apprecia- tioe shown acth·it1es disc o,:ss"d supervision queation"d adeq..ate lea4era Page 12 cOllplaiœ. indicated exceptiOD acted discussion ,~uggEsted ! i I I . joint r.tee~i~¡ discusse¿ pi!rsonne: ,;;:c;teI:l s:or;-.=y sl!gges~~ :"1~eting 3djo'~me¿ . . ~utes of the City Council, Augas~ 3, 1970 CC-S5 &ecognition bv Mayor of Non-agenda It_ Councilman Fitzgerald commented OD some children being late in return- Iq from out-i)f-town excursions. .. continued by sayin¡ there had 1teeD ten very irate parents -~1Da vbat had happened to their cbildren "fter one of these oueiala'and felt, personally, a respoo- sible leA_er would have called aad øoe1fied the office of any delay. !!Ir. Parham repUed that on the t-ALJ.calar evening in question there _ DO one in the office aDd tbae dais is an unusual situation. Be said ordinarily there is always... VD8 waiting in the office for aay _rgency calls that might occur. Councilman Green suggested a discussion between the ~. Parham might be useful relaClq to the programs parks and recreation facilities. City Council aød and use of the 'The Hayor remarked that all prosr_ of the Parks and Becreation Department should be reviewed at a joint meeting of the City Council, tile Parks and Recreation Department Director and the City !lanalter. Be said all overnight activities are to be cancelled until this meeting i$ held and requests for out-of-tOVD excursions are to be submitted to , ~he City ~~na&er for review and approval. ~~yor Stokes indicated that discussions have be~n held between Hr. Ryder and himself as to a personnel SYSt8C for the City ~f Cupertino and suggested that a study be under~aken of the possibility of adopting i! Personne] Code for the City. 3e then appointed C:mnci11ll3n ~oel and Co~ncil~an Green as 3 Council $~co:c!ttee to prepare a report on this , I:;a:ter ...hieh is not to include i::ple::entation until appointn:ent of a :.= City ~:an3,er has taken place. This Sub-coccn1tt~e also is to review the retainer for the City Attorney and submit recommendations for a new resolution. ! t J.djoumment I I It was moved by Councilman Frolich, .econded by Councilman Green and ~anicou~ly passed that the meeting be adjourned. !be meeting ...as adjourned at 10:45 p... APPROVED: 1./ ~~p~ ~ ~~n~ne Mayor, ity of Cupertino ATTEST: /./ 'hi. F.. Ryc!er City Clerk