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CC 10-19-70 ,,0 ",4." ,,' ....... . . . CITY OJ' Wru.u.8U. St.te of California 10300 Torre Aveaae. Cupert~, Cal1fom1a Te1epboøe: 252-4505 __.as OF 1111 IIQJLAI MEETDG or 1111 CITY CXJUIcn .u» "'tv" 19, 1970 1. THE COOJICIL awœ"JI, ~ BALL Qlr....Im, CALIPOU1A !be ~i.. _ call_ to order .t 8:03 p... by Mayor Stokes who sub- .s....tly led the ,,""1... ,i. the flag salute. 1011 Can Cou.d~ in .tteadaDca: rtt&lerald, Fro1ich, Gr_, lIoel and Mayor Stokes. Al.o in .ueaol·....e: Acting City Kanasu Ryder, City Attomey AndersOD, Plaønin, Director Sisk, Assistant Planner Cowan, Public Works Director Yarborouah, Chief Building Ins~ctor Benevich, Parka and RecreaUOD Director Parbaa (8:S0 p.m.) and Recordina Secret.ry Dolores Wbit.. lU_tea of Previoua !feeUnas 1. Approval of minut.s of regular meeting of October S, 1970. It vas moved by Councilman Frolich, seconded by Councilman Fitzgeral~ and p..sed unaniaoualy that the minutes of the regular meeting of October 5, 1910 b. ."proved .. sub,dtted. At tbis t1œe the Kayor aekøNledged the "resence of several Cupertino Bilb School students in the audience who vue observing the Council _ting. Written Caaaunications 2. rroa J. aob.rt Demp.ter vithdrnving aDplication of Seata Clara c-ty Cable T. V. and Nation Wide Cable- Y1s1øa fr_ consid.ration for a franchise. 3. 4. 5. . 1 Expr...1øa of .ppr.ciation from Tri-Citi.. Littl. League and _k1q pendt for fireworks st.nd for 1971. City of ..10 Alto Resolution urging support of Keasure A, tb. .... tr_it proposal. rroa lira. LiDda Stuckey, 126 Arcadia Avenue, S.nta Clara, 11Ytna obs.l'YatiOD on juvenile difficulties at Portal Park. It v.. mo_ by CoUIICU..n !foel, seconded by CoUDcU... ritzler.ld and pa..ed uunf_Iy that tbe written c_unicat1ons, .. submitted, .. approved for f1l1a&, CC-62 roll call minute~ appro';eè aIIIIunicatioDS poroved ....2 1IIN1at1111 ñ Ore!. 276 d1.scus" .:omment.s :..:. .~rt :: ~Oj)05::':~"""1: );c. liS . . , , . lllaut.. of !:be City C&. 11 lIeec1aa, October 19, 1970 cc-62 Oral C fcat~ 6. JrIu..t.þ- 1: COQS_C ,..1 . . t, for r_al of it_ hwa tile 'Iller. vera DO reque8ta '- ~ .~, -n- pr_t for r~ of .... 7. lequest fa. 1In. to speak _ 0r.H trail.n. A'fI r. . -~. ... F. Sbi.lds, 22437 St. ~ 110. 276 pertainiDa to ~ lira, Shields c_ fORb fa. tile audience indicating her coacanl .. to the traUer aDd ~r .1aaaUon in residential ar_. $be ..id .be recently teùFLrar.a die aey offices requestill8 iDf_t1oD reaardinc this ord1_. ... __ told there vas lID such ordf-. in existeace. SillCe the crdinance __ _ted in 1964, she said, aaøy boau baY. b_ acquired by citia_ aDd it _s her feelin¡ that the olcl ordinance should be updaced to illClude the following: boau.. well as ca::pers and trailers. a chance of "etback r(.quir_U fr_ IS fee roo the curb and 3 feet fr_ the '-e to 2S feet fraa the curb alh. 3 feet fr_ the ~, and also th'\t boats, campers or trailers be enclosed. It vas su""ested by Couoci 1_..~ Fitz;erald and agreed to by the Mayor that this :.uter should be rft'1eve<l by the Planning Director and a report sub~itted to tha City Council relative to this ordinanc.. Mayor Stokes then recos..h·ed !frs. Best, representinc the teasue of 101œen Voters of Central $azota Clara Valley, vho c.uae forward pr...nting a letter from the orgaoizatioa in support of !'-oposition 18 aDd urginc the Counci¡ to adopt a resolution in favOl' of the passage of _. She added tbat, in additioa to the League of Women Voters being in favor of the proposition, the following orlanizations have at.o voiced their support: Ibe L_gue of California CiUes, Aaedean Association of University ~, Sierra Club (Lome Prieta Chapter), Santa Clara County Medical Society, Californians Against Saoa, TraDS- portatlor. task Force, Save Our Valley Action Committee. Tuberculosis aDd Respiratory Diseas. &·~tation and the Santa Clara County Medical Society Auxiliary District 1. The Kayar reaarkecl chat tile City Council had previously gone on record as supporting this proposition adding that passage of this proposition would provide Santa Clara C-Uty with $4,000,000.00 plus, U all juris- dictions were favorable. .. said this amount along with fUDllb fr_ tbe soven.ent _uld r_lc fa a great amount of additional ~ which ~ld be a step i4 tile r1&ht directioD in cleanioc up the _iaCing and future fre~ probl_. Ø1øutes of the City Council Meeting, O:tober 19, 1970 Oral CoaauDications (continued) C!MIDcllaen Frolich and fiugera14 bad reservationa as to the effect of Proposit1oa 18 upon the hi&JwaY aod freeway program in" 'ch as atate- _ts bad been previously aade that, vith the paasage of this propo..i- c1DD, tbe highvay and fr~2 p~çgrams would be halted. ~ Hayor continued tbat, f..D his opinion, the passage of this propos i- c1DD on Noveøber 3rd would be a starting point and the only vay in which to clean up the fre1!'ltaY problems vou1d be to invut in another ~ce of transportation. There vas DO :lOtion introèucec! by the Council at this t~e indicating favor of endorsement of Proposit1DD 18 80 the I118tter _s dropped from diacussion. Report of C,,=issions Council Re~resentatives 8. Transportation ?cl:'cy ec-ittee - Mayor Stokes The Mayor re?"rted that tCe ~reli=inary report of the P~~~.are a~d Technology C:~~íttee vas 5~~:'tted and accepted by the Tra~~~r:ation Policy Co__i:t ,e. He aëå~ ~~: the Transportation and ?~:~~: ~ittee r~¿ -lso indica:e¿ t~elr support of Fropositio~ :: a~~ were conti:::;i::& ill their e:!=rt to secure a yes vote on ~E-a5'_re A. Councilman :r:::~h propos~ :~.at ~~sure A, as read to t~e Cc:;ncil by him, be e::d)rsed by sald Cq~cil as presented. It vas DOved =y Council=&n :rclich and seconded by Council=a:: Fitzgerald t~~t Resoluti~ 50. 2~76 be adopted in aupport c! "-asure A ::: the November 3r¿ ballot. Ayes: JIoea: Absent: C~uncilmen Fitzieral:, Frolich, Green, Noel aDd ~.aycr Stoltes Sc~ s-,:le 9. Planning Policy C ittee - Councillll8n Fitzgerald According t~ Ccuncilaan Fitzgerald, no meeting vas held of this ~ittee. 10. Inter-City CauDeil - Kayor Stokes !'be Hayor reported DO _tiDe had been held by this group. 11, Leque of CaI1fona1& CiUes - Hayor Stokes lID ",UII& of this orc..... ....c1DD v.. held. however, tbe ~yor reported dlat the LeaIU8 of Califora1a C~t1ea Annual Convention _14 becin on I "'y, October 25th. CC-62 Page 3 further cOllDents committee reports Rps. 2076 ado1)ted furtber ret>orts rase 4 :O!OCIicte. <"Ports :cnt inueé :~s;>osal ,tudy :~scusse-c: <ec..uiÞ_~ "eeting <ktober 31 . . , . __... of the City Council Keeting, October 19, 1970 - J n of C__t.ÜODS (continued) 12. AsaodaUoø of .., Area eov_ca - ~t1..... lJ'o1J.cb ~ -t1__ FroUch c_ented that 110 _et1D¡ bað 1IeeD held of tIaU -t.tioD. cc-6i 13. Flood Coauol AdYiaory C_t..ion - CouDc:1laaD 110001 14. Santa Clara CouDty Vater <:-t..1on - ~it.an 1Ioe1 ft _ reported b, COUDCilau 1Ioel that aD aU-da, trip had b_ .... .....1' taken to Sausa11to for a floocl control deaonstration vhleb .. 11M DOt been pr..en~ for and introduced Mr. Yarboroup to euppl_ ~ b1e report on theee orlaDizatl00a. !Ir. Yarborough c_nted that a _acing va. held, vh1ch he attended. wberein the progr...ing of projects was discussed rela~ive to priority ratiq for coming years. He said this would be covered more thorouply u the Dext meeting 8Dd it was a strons possibUity that _re inforaa- ~1.oD would be available after tMt meeting in thia reaard. IS. Solid ..ste eo..itte. of PlaDD1n1 Policy Coaaitee - Coun:ilman Green A _tins had b..en held on October 8th, according to Mr. Green, at vb1ch time it ,"'as reported tMt the cODSultin¡ firm of Cooper Clark and _sociates "'35 selected as the consultin¡ firm to provide for the ~lid-waste d1s?Qsal site study. He said the City would be asked ~~sequent to th~ ~ovember 12th ~eeting as to its desires to par- ~1.c1pate in the fund ins in an approxlmate amount of $40,000.00. and rug&eated the :~uncil's support be evidenced at that time. _ continued that he would DO~ be available for the Novemler 12th _eting aod sus~ested tMt a _ber of the Planning Department go in us place. ' ]Ie added that a re-cy.:Uns directory had been produced by the Coun~y aDd presented to each of the members show1n¡ locations for re-cyclins !acilities throu~hout the County. Inasmuch as a copy of this direc~ory ~ been given to Acting City Manager Ryder, it was reco...ended tha~ 6W~Goe inter~sted in further information in this regard contact the City officI's. Bayor Stokes reœarked that he ~..d had contact with the firll of CCiffenhagen-Kroeger, Inc. and the firm had requested a meetins be held .. soon as possible rela~ive to the recruitment of a new City ---~&er. It was sugge.ted by the Mayor and mutually agreed IIIIODg doe CouncU.en present that this meeting be held at 9:30 a... on Saturday, October 31st, between the City Council and said firm. ~ of the City Council ~eetlng, October 19, 1970 .,_4_ Commission 16. Submission of minutes of aeecing of October 12, 1970. 17. Itec,c"Vl!D1I..tion tbat tbe Standard Conditions, as revised, be adopted by the City Council and be known as the City of Cupertino 14 Standard Development Conditions. PlaDDiag ec-ission ResolutiOD 110, 312. pi .~ Director S1sk reviewed the proposed revised 14 ~taDdard - _._-, indicating tbat they were a c:oaposite of the Architectpral ... stÞ Approval ec-ittee and PlaDDiDg eo._ission conditioD.~. He ~.. ~ two additional conditions su~gested referring to Condition 9 ... CI Aftion 10 and added tbat the Planning COIIIIIissiol\ bad rec~ended -rr£__A of the rev1seå conditions for adoption. _ Ie _ observe.: ~:r COUDcilaan GreeD tbat no 14 Standard Development ~tiøD listln2 had been 'Ittacbed for tbe Council's review, it was ~Gally agreed bet~ee' tbe Councilmen present and Planning Director S1s1t that tbe matte~ be placed on the agenda for tbe next meeting witb . ca.plete attacb:ent available f~r review at tbat time. Arddtectural and Site Approval Cc=ittee lB. Sub~ission ~f .inutes of meeting of October 7, 1970. 19. Rec,~endation for approval of Application 473-HC-70 froD Standar¿ Oil CJmpany of California to reconstruct Standard Oil servi~e station located at the south~est corner of Steve~ Creek Joulevard and Saratoga-Sunnyvale Road. Chief Building lr~pector Benevicb described tbe application vbile sbov1~ slides 0: several stations toured throughout the area. He said the applicaticn came before the Architectural and Site Approval C ~ttee with a re~uest for a 13-foot, 7-inch canopy over the pump 1s1~., wbich hei~~t ~as subsequently approved by the Committee at 12 feet. 6 inches. The roof was to be of Spanish tile ~ith a parapet of s:occo, a sint1e sign was suggested at tbe corner triangle ratber thac the two signs on adjacent streets as proposed and the ligbting b--ù tbe canopy ~as approved by the COIIIIIIittee. Mr. &eaevich indicated that Pbases A, Band D bad been approved by the c-ittee ~it~ Pbase C continued for clarification of the Sign OrdfR~e relative to placement of a sign in the corner triangle. It ... woved by Councilman Noel and seconded by Councilman frolich that Application 50. 473-HC-70, Pbases A, Band D only, be approved. Ayes: JIøM: Councilmen Fitzgerald, Frolicb, GreeD.~oel, Mayor Stokes None :C-62 Page 5 adovtior. of 14 Standard Conditions contir.ued 473-HC-70 Pbases A, B and D approved 'aae , ns-1IC-1O ,~ landsca;: ~ d 1scuasi:'11 47S-p'c-7';¡ approved eo-iasiDG reports . . 1ØJIut.. of the Ci:y Counc1l tleet1Dg, October 19, 1970 CC-61 .kc:ldtectural &DC! Site Approval ec-ittee (~ontinued) 20. Je,:.-endati_ for approval of Application 47S-øc-70 fna QRS 11_ ec.,.-.y to reinstate ex1st1Dg 5'10" x 6' 2" pole aip for 7/11 atore located at 10033 Saich Way. CÍdAlf 1u1ld1D& !nspector --...1cb report'" the aip in ca-stion .... .... previously a?proved for pla~V'-" _ a pole along with aD DC .sp ad a sport shop sip located lI_tb the 7/11 dgn. In the ._...., the pole had ... r_v..s fro. the pr..u.. and the 7/11 .sp _ DOt replaced in its or41ul locatioo, It. question .... ariaen _ tha Architectural aDII Site Apprvval c-ittae level relative to the , ..ocspe condition beneath the aip and the _rs of the center _re ~nestecl to appe.ar before the c-ittee to discU8a the situation. CoDtact had b~ ude in tlJa -.aU_ with the _ra, accordi. to Jk. leDevich, an: it _s d1sccwerecl that a DeW landscaping contractor baA! lIeen hired t.:o ..aintain the planter re)lacing the former contractor ~.. perfor-..a:>~~ had bec_e quite 1_. !!r. G_rge Bri::. representative fr_ Qas Neon Company, and Mr.. ~si_, ~,...r .:0: the center residing at 12421 lIorth Capitol Avenue, I San Jose, ca:e :o~.ard for cu.aents. . , , I ! !!rs. Messina ~~~:~:ed to the Council that plans were presently bein¡ ~epared by a :a~¿scape architect and would be available for considera- ~on vi thin :~~ ~¿xt week to 10 days. :t vas moved :. ::~ncilaan Fitzgerald and seconded by Councilman Green -.st Appli:~:i:~ o"S-HC-70 be approved and the sign be authorized to ~ instal:,,! ~::¿~ the Architectural and Site Approval COmQittee had ~evieved t~e :,¡:,:,:,,'~ping of the planting area. Ayes: Jioes: C.:oc:,::~~en Fitzgerald, Frolich, Green, Noel and Mayor Stokes Sone ?arks and Re::e,¡:i~n Commission :1. ~: ~eeting. aater Co_iss1.:-:: ::. ~ ..eetin¡. ~brary Coe=issi.:on 23. s.o meeting, Public Hearings 24. A,?lication l3-Z-70 of Phillips Petroleum Company for ~:ezon1ng County CC (General Commercial) Zone to City . . _ lea of the C~:: C.:-undl KeetiDS. October 19, 19ìO pi I... Coaaissi= 16. ~-i_1oD of .illut_ of ~iDg of October 12, 1970. 17. I.e<, ~~tion that die St-.a·Td CcmcIitions. as revised, be '. ted by tbe C:ICJ Cr. -'I aDd be ~ as the City of ,.. LiDO 14 &" -...... ....lo.-ent ConcIiti0D8. p1_1.. eo-is.1oa· a-'-S_)(o. 812, pi .~ Dinttor Sislt nriewd ... JIE'.pa.acJ revbed 14 StaDðnd - ~...~ indi.cari,. that t~... . c: _..oeite of the Architectural ... S:Ue ApprvnJ. c-itt.e· ad pi I~ Co.. ".i_ conditions. Be -_ die two adëtioaal ccmdiU-- 8U8I_tacJ referring to Condition 9 ... eø.litiw 10 DIÌ addacJ that tile pI-i.. Co-ission had re(· ended u ......1 of the ndsed CODCIit~ for _option. .. tt vas obser._ ~ COUDCilJlaD Cr._ that DO 14 Staudard Deve1OJ11MDt a. ~Ition listi-~ :a1 been .tt.i:..... for the Council's review. it was -1ly agr~ ;'=Wr.1 tbe CouDcJ.~ pre.ent and !'lanning Director SSaIt that the u::u be placacJ _ the ..eDCI. for the next meeting with . ca.plete att.~~t available for rewi_ at that t1ce. AKddtectural ~~ ~!:e A1)1)roval C "c~ee 18. S~uiol1 of IÛnut_ of _.tiDg of October 7, 1970. 19. ~~ccdatiOD for approval of Applica:ion 473-HC-70 from S:a:~::-: Oil CoIIIpaDy of California to re,;:C'nstruct 'Standard 01: $t--Yice station located at the sout~~est comer of St~ Creek Boulevard and Saratoga-Sur~~~~ale Road, Cdef Jluildir.~ :~,;:tor Benedeb described the apÿUcation while . riDg slides :: Mveral st.tions touracJ throughout the area. He ..s4 the appli~:i:c ,;:ame before ~be Architectural and Site Approval , 'ttee wit~ 4 =~est for a 13-foot, 7-inch canopy over the pu.p þ1-A_, whic~ ::..-(·t "'as lIubsequeøtly approved by the Coaaittee at 12 feet, 6 ir.:::~. noe roof vas to be of Spanish tile ,,·1th a parapet .t stucco, a si~:e sign w.s sUII~ted at the corner triangle rather dawa the tvo si~ .:n adjacent streeu as proposed and the lighting , --th the _==.-: ..-:15 approved by the CoaDittee. ~_ -.nevich i:~:~:oed that Phases A, Band D had hen approved by ~ Cøamittee .~:= :~se C continued for clarificativn of the Sign ~~"""'e reb::~ tv placement of a sign il1 the corner triangle. Ie __ .oved ~y :"-.;:dlman Noel aDd seconded by Councilman Frolich ~ Appl1cat~.:r: Jo:. 473-HC-70, Phases A, Band D only, be approved. ~: ..... : ~:.::ae61 Fitzgerald, Frol1ch, GreeD, !ioel, Mayor Stokes NoDe CC-62 Page 5 .d~tion of 14 Standard Conditions continued 473-HC-70 Phases A. B .nd D epproved Paae 6 47S-~70 pra.-eeiøa land,,=?~ discussion 47S-P.C-70 apprO'>"ec! Commission repor~s . . lI1øutea of tbe City CouDc.11 ~eting, October 19, 1970 cc-~ Architectural and Site Approval Committee (continued) 20. tee· T .a·cion for approval of Appl1caUon 475-RC-70 #0 frclll'QIS __ Coapany to reinstate _bUng 5'10" x 6'2" pole sip for 7/11 store located n 10033 Saieh Va... Ch1af III&UtÜJI& ID8pec~ .- .1ch reported the sign 111 question had been previously approved for plac_ent on a pole along witb an IØC aip and a ..port shop aip 1øcated bueatb the 7/11 .ign. In tha ineeria, the pole bacI beeD r_ed frail the pr_is.. ad the 7/11 sip _ DOt replaced in its original location. A question had ads_ at the Architectural and Site Approval ec-ittee Ipel relative to the landacape cODdlUon ~cb the sign and the owner. of the center _re requested to appear before the Committee to discuss the situation, Contact had been made in the .eantime with the ovners, accordin¡ to Hr. Benevicb, and it __ discovered that a new landscaping contractor had be~ hired to maintain the planter reDlacing the former contractor vhose t>o!r:or.Dance had bec_e quite lax. Hr. Ge~r~e Britt, representative from QRS Neon Company, and Mrs. Messina, ~~r of the center residing at 12421 North Capitol Avenue, San Jose, ~ame forward for comments. Mrs. Xpssi~ reported to the Council that plans were presently being prepare: ~y a landscape architect and would be available for considera- tion ~i:~:~ the next week to 10 days. It was ~:~ed by Councilman Fitzgcraid and seconded by Councilman Green that A7::i:3tion 47S-HC-70 be approved and the sign be authorized to be ins:~::~¿ after the Architec~ural a~d Site Approval Committee had revi~'~: :io! landscaping of the planting area. Ayes: Noes: :"uncilmen Fitzgerald, Frolich, Green, Noel and Mayor Stokes Sane Parks 3:.: ~e:reation Commission :!l. No meeting. Water C:~ission 11. No meeting. Librarv :~ission 23. No meeting. Public :;c3rings 24. Application 13-Z-70 of ?hil1ips Petroleum Company for prezonlng County CG (General Co~mercial) Zone to City Minutes of the City Council Meeting, October 19, 1970 Resolutions (continued) After a reading by Councilman Fitzgerald, it was moved by Councilman Creen and seconded by Councilman Noel that Resolution No. 2072 be adopted. Ayes: lfoes: Councilmen Fitzgerald, Frolich, Green, Noel and Mayor Stokes None 28. No. 2073: "A Resolution of the City Council of the City of Cupertino Allowing Certain Claims and Demands Payable in the Aaounts and from the Funds as hereinafter Described for Miscellaneous and General Expenditures". After a reading by Councilman Fitzgerald, it was moved by Councilman Creen and seconded by Councilman Noel that Resolution No." 2073 be adopted. Ayes: Noes: Councilmen Fitzgerald, Frolich, Green, Noel and ~Ayor Stokes None 29. No. 2074: "A Resolution of the City Council of the City of Cupertino Requesting Allocation of TOPICS Funds Ïrom the California Highway Co~ission for the Installation of Traffic Signals and Street Widening at the Intersection of Stevens Creek Boulevard and Foothill Boulevard, prior to Completion of an Areawide TOPICS Plan". After a reaclng by Kayar Stokes, it ~as moved by Councilman Frolich and seconded by Councilcan Green that Resolution No. 2074 be adopted. Unfinished Business 30. Discussion of contractual relationship between the City Council and City Attorney. (Adjournment to Personnel Session) After a short discussion, it was moved by Councilman Noel and seconded by Council=an Green that this item be continued to the end of the agenda for 3 personnel session. This motion was passed by a unani- mous vote oÏ the Council. 31. Traffic study report on East Estates Drive. Public ~~r~s Director Yarborough reported that he had recently attended a :eeting with residents who were very much concerned with traffic accidents along East Estates Drive. Hr. Yarborough referred t~ comments recently given to the City Council 1n his .em~randum of October 15, 1970. As he presented a d1agrammical slido of the area iDvolved the curvilinear sections of the roadway be said most cCIIDnlafnt where _ny drivers hadt CC-62 Page 9 Res. 2072 adoDted Res. 2073 adopted Res. 2074 adopted discussion continued traffic study dl.1cussion Page 10 needies sugaœsted study to 1><, ¡¡resente.! ~ervyn' s- Gemco craft ic si tua t ion discussed . . Kinutes of the City Council Meeting, October ~~, 197Q CC-62 Unfinished Business (continued) loIt control of t~r vehicles hitting stationary objects such as tr_, parkêd car. and Ju.es. He added that it might be 8Clvisable to post advisory speed lWu at the curved portions of the roadway or to close the street. 1Ir. Yarborough c~ted that the traffic is created in this particular arM because it is a direct and convenient route betveeD Stevena Creek Boulevard and Bollinger JIoad. lie continued that the area vbere closure is proposed is bordering thó: two cities of Cupertino and San Jose and requested approval to pro- ceed, if deeaed desirable by the Council, with preliminary discussions v1tb representatives of the City of San Jose in this regard. He added that, if the suggestion of posted advisory speed limits ",as f,:)°.md to be the best possible solution, perhaps it vould be wise to utilize selective enforcement in the area to keep people within the speed limits. Mayor Stokes indicated that the problem had been in existence for at least 11 years, to his knowledge, and felt that stop siRDS would imprtve the situation if placed at strategic locations. Council=an Frolich was of the opinion that street closure vould be a strong =easure but adde~ that, if it ,,"~s the answer, WP should use stop si~ns, stop lights or anything else available to us to eliminate tnis situation. A short discussion followed durin~ which Council. an Fitzgerald in- dicated his agreement that stop signs be used because of the area bein~ ar. attractive nuisance to racers a~d Councilman Noel suggested that a list of accidents in the San Jose portio~ of the roadway be pre$er.ted for review by the Council. Hr. Yarb~rough remarked that a study could be completed in approximately two weeks relative to stop signs and, by mutual agreement of the Council=en present, he was requested to do so. 32. Traffic study report relative to Mervyn's-Gecco area. Public ~~rks Director Yarborough reported that a atudy had been made of the three principal intersections serving the Mervyn's-Gemco area and it ,,"as learned that the heaviest traffic volume was located at the intersection of Stevens Creek Boulevard and Saich Way along with the highest incidence of accidents. With the use of slides, Mr. Yarborough described channelization proposed ~~ile referring to his memorandum of October IS, 1970. He said !!ervyn's is in need of the Stevens Creek Boulevard access as it is the main entrance to the store and suggested signalization of thp intersection at Saich Way as the ultimate solution to the traffic problem in the area. He added that channelization and place- .ent of bars would eliminate the cross movement between the two stores by forcing it down toward the Saich Way intersection area. . . Minutes of the City Council Meeting, Oc·ober 19, 1970 Unfinished Business (continued) Ie vas further suggeste~a10ng with signrlization, left-turn pockets and pedestrian push button controls be included at th2 Saich Wøy intersection. According to Mr. Yarborough, the traffic volume count inclicated the _jority of traffic crossing between Hervyn's-Geaco area bad originated from the Gemco parking area across to Mervyn's store. It was then suggested that the cross-mov_t be eliainated. Dialogue continued, during which Couaci1aan Creen indicated a concern as to an increase in the traffic problems during the Christmas season; and, inasmuch as the traffic situation could not be alleviated prior to July of 1971, it was recommended by Mr. Yarborough that officers be placed in the area during the three _in Christmas rush days for tra~fic control. CC-62 Page 11 further discussior: It was moved bv Councilman Frolich with a second by Councilman Creen that the Public Works Director be authorized to proceed in his ureparØ- authorizatio~ tion of plans f~r signalization and re-channelization in the Mervyn's- approved Gemco area and that costs for signaH.zation be included in the 1970-71 budget. Ayes: Noes: Councilmen Fitzgerald, Fro1ich, Green, Noel and Mayor Stokes None New Business 33. Solicitation permits: a> United Cerebral Palsy Association b) March of Dimes c) Cupertino High School Band Boosters Club d) Boy Scout Troop Ko. 488 e) Danny Thomas Teenagers March for St. Jude's Hospital on November 8, 1970, and request for proclamation thereof. f) Christian Record Braille Foundation, Inc. Acti~g City Manager Ryder introduced the various agencies shown on the agenda adding that these requests have been over the past two .onths. He said the reason that some of the requests had been held up for two months before place=ent on the agenda was that they were pending the clearance by them through the San Jose Public Solicitation Commission before being recognized. A letter was received from George Fernandez, Principal of Cupertino High School, aSking that the request recently made by Mr. Gray on behalf of the Cupertino High School Band Boosters Club be withdrawn from consideration at this time. Dermit requests introduced raa. 12 ~, · · · ~ " ~u ....s pø<'1 ~OD ...l.-.... traffic study suggested ¡>resenutio . . . K1nutes of t~e City Council, October 19, 1970 CC-6"2 Ifew Business (conti.....) Hr. Ryder contiDuecJ that. in IIdclition to a sol1c:1tation pera1t, a proc~tiØD bIIcI .... rel(Vuted relative to the DaD1I)' -na-u Teenagen Karch for St, J..... lNpital CD 1Icw.-ber 8. 1 , TIle r_incler of tha 'J:J>fII1IÞ, lie ..id. _re repeats fzaa the pr."toua )'ears, and be a:K r·· t_..--. of permits eo that . J .-... Lic__ could b. is.... ... r.....ted waiver of noraal )ua~ ~ f_. On the IIOt1øD of Coaac11uD Grea aDd the second of c.. -11uD ProUch, it vas unaI04_1)' rei: .... tllet the Solic:1utioD readu be graDtecJ .. requested .... that tile ..i_.. Lic_. f_ be wai..... It vas then .",eCJ by C_4"" Fitag.rald, seconded by Counc1laan Green and puaecJ '--'_1)' that lIov_ber 8th be pzoeb4--' .. DaDDy ThOll4s Teenag. "..rch Day. 34. Prøpøu1 for cooperative underta1tin& be~ the City and Vallco Park of a traffic study 0" Tantau Aveøue overpua at Route 280. Hr. Burrell Leonard, 19165 Pruneridge Avenue, Cupertino, advanced fr_ the audience cOSlenting that he recently had revieved a study by DeLev- Cather for the Sears property an~ study for the City of Cuperti~and was of the opinion that the traffic is very heavy and rapid in the area in question. He said the State is interested in obtaining figures as to likely traffic in the area in 1985, 1995, etcetera. Mr. Leonard remarked that he was appearing for Walter Ward because of a conflict in his tice schedule. He continued that for studies in the past the Vallco organization has utilized the services of both the DeLew-Cather group as well as George S. Nolte group. He suggested that the, letter from Hr. Ward be .eviewed and requested, of the two organizations previously mentioned, that George S. ~olte be given favorable consideration because of their local office and the people currently available. Planning Director Y. rborough reported that the traffic count was undertaken, similar to that made at Mary Avenue, and the State has requested a count be made on all the surrounding streets for accelera- tion of the proposed State program. It had been suggested that the Vallco oryanization obtain a proposal from a traffic firm which was done vith a subsequent bid being received of $3,000.00 for the study. Hr. Yarborough indicated his opinion that this fee vas a reasonable one in that it would probably take at least six months for the staff to be able to begin a project of this type plus additional time for the proper preparation of same. In that time is of the essence in this situation, he suggested that the proposal be a~cepted and the project be started as soon as possible. · . Minutes of the City CouDcll tf"HinR, October 19, 1970 CC-62 Page 13 .ev Business (continued) After further general discussion, Councilman Yrollch offered his favorable co_ents, sayiJIJ that the ~roject would be a mutual benefit both to the City ad to ..11~o Park. c-d1-" Fro1ich tt.D -ertained a _tion that the staff be .nt-rind to MIOdate . 1IOrltiDg agreement with Val1co Park for pr_tation to the C4 ~1. and the !lOtion VIIS seconded by Counc1l- _Creen. Aye.: 1Ioea : Councf1- fttq-.1d, FroUch, Green, JIoeI and Mayor Stokes BODe 35. Stat_ rlF &L on ØVP PM radio station and its relation- .hip to CIey sponsorshin, Parks and Recreation Director Parham re)orted his concern at the situa- tion developing relative to the radio station. He also pointed out the station call letters to be KKDP instead of XKVP as indicated. Be said sizable dODatioDs had been received of both a monetary tYI'e as well as donated eC!1ÚpðeDt for use at the s1:atlon. He added that the club is movin! tovarc! OÐeration as a separate entity and (!uestioned ownership of IDOvable it_s on City-owned pr"nerty, non-City property, placement of liability. etcetera. Acting City ~~ager Ryder commented that auestions had also arisen relating to the extent of City's involvement in the oneration of the radio station as well as control of permanent items nrovided by other than City funds. According to Hr. Parhaa, t~ Parks and Recreation or~anization originally began the club ~~ich is now moving touard ol'eration in April of 1971. At this ti:e, efforts are being made to obtain an extension of the construction permit with an additio~l delay factor being the ability to secure equipment as soon as anticipated. In addition to a review of the exiRtin~ problems by City Attorney Anderson, Actin! City ~~,er Ryder and Parks and ~ecreation Director Parham, it was stron~ly s~ressed hy Councilman Frolich the neceRsity ~an inspection of i:~e:tory and that an accounting be made of the hardware and equip.ent ~+'ich had been donatcd to the club. Councilman Noel asked ~~. Parham if thc club would be solicitinl for funds, to which ~!r. !'ar~ answered the club is ol\erated on a non- profit basis, adding the possibility that they might undertake an auction similar to ~ED television. Hr. Ryder commented that he ~~uld meet with both City Attorney Anderson and Hr. Parhaa to untanRle the complications which have recently arisen, authorization for ueptia- l:ioDS approved radio station discussion ¡oroblems to be inves- tigated Pace 14 v ¡ r iJrtç '-Yf --- ~"- ,"f~ Qaaøge Order 1Ie.. 2 approved Bid O!>elÚng discussion . . . Minutes "f the City Council Meeting, October 19, 1970 CC-62 New Business (contiøued) 36. ..~ from California Regioual Water Quality CoDtrol Board for e_enU on proposed resolution relative to _Ufieatfon processes imrolviug discharge of vaatu from ~tive daveloptents. Act4 City II ,_ a,der r_rked that tbb it. vu placed on tha acencla for _ f....futf- froa the City Counc1l ragardilll a tentativa resolution to ...". the plaDDing staff 1IDtit)' tbi.a IIoard vb__ thera is a tntativa ~t for the City in wb1cb .u.c:barge of vast. from other than (' D _r lines vas illl1olved. He added that tbia would not appl)' to tile City of Cupertino but r_....... that the CouDcil go on rKOrll so that the Boud could be _tified ita favor of tbis resoluUøD. 1'ba Council so affinud the re~tion. Councilman Green 1D41cated his desire to present this it. to tbe Solid Waste c-ittea of the PlanninR Policy c-ittee and it va. suggested by Ifayor Stok. that Mr. Sh1t and Mr. Graen discus. tha matter further aDd . report be subsequently subaitted to the Council as a whole for tbair information, 37. Cbauge Order No. 2 for contract to construct Library Building as requested by County Librarisn. It was noted by Acting City Manager Ryder that a request had been received from Mr. Blessing, the Architect involved with the new library buildiug, that a substit~t~on be Made of Premium Grade, 3/8", Georgia-Pacific, Ruffsavn, ReJvood Plywood in lieu of Custom grade as indicated on the plans. He continued that the cost of this chan¡e would entail aD amount of $380.00 additional cost to be born by the County Librarian out of his budget and, on this basis, he recommended the Council approve this request. It was moved by Couacilman Noel, seconded by Councilman Green and passed unanimously that Change Order No. 2 be accepted as requested by the County Librarian. The vote was as follows: Ayes: Councilmen Fitzgerald, Frolich, Green, Noel and Mayor Stokes Noes: None 38. Report of Bid Opening of Automotive Equipment. (Bids to be opened at 2:00 p.m. on October 19, 1970) Mr. Ryder reported that four bids had been received ranging from a high bid of $5,750.00 to a low bid of $S,lOl.67 (presented by San Jose Ford Sales). Subsequently,a letter vas received from San Jose Ford Sales indicating that a typographiual error had been made in the amount bid and they were,therefore, requesting withdrawal of their initial bid. After some discussion as to legal procedure, it vas recommended by City Attorney Anderson that the matter be continued for bid avard until clarification vas received from San Jose Ford Sales. . . MiDutes of the City Council ~eetiDg. October 19, 1970 .... Business (continued) -.,.or Stokes vas of the op1Diøa dlat. if San Jose Ford Sales could .-plain tbeir error aad it was fouad to be boDafide, tbey abould DOt .. forced to pay a hoad p--!~. ft _a .oved by CouDci~ FTolida, aeconded by CouDci~ c:r_ aDd I - eel unam-sly that ~ i.Þa .. contiDued for clar1flcatioD aDd ~r discussion at the ~ r..-Iarly scheduled -tJJI&. M 10:05 p..., the MaJor ...1'1_ . rec..a and the _tillS -- r_ ~ened at 10:18 p... c-ent Calendar 39. Resolution 110. 2075: "A Resolution of tbe Chy Council of the City of CW....... UDO Approving Final Plan for the bproveaent of StcmIa Drain Lines: Authorizlag the City Engineer to SigD die Final Plan; and Authorizing Execu- tion of AgreSl!lIt b1 Connection therewith". 40. Acceptance of the following City projecta, perfo~d under contract, and authorizing the Director of Public äOrks to file a Notice of Completion for each project. a) San Juan \õater !fain West Valley Construction Company, Inc. b) Mary Avenue Extension Sweeney aDd Sons c) Sears Traffi~ Signals -- Ste~ens Creek Roaä__cl!e Road Islanè ~~1fication. 1. J. Zlrse 41. Acceptance of 2UDiclpal improvements in conjunctl~ ,-"ith the following project: Y .M.C.A. - Alves ::>rive It vas 1IIO\·e': ~y C.;>unci1man ~l, seconded by Councilman Green and passed unani=.:ously th..,t the CCDSent calendar be approved as s~:~tted. ~rt of Officers 42. City Staff Acting City ~lUger Ryder r~X'ted that tbe Cupertino Scene sagazine would be distributed by the eDd of the week ~itb 10,166 beiog sent ~ the residents, 1173 to bolders of Business Licenses with a few _tras. CC-!>2 Page 15 Id a_rd ontinued consent calendar aÐProved reports P.p J6 report e6 City "nried d1scuss1Þa i!ond hs__ ..:omments . . . Minutes of the Ci"ty "~1 Keet~, October 19, 1970 CC-62 Iteport of Officers <_" T~) --polllÜJlC to a receut &' 1 t for leg.l cluiUcaUon _ to .... t.pUcat~ ad r..tr~- panain111t to the proposed footk1cJae, "City At~ Wer8CIA '. .... t1Iat a letter had been r-.IY" fn. . law Un 1a tile ar. JI-?~ forth reasons vb)' this _dA._1AI .. ~ if ualaruaa- ." tile City. After consUeril!a ... S-_ 'dp~ _...I!CM ...11"].. 1& __ found by Attorney &r" r I t1Iat die case .....d._tad __ 8DC....-y stm. one. lie acW'" dlat lie _All .. K....tbla bt8 f.- .. et the next Planning C-'--' -iIII as n-& 'r.... JIr. ADdu.. coactm.clId8,.1 hUøa, c_tilll on . CIllO' ·-ct ree.ttly f-nad to Ida f.. ~ relative to the Stð _ f'&'J..hL.1- .. ..U, 18 Id8 ....--, the contract _s ilK .Jete ... -·-c...,uIIle to tile ClCy ia its present fora .Dd sua-tad t1Iat !fr. Avery line a .. .~ llafore he buys the port1oa fJf laIIII 1a ~tioa. Be ~ Jd -... MØ1ss1on of the State be obtaiDed i.Dttül1~ anoi ~terat'" tile ....1r.bility of ¡.rezoniDa. There vere :x) reports PI:" .... by 'lanniD$: Director S1sk or Parka an<! 3.ecraadon Direcuw Parham .t this tlme. Public '~:<3 :irector Yar~rough presented a slide of the tractor equipment :ece~tl)' deliveree_ He descri~e¿ the loader to the Council, :::>iicating that ::.e :.-::it vas of a hea"}'-duty type and should 1,..: t!le City for :£:1)' years. Chief Bu~:¿~~ Inspector ~~~ch indicated his desire to reply to a recent :::',-,iry lllade b,. C==ilman Green relative to location of tree. on the Rifredi prepsr:,.. He said Xr. Sisk and he listened to a tape re:.:-rding of the _t1D& durin¡ whie'> approval wa!l granted on Mr. R:::e¿i's applicat~ ~ it vas discovered that the trees vere ap~t':v"¿ to be plactee _ the inside .:0: the fence on this propert~ vi:h the motion ~ introduced by Councilman Noel .t that tiIM. 43. City CouncU- Councillu::. ';uen reported _ the Bond Issue, Propositions B, C and :> vbich t~ c.,uncU has been supporting, saying that the c~ttee bas been H:"y active (incl....1as Mr. Parh3'" and many volunteers) in di.tribu:i:g fact sheet., placing signs thr~ubhout the City and in _king preu::tations at _i&hb':>rhood coffeu 3nd P.T.A. meetiDgs. lie said a::. "~II. house is ~"'I"twled for No"""b"r 1st on the Daalco property :roc 1:00 p... to 4:00 p.m. at ~·h1.:h tlme coffee v1ll be aerved aDè a tour of the .':w ~. v1ll be pr""ided by the volunteer .roup. I!e added that the paltl1c is invited to see this proposed park dte. 111'. Creell also reported that .. had been asked by Nancy l'ertert to bring up the CupertiJD People's Opillion on Open Space "ional District. III continuing, c~--- i~n Creen requested the Couacil's MInutes of the City Council Meeting, Octobcr 19, 1970 &eport of Officers (coutiaøed) opinion as to official interest in the results of the survey. )fr. Green suggested a respoase be forwarded to Hrs. Jlertert in- ðir.ating a desire on the par~ of the City for the final results of tile survey. ¡¡beD available, aDd tbat thc' information acquired ~reby be presented to the Goals Committee for their perusal. Tbe suggestion vas entereà in the form of a motion by Councilman Green ....ich was seconded by COuuci1....n Fitzgerald and passed by a unanimous yote of the Counc~l. A 1andscapir~ progress repor~ vas requested by Councilman Frolich pertaining to the Straw Hat Pizza Parlor located on the Wilson property aud Mr. Benevich responded that he had spoken to Mrs. ~oodruff ,.ho iDðicated s~e ~~s looking into the situation informing him that the possibility ~õs presently being explored of cutting the islands, plac- ing six-inc~ ~oncrete be~ in the area and plantinB in the blank space bet.ee:: the Str~., Hat Pizza Parlor and ~Iike's Hero House. Reference .~s :ade by Counci1=an Fitzgerald to complaints recently lodged rel~:i~e to '~apping paper hanging in the windows of the fish market c:: :31aney Avenue ~"hiC~l had opened approximately six 80nths ag". ~~. Benc~i=~ i::~icated he .~U:~ follow up on the complaints and check the 5:t~a:i~n. In reflecti~; ~ôc~ to Ite~ ~~. 30. ~Ayor Stokes suggeste~ the per- sonnel sess:c:: ~< handled a: this time. \.... Unfinished ::u;o:::ess It vas move¿ by Councilman Fitzgerald, seconded by Counci~an ~oel and passed ~nani~ously that a personnel session be called at this time for t~e ,ur<ose of discussion pertaining to contractual relation- ship bet~een the City Council and the City Attorney. Tbe Mayor called the personnel session at 10:32 ~.m. and the Council was reconveced in open session at 12:14 a.m. Adjournment OD a motion of Councilman NOel, the second of Councilman Fitzgerald aud a unan:=ous vote of the Council, the ~yor adjourned the meeting to 9:30 a.:. on Saturday, October 31, 1970, to be held at the City BaU. APPROVED : " .. /s/ Carv G. StokeR Mayor, City of Cupertino .A:.n- &;) I : /./ \Ia. E. Ryder City Clerk CC-62 Page 17 ccmplair.ts åiscusscd adjourn:nent- personnel session E'etinR adjourn~ent ~ I