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CC 11-16-70 ,r . .. :;",e I' < f t f, ~ "CITY OF I,U':.L:"'õO, State oL Ca11Londa J0300 Torn beD"', CUpertt.o. Ca1Uornia ~hone: ::SZ-4S0S :u.I\Ou$ or TBI!: - BU;ll1'IG OF THE CITY COUReD. BEL» ...."......u 16. l!"'A ø 'lBE OOUNCIL CIL\KBER, CITY BALL ~_---_.. CALIP01UfU . '... _tin¡: vas called to .. - ~ Kayar Stokes at 8:02 p... .... the , uy-Llage ..as sub.ecau-c17 181 111 the flag salute. ~u Call CDaDc:U.er:. 7~sent: P1~ Prol1ch, Green, Noel and Mayor Stokes. ø.o atten;~-i: Act1na C~ty - ler Ryder, City Attorney sA , PlaDllinlt :::7t:tor Sislt, As~ Planner COIo"an, Public Works Iìirecto::- Yarborout:"-. :::ief Buildiq :",.ttor Benevich. Parks and Recreaticrol Director P..='"....... and Reco~ 5ecTetary Dolores Ilh1te. ' JUDutes c: :"ot Previous ~4__ 1. A;~roval of '" 1.. of adjourned regular _et1na of :ctober 31, 1'70. 2. A,."1'roval of m.ac_, of regular :eetinll of Ilovellber 2, 1970. 3. ,\~proval of ~1 I.. of adjourned regular _etin¡ of Joveaber 4, 1970. 4. A;>9roval of !!1.ItCes of adjourned regular _eting of Joveaber 5, 1910. It va. 1I~~ :v CouncilluD Pro11cb, seconded bv Counclllll8l1 GreeD and ....ed by .. ~n1mous vote die !UDutes of the ;"etings of October 31, .....ber :. Jovember 4 and"_ . er S, 1970 be aptlroved as subaitted. 1fritten ~icationa S. !roll Rinehart ... YaDderlaan Realty CompanY of S_ Jose !or refund of r ..J "ilding Permit fee of $209.94. Acting City '!.3nager Ryder ap1aiDtd that, upon the recoaseDdatlcm of tile City sa:f, a Bulld~ P--ft vas requested by and issued to UMhart a:>! .aDderlaan for _truction of a P-W Karkat adJac_t CD rayless. tnaDuch.. 60 ..... bad expired before the C01Struccion .... 1Ie&un, !:Ie continued. . & 1 f_ vas cbarled in the ~-c of 1232,7S (i:s:ead of $209." _ sIIoIm) and, subsequently, it he.! "-en requested that are"" .. 8aCIe of this SID. Øe 1Dd1caced ,lIIat it vas the staff's f-H~ that refunding of this _ ~d .....r to be ada1.s1ble 111 dd8 iJastance. - ...-0, ~ ø c,I .... - CC-67 roll call minutes a..!'roved refund requested .... 2 nIp"~ . f ..!I corres discu..ed !oic:yc1e ~ requeatecl . . n...... . er 16, 1970 ~-67 ~_ of the ~~ C lkUeen c--icat~ ( - ~ It ... leII.rally iDdi~d'" tI7 die ....rs prant thee, f die penit _ taken oaC he 1M 1tuilclar's benefit, the J: ~1D& _ not juaUR- fa dda iuUKe, ~.. - .a1 1M 6. rrc.Sus_SI.& laMs. I f1'ting discuasion OD poe8Dk 1Þic:yc1e Af~er a brief d..criptiAa _ p_ by Acting City ~ ..-.,.. ~ti". to the above-d~ ..cur, the discussion - CIIIt" I a t>D the Oral ec.aun1ea~ ~ of the _et1q. Froa Richerd It. _ .eat1q objections to ~ d_1III of Stonydale Dr1_. It vaa indicated by Hr. a,.Ier tbat this it.. had been broaabe to the attention of the City ,.....-.11 for inforaation purposes oaly. 7. 8. Fr013 the fol1Gv1Jlc three organizations: a) ....riean Asaoc1a- tion of University ~, b) Cupertino Kembers of c:-1ttee for Green Voothin. and c) League of Women Voters of Central Santa Clara Va1.ley -.rocating favorable action by the City Ccuncil on a req -e for creation of an agricultural or..ene. i I I . ¡ t ~. Ryder enlailled thet tlda it_ had been placed on the qenda for ~~scussion at a later ti8e ~ the meetina· 9. FrO::! Cupertiao '.epablican WOllen'. Federation ezpressiDl their a~Dreciation to the City Council. In reflecticon, Mr. Ryder: -ted that this letter had been rec_tly received fr= the Reoublic.a: \õomen's Federation thanldDf the City for ali.CIIo'i::¡: them to establüh a temporary headquarters at St."ena ~reek Bou¡e~ard and B1g~ ,. At the conclusion of the 41.=-51on of written co....nication., it vas 1I>OVed by Ccouncilman Noel, seconded by Councilman Green _d N.sed =animously that the c i~.tions received be acc81lted for filt... Oral Communications 10. Request by Co-··'" Calendar. for removal of it_ fro. the Cofta_t There vere DO requ..ted f",UC.ced at this tIM. 11. "'ritten u¡ -CAes- from Susan Stravn r_t1q discussion on possible bic,ck laDaa. !Uu Suaan Straw, 1513 JIøy __ue, Sunnyvale, c_ forvart4 froll the ....ience at.ting thee she 1a a .tudent at DeAnza Coll..e ancI,in the faeer..ts of .U.iNtiDa po~ion and for exercis. ,...zpo..., .be bad Minutes of the City Couøci1, Noveøber 16, 1'70 . . cc-67 Poll. 3 Oral CoIauDicatioDS (coat1aued) been ridiaa her bicycle to school on a daily buia. In ridinl her bicycle down Stel1iJ1c IIoad at about 8:00 ...., abe obaerved the traffic to be very heavy aacI __ DOV .uueatinl the posaibility of biC)'cle J_e be1Dg placed aloaø roadway~ in the aTea for the safety of bicycle riders. She iallicated a sugg_tloD bad beeD _de to her by other ecmcerned dtueD8 that a portioa of the emergency lane on the roadlrays cou1cI be CODverted into biC)'cle 181We. She c:onc1uded by saYiDa that thia _ld be a necessity for the future aDd ....d thet the Cowen give it _ thought. Hr. Ryder _s request" by the Mayor to aab arraaa_nt£ for a _et:l ng between the Parks and "creation Co_isaion, Public Works »i,rector Yarborough and Mis. Strawn for further diac:uasion of this _tter . ,. that the matter then be referred to Hr. Yarborough for cGncIUJO. study of a &yst_ beiDa initiated throughout the City. Reoon of eo-isslo_ Council ReJoresentativea 11. Transportation Policy Committee - Mayor Sto"s Accordinl to Hayor $tobs, there had been DO meeting held of this co.Dittee. 12. PlaDDiaa PoliC)' Coaaittee - Cowcilman Fitqerald It v.. reported by CouDcilaan Fitzgerald thet a ..etiftl v.. held l..t Thursday of this c 4ttee. He .aid the study is .till _t for racelp~ of additional inforaation frea the planner.' .roup and tba city aanagers' arovp in the County and would DOt be ba~k to the citi.. wUl arowMl tile first of the year. ~ h810n report. pr..ent.d lie CODt1D'~': ~y CQ V"tiq that a _ it. had been broulht U1I 011 tile ....... nl.1tive to tile cr..tion of aD Airport !.aDd c:n-ia.iOll whicb ha been suaaated for ..tabl1shllleat by _ lqislaUon at the bqiDniaa of the DIV Y"z, It had been sua.e.ted, he sl'id, that the PlaDDiaa Policy C tttae .tep into thia po.ition ina!~4d of ..tabU.hiDg a _ orpn1aatioll, He added that this .u,.e.tion hed the endon_nt of the Board of Suoervisora who felt that the ~ttee vas the riah: body,inaSIIIUch aa it _s already constituted, to taka over this DeW e~SSiOD, The matter viII be before the full body of the P1_..ing Policy Coømittae and the Inter-City Cowen ill the near future. 13, Inter-c1ty Council - ~yor Stoltu ~ ~yor reported that DOne of thf'! C!>uacll _..era had been pr..ent at the ..eting receacly held; hÙIol!'er, Mr. Siak attended the _et1q aDd had previously praented a report of the proeeedift8s at SAid ...tin¡ . SD, .00 Peae 4 further report. .....l1co Perk ~"tended _ Uscu.sion . . _tes of the City «:00-11.... . ar 16, 1970 c:c-67 - . ~ It of 000-4-1_ ( ~ -4 I) 14. '-1M of c.1Uonda ClIof- - Mayor Sto1rea ~. _ _ ,nt.. heW of tide PÔUP. accorcl1Da to the ~p'r. 15. ù-faUoa o£ _ ~COfto,_t8 - ~, Pnlicb a. dt.a Frolicb 1","-- tIleD ~eI H a -tiDa lIeU DIancJay ~ 4na of A.B.A.C. 16. naocJ Control ~ Co-4..ion - Ccr-'11 IIDe1 17. Santa Clara c.. ":J'Vater ('_heiOlo - eoo-n- IIoel It vu reported by Ccr_n ..1 that DO lIIfIetiDga hacJ ~ helel of either of th..e C'--~, 18. Solie! Waste ç. fttee of Plasmi<ll Policy ec-ttt.. - Cowc1lman Gr_ Councilman Green aftDOUllCed that there would be a .eetina on Decelllber 12th for the purposes of d1s~sina fuucJiDg for the solid vaate dispo.al .ite feasibilit:-r stucJy which the Plamún¡ Pr,licy Comait~ee Solid Wute Sub- ~ttee had been in the proc... of investigating. Ie~e of the length of the report, !fro Green BUllated that each meeber of tH Council be given a copy for revlev anð that each give 811 inelication at the Mxt m..Un¡ as to their feeliug. concerniq whether the City ahould or should not participate in ~h16 funding eo that be, in turn. could take word back to the coaa1ttee at their Dec..ber -tina· Plaftnlna Conai..ion 19. 5uba18.1oo of !UDat.. of !fo..._er 9, 1970, 20. Val1co Park: Def1rlJt1on of int_ded U..., Plaaned DeYe1_ :lent ZoDS: To couider the clelineation of the pro~ed ..- withia the co~fiDea of the P (Planned DaYe1opaent) &one of \'allCO Park. The pr~rty coatains 361 acr.. aDd is I_rally located 80utharly of Hø.estead ltDad,e..tarly of Wolfe I08Il. &lid northerly of StevellS Creek Boulevard. Approval raC:1 lahel by Pla_iq c-ias1oD aesolutioa No. 819 on lIov.-ber 9. 1970, !fro Valter Warel, General MDaler of VaUco Park, -=- fontard relatilla that the original deve1o,.ent plu ves originated in 1965 aII4I Vila _ded ollce in August of 1968. Be pointed out different ar... on a Yiaual aid, indicating t.re _re _ changes frolo1 the or1ailY1 coneli- tiollS imposed 011 Vallco Park, that the landscaping, height restrlctiona, etcetera ,",'Quld be the _ aDd that this presentation v.. only for the purpose of upclatiq the pr."ious us... )II -.. of the City ~UDdl, "'~r It, 1970 ~ f~ C-hsion (conti_d) M lids tiM, Plamrlng DirecÞr St.k indicated he had noth1D& to add _ I that the actual zoaiJlc ... a 1.1 not be changed in any way aDd .... _ ODly a ..tter of 1IIC .. I.Dd uses. B _ Moftd by CoUDcn.... 1Ioe1. .1~)Aded by Councilman Frol1cb aDd J ¡A --.-_11 that a JII T" Order be initiated 1udicatiøs aar-- ~ wlda tbe Plauninl Co.. 1_- :Iesolution No. 819. as praeatecl. ... ....-tural and Site ADorowal C Ittee 21. ~~'..ion of 1tIaae_ of Bovember 4, 1970, 22. lec.~datiOD for approval of Application HC-SI,OlS.4 of linden Neon for a dp for The Paper Doll, Inc., located in the Cros.roe" SbopDing Center. 23. "~nd4tiOD for 8J'Proval of Application HC-Sl,O:,S.S of ~cFar1ane · s c.M1 _ AllYert1sing Products to erect a .ign located in the Cru.sroads Shopping Center. T -.. as Itea Nos. 22 aDd 23 vere related. it was decided to discus 1IotJa ac:tio1l8 at the s_ tt.e. PRUc Vorb Director Yarboroacb reported, while showing slides, that U. .~ 10 botll applicatioaa _re 1u conformance with the Sign Or.H-e and &!'proval had b_ re~ended on the cropy only. £leer a brief discusdon, it __ 8Cn:..d by Counci1au Noel v1th a u c .. by CouncilaaD Frol1ch that AppHc'lUon Nos. BC-SI,OI5.4 and Ie-S1 .015.5 be approved. ~: Couadl_ FiUI.rald. Frollch, Cnn. Koe1 ancI ~)'or StoJre. ....: Ilona 24, lac .","atiao for -.pnnral of ,~lication 1IC-51,246 of Vaatern Si.- to erect. sip ft'r "11809 Carpets and kapert.. located De the IIOUtbeut conwr of Sllverado "".... ancI Saratop-~ale load. )Ir. Yarborough r81'Ortacl that thi. iOip vas in conforaaDce with the SSp Ori1DaD.;e and had b_ pfO~ed for plac_t in the center of ~ face of the store bulldiJIII. lz _ -.e.! by CoUDdllua ...1 aDd .._ded by CoUDdlaan FroUch ~ Application HC-Sl.246 be approvecl a. pre8e1ted. .. .. ..,..: Counci:t.en FiUI.rald, FroUch. Creen, Noel and Mayor Stoke. _: 110_ ";-0,6 DD CC-67 Page S )finute Orcl.r indicated BC-Sl,OlS.4 , HC-'il,OlS.5 aptoroved IIC-S1.246 .ytproved P..e 6 BCo-51.1Ü .. þI'.b4 L t..· -,~.; appro..,al d Be-51,14' DC-51.242 approved . . - .4_ of the City Co>"'K'n.... . sr 16, 1970 CC-6i AnIIUec:tar&l _ Site """.__-1 (: 'tte. (coøtiDaed) 25.... 'Its. for -rr~....al of Application BC-Sl,14' of Coa- eoUjated - ·lp_1 a......CiOD, dba Pl_t Vi_ Cc___1ncat ~tal. to s.c.u. . wIlt-in fnaa' w.&ted _ l'ooda111 ~ aM .... .... . ..... ~ .U..... JIr, T_ A ii- po1Dted u.c the ana _ ~ ~ .'~ bod1..... 1IIa1cla _ p1 . for a valk-1D f~er f--11_ttAa. ....u the appUcaœ .... ,.1 . to atllDd the f_e to 'IV . -n die ~ ' r- v1û Aiel f_ to .1aIII Ia vitia the aiatilla ....1M~. . _tf-.., lie ea1c1 die 1 - .1Da plan hacI Me ~ ~ tbe .taff ... _ to 1Dc1ode lIoU.. 04 ~p-Ts aDd IIatbone vith c:arIÞ_ eaparat1118 _ from tile park1na _. CIa . _tiOD ~ Coomc1~ IIDe1 ... a .econd by Counc11aan Prol1c:h, ~.J1fC8t1OD ø:-S1,143 _ p--" _i-WIly, 26. ]L,,(.-..eAdat1on for -.....__.1 of Application øc-S1,242 of AaCO (A:!.mtic R1claf1eL1 "~DJ) for aut_bile service station 1=>::::ding arcb1tecblre, landscapilll, lightiDa, valI.. .igna ~ irrigation SJSc.a. located at the southwest corner of :x:~Hl Boulevard aIDd Silver Oak Way. t · I ~ j C j !!r. DeDDste:- i::!icar.ed that tJ:oe following had been acc0llp1isbed in ¡ accordance ,,"i:~ su¡:gestiODs ~ previously by the City Council: : I} to attac~ ::-:." canopy to the ~.ålC:ing, 2) to lover roof, 3) to : o:¡tline tr.e ~.;¡:-:i:'.11ar pl.:1t~., ~rot>Osed with the American _s .. : _:'1 as the :.1:~:: names and I.) tc clearly shO\." the dope of the ; pu~rty. Ee ::::duded hie c!escrl:otion by indicating that the ~f ¡ Cl"Nrballa be': :ee:: increased to 5 feet around the buUcI1fta. ! Is r_ponae :: .....yor Stoke. iDndry .. to building uteriaI. proposed. :!!r. D.pste:- er.-:ained that .l~stone vou¡d be used and that the : ~.ide fit:~s:-:' u ",·..11 as the t1:& would be a¡-proved as to color j ¡,y the 8ull~~,,+ ;)e:-art8eDt ODee it v.. obtaineel. ! : It vas IIOve~ :-:- :.::unc1l_n !(.:..l aec! seconded b" Counc1laan Creen that ~ .&;:1Jl1cation x. 51. 242 be appr'O'W'ed. IA~: 1Ioes: "1"rings _~" :oresented by !!r. Yarborough, after vhJ.ch Hr. .J. Robert . ster (rr-:-uenting the avp11caat) 20325 Stevena Creek Boulevard, rertino cc" :,oN,;rd from the audience. CoUDc~~" Fitzs&rald, Fn>lich, CreeD, lIoel and Mayor Stou. IIODe Pañs and !t.e~~u:ion eo-t..iQa 27. ~ssion of lU_c_ of November 10, 1970. I - - M1øates of the City Council, ~vember 16, 1970 Parks and RecreatiQn Commission (continued) Parka and Recreation Director P~rbam commented that tbe .eetina held ~ tb e week had proved to be the best meeting held in quite some tt.e. He continued by saying that tbere would be meet1D&a in the w.-.e to be held at 7:30 p... on the secoDd aod fourth IIøadays of .-it _nth. .. _id that a suggestion vas -.Ie at tbe _eting that OrdiDlmce 303 .. .ødif1ed to include the DeW responsibilities and area of concern DE die denartllent and indicated they vere actively seeJdøa participation ... representation of youth.. veIl as the Sheriff's DepartlleDt,vben .r .. d, at their me ~,tings. Ac drl.s t:IJDe, the Hayor indicated be vished to read a letter from Ik. Stocklmeir on behalf of the Board of Trustees of the Trianon ~aadation, Inc. expressing their apnreciation for the City's efforts 111 connection \lith Proposition Bond D. Warer Commission 28. No meeting. Library Co~!ssion 29. Sub~ission of ~inutes of November 4, 1970. C~rtino Citi=e~s Goals Co~ittee 30. Su~!ssion of Min~tes of Goals Committee of meeting held Nove=ber 10, IS70. 31. Sub=issicn of ~~nutes of Steering Committee of meeting beld Nove:ber 10, 1970. Public ¡¡earl~~s 32. ~ne. CTdinances 33. first reading of Ordinance No. 467(a): "An Ordinance of the City of Cupertino Aoending Ordinance No. 467 by the Designa- tion of Additional Stop Intersections on East Estates Drive at Raarpart Avenue aDd Glenviev Avenue". ..' .. It vas moved by Councilman Frolich and seconded by Councilaan Green tbat Ordinance 467(a) be read by title only and that the Mayor's ~iDl of the title constitute the first reading of tbis ordinance. ..,...: Councilmen Fitzgerald. Frolich, Green, Noel and Mayor Stokes ....: !loDe 50~ 10°'" CC-67 Page 7 arks and creation epørt various Minutes recognized First Reading Ord. 467(a) .8&8 1 .... 2011 '-J..,.,.....t.. .... 2082 approved ~i1son ?a:-r report discu.sion continued . . Minutes of the City Council, Wovemb.r 16, 1970 CC-6i ~lutions 34. NQ. 2081,.. "A Jtesolution of the City Ccnmcil of the City of Cupertino AlloviDg Certain ClaD. and n-_M. Payable in the Amounts and frwt the Funds a. Hedoafter Described for Salaries and v.a.. for Payroll EndiDa Rov"'ar 3, 1970", After a reading and "'cripUon had been ..de by CouDcllaaD Fitzgerald. tt .... moved by CoUll'..n- ~l and seconded by ~laaD Prolich that -.olution 50, 2011 be .r.... ..: 1IDee: Counc1laaD P1tzP'f'aU, Prollch, Green, 50.1 and ø.,Gr Stab. RoDe 3S. 50. 2082: "A -.solution of the City ~l of the City of Cupertino AlloviJlC C.rtain Claiu and '0--,..1. Payable in the Amounts and fro. the Funda a. Hereinafter De.cribed for Mis- cellaneou. and General Expenditure.". Councilman Fitzgerald read and described the re.olution, after vh1ch it _s moved by CouncU,lII8n 50el with a second by Councilman Green that aesolution So. 2082 be adopted. Ayes: Councilman Fitzgerald, Frolich, Green, Noel and Mayor Stokes !loes : None ~ufinished Busines. 36. Status report and recommendation relating to Wilson Park. Actin~ City Xanager Ryder indicated that he had mel with many people, from the ?~=-ks and Recreaticn Department, citizens, and representatives of the S;',,'~:'ff·s Departoent regarding the existing problem at :-!l1son Park. ~e said there was no one cause for the situation and, therefore, no one sol~tion could be offered to relieve it. He then cited portions of his re~~rt,a copy of which had been previously forwarded to the sembers. Councilma~ Green requested that, due to the length of the renort, addi- tional ti~~ be allowed for review prior to discussion of the findings. The Mayor indicated his agreement in this regard and asked that Mr. Pyder also supp:y the Parks and Recreation Commissioners with a copy of the report and inform th~m that the City Council would be discussing the matter very shortly. It was also indicated that copies of the report would be available to the public, unon request, at the City Clerk'. office. It was moved by Councilman Green, seconded by Councilman Frolich and passed unanimously that this discussion be continued to the next regularly scheduled meeting of the City Council in December. - .......t_ of the tit)' Council, Iio..-ber 16, 1970 1IdiabIIed Busiœss (continued) ». Stat1l8 of DI bdto Station IDIP. .. I .~ City HaDa¡er Ryd.r r.ferracl to h1a recent report to the ItaJor .. a.. '- ue of the Council, iDllicaUDI the the license bad orl&inally .... fa the _ of the Auuraace Sc1eDc.. FOIJDelation with the opera- ts.. fd the Radio Club uDd.r the control of its Bond of Directora, . -,: four principal part:i_ operating the nation, repr_enta- ~'- the Cupertino .Jayc.... aty of Cupertino - Parks and ltec:r..t1on -..1 't and also from the AsIJUraDC. Sciences Foundation. Be Aid ~ . I -iUer is to be located OD Kt. U1IIunhUIII and a reI.... is 1n ... pzuc:es. of being signed 1n tb1a regard. Ia ~fnuing, he said th. Club should be in o'Peration in .January of D71. .... 'all equip;:ent donsted is tbe property of the Radio Club. The ""diDg, itself, ~~th improvements, 1s the proDerty of the Cupertino Rater Departme~t and under control of the bond holders at the present dae. Ikyor Stokes questioned insurance provisions to ",hich Mr. Ryder answered that the City is liable for fire insurance, liability insurance and .-y other insur~ce inside the building, including eQuipment. It vas sa&a_ted by t~e Y~yor that a meeting be held ~~th the Directors of the Ra410 Stati:~ :ecause of much misinformati~n re~ardinR the involve- went of the Par~ a~d Recreation Depar~~ent in t~is venture. Parks and Recreati~n Director Parham commented t~at in the development of the progra:, :::e Parks and Recreation Del'art::ent "'as concerned only with the operati~~al rart of the UDdertakin~. r.e said that, as time veDt on, the ~~~i~ Club solicited co-s'POnsorshi~ and became involved 18 a ...rch f~r e:uircent and capital funds resultin~ in the Parka sad aecr..tio~ ~~art~ent becoaing greatly 1nv~lved also. It ... requested :y ~yor Stokes that the Directors of the Radio Club be DOCified that t~e City Council vould like to ~eet with them sub- ..qLeDt to a ~re:i:inary meeting of the Club ~~th ActinR City Manager ~.r and Parks ar.d Recreation Director Parha~ relative to the resolu- ~ of existin~ ?roblems. It vas further reQuested that a c0'PY of the 41acus.ion at said ::eeting be forwarded to City Attorney Adams for his r~ew as to le~ality of City'. entering into this type of arrange- _t with the Radio Club. 31. Report on propo.ed speed limit on the Saratoga-SunnyvalE< H1ghvay between Søbo'.and the Catholic Church. 1'IIb11e Works Director Yarborougb reported that contact had been ..de wt.th tile State Division of Highways and a study by,¡hat or.Jan1z.tion Is, "ing. It vas suggested by the Mayor that Mr. Yarboro~h iaprea. die t.portance of the City'. need in this regard to the State Divi.ion fd ...,....,. and follow up on the .tatus of the situation because of die 1IJcn1ng cOllpleUon elat. on the library facility. ..s D, "ð ø CC-67 Page 9 lKStation J:IQJP report Radio Club discussion further discussion indicated traffic discu.sion I . . Page 10 9-U-70 ~ents ~!>ar Lap :=:provement ?rcject iiscussion . . !UDut.. of the City Council. JIo.~ber 15, 1970 cc-67 1JDfiDiahed Busi_ (cont4 I) 39. S,.t_ reJIOrt _ u "ftions for 9-U-70 req_tilla .._..1 of billboard alp. JIr. a,cIer ......ted that tile Ail C lilts 1D'IoI..... 1D tbia 1JH .....t .. forvercled to City AttorN)' ... for his mi.. f___ .. die dtaaÛØD bad aris. orir-'ly __ City AttorMy AllcJerRD _ vitia tile City. Be explained it __ a _tae ~ tile ouaer of the Vae 'uait ~ tile lad and,further, that tban Is a 1.... with the ~rcial rip c . ~ 1Dd1cat1D& tldt to be 1D effect for 10 years except if a 1I-41.1f.. or other ..tabl1~t is construct". Be said that it requires a ~f of . IluUdin¡ Permit in order to - .1 the 1.... ad it is a ~tion of weth.r a I:se P.rait is the _ .. a Buildin¡ Pera1t and what the City can do to force cancellatløa of tbis lea... ø. then ..ked that the matter be postponed to gi_ 1Ir. .w- a chance to review the te~ of the lease. Chief Building Inspector a-vich commented that at the tiae the - Sign Ordinance was put iato eff.ct, he inforllted Foater-Klei.er that their billbo.ud vas in violation. He said a cOllllluoication was received ¡ from Foster-Kle!ser indicating they would not copy on the aign and, I since then. they have used ..ay new copies. He concluded that he va. about to issue a new order tD them wh~n the matter came before the I Council and has put off aending any communication to thea 108nding I comm.~nts !rc:: the City CoUDeil. . Mayor StDkes requested a copy of the letter as well as all other document. I ¡ involved ~ fDrvarded to City Attorney Adams for his review and comments. I 40. Status report relating to Phar Lap Drive and Stevens Creek I 5:~levard Improvement Project. I Public "DtÌts Director Yarborough referred to a report which had been nreviousl~ fcro'arded to the Council Members, indicating that approxi- mately one ~~nth ago the City Council referred the matter of a walkway in the P~r Lap Drive area back to the staff and Planning Commission I for further study of possible alternates, Dne of which was to provide for imprc\~~ent of foot path alDng Stevens Creek Boulevard. This project, I he said, ~asi~ally called for a widening of the road on the northerly , side .110"& ~ith extra fill 10 the area of the right-of-way near the bridge. He continued that, during a discussion of the Planning eo-ission, cone em was voiceè 3S to people valking within the existing structure area. It was suggested, he said, that a path be nlaced adjacent to the slope with a railing su?ported by a strona post arrangemeat, While referring to visual at..., he reported that the coat of .aid improvements would ~e approstaately $IS,OOO for left-turn chann.li..- Cion, $S,OOO or less for the bridge, and $2,500 for the guard rail and bulkhead area for a total of $22,500. ltImttes of the City Council. 110., "er 16, 1970 UafW.bed !usÙleSS (continued) ID concluding, he indicated that the County suggested in order to .......1:If)' !.pro. InU aacIe the City al»uJ.d proceed witb tbe bd,dge lie tb1s tille. Be chaD reqv_ted adY1ce frOlS the CouDc1l as to bow to proceed in tlds utter. ~..r Stobs asbd if the '1"01 ne4 footbridge had beea placed on tile ,1aDD1ng ec.ùss1on ...... to vb1ch Mr. Sisk indicated it bad ... 1IIOUld be heard on !foyt "'r 23rcl. It was reoue.ted by the Mayor tllat tbe suggested cbannaUzatioD be clealt witb ~ediately and that a copy of Mr. Yarborougb's nport be presented to tbe Planning Co I-don for a possible IIOlatioD. It vas indicated by Councilaan Green that an exoenditure of $7,500 to a1leYiate a problem such as thia .... quite reasonable because of tbe ~ people, over and above tho.. in the area, who would benefit. Be said he would like to see to it, personally, that an investigation be continued, in detail, of the plans to include foot traffic over the bridge. After a su~gestion was made by Mayor Stokes that the feasibility study be extended t~ include the top of tbe hill, it was moved by Councilman Frolich and se~onded by Councilman Green that the staff be instructed to proceed ~i:~ ~reparatiOD of drawings, etcetera, for the channeliza- tion and that :~ey investigate the possibility of continuin~ this towards the ~est and, subsequent to the matter being discussed by the Plannjng C~==ission, the item'be returned to the City Council for additional co~ents and recommendations. Ayes: Noes: Counci::en Fitzgerald, Frolich, Green, Noel and Mayor Stokes None 41. Re~uest for creation of an agricultural preserve under the Williamson Act by Mr. Vincent S. Garrod. Mr. V. S. Gar~~d, Mt. Eden PDad, Saratoga, indicated that the purpose of the request ~ade to the City of Saratoga, County of Santa Clara and City of Cu;ertino was in an effort to k~ep land in a recreational use for protection of grazing, riding and hikin~ areas. He further indicate.' that approximately 40,000 visitors come to the' ranch each year and suggested that an ordinance be enacted to allow for this preserve. After a brief discussion, City Attorney Adams outlined the steps nece.sary to ~rovide for an agricultural preserve, as follows: 1) adoption of a resolution initiating the procedures by which applications can be made for property to become an agricultural preserve, 2) if application is then made, it is referred to the 'l-.nfng Department for a report within 30 days, 3) if favorably acted upon, the City Council CaD enter into a contract with the p~rty owner r..trict1ng the use for 10 years or more, He said .s~"c;ø CC-67 Page 11 further discussion further study approved atr:lcultural "rp.servp. requested .... 12 , t first Reading prd. 389~a) - . . 1Iiøt- of the City c...A~ll, lfoveJlber 16, 1970 1JtIff_h'-4 ....~ (_Cia"-) a .øÞ¡.ra of t1aU cy,e .....Uy ruulta 111 a raclactJoa of tba ta.. that tile pnpertJ ... MIl ... CaDDOt be cucel1ec1 _cept UDcIer paulty ... afta' cenaia ,. -'''' 1aaYa baa _cia 111 a public ~. It .. øp'.f--f .. CI&7 ACton., ~ that. s1Ioa14 che !all -- lie ".. tbaD 100 1ICftI. _ aHap8 c1auee could lie _t14-_. !fr. Ganoð i1ICøjec:tecl that die CIt7 of Saretoga bad ..tab11shed 20 acna .. a .4"- in tb1a t -1 . , c:c-67 'ilia IIaJOT avaae-t" dlat the City AttorM)' and the P1_.. Director be iDsCnctecl to p~.J I. . resolution for the purpcMle of cr..tiDa thie aaricu1tural FUU". for presentation to the City Council at their nut _eting. Be ~cioned the "10 years period" clause to ¥bich !fr. M_ respollMcl that, in essence, 9 years DOtice would have to be given. 42. Discussion of possibility of 7:30 p.m. starting time for Council Meetings. (If approved, see Ordinance No. 389(a) below) First reading of Ordinance No. 389(a): "An Ordinance of the City of Cupertino Amending Ordinance No. 389 by Establishing 7:30 p.m. as the Time for the Holding of Regular City Council Meetings". After confirmation had been made that the suggested time would not be an inconvenience to Councilman Green, who had voiced his reservations at the previous meeting concerning the new tlme, it was moveJ by Councilman Green and seconded by Councilman Noel that Ordinance 1389(a) be read by title only and that the Mayor's reading of the title constitute the first reading of this ordinance. Ayes: Noes: Councilmen Fitzgerald, Frol1ch, Green, Noel and Mayor Stokes None 43. Question of liability for the reoainting of HOD tank. Mayor Stokes indicated that this item would have to be referred to the City Attorney for his comments and interpretation, after which Mr. Adams commented that he had cet previously with representatives of Pittsburgh- tank Des Moines Steel Company and subsequently discovered two problems: nts I) question as to responsibility for the problem insofar as Pittsburgh- Des Moines is concerned and 2) a desire on the part of the Engineering Department to modify painting procedure on the reDainting of the tank. The City Attorney continued that he had worked out a tenuti)1e solution that would be acceptable to both the City and Pittsburgh-Des Moines Steel and would present a specific proposal next Monday evening. Mr. Yarborough advised that Pittsburgh-Des Moines Steel was responsiblo for the full extent of the contract for replacement of the existing painting system, bovever, the season of the year and the cold weather Minutes of the City Couøcü. love"ber 16, 1970 . Unfinbbeel Business (COD~1Dued) voulel ..te it at.os~ ~..ihle to replace tbe syst_ at this time. Be conclucled that aaytb.1.Dz over and above tbe contract would have to he paid for by the at}' in his undentaneling. City Attorney Adams aade additional clarification by saying that the Pittshurgb-Des Moines Steel Coapany voulel reserve aay rigbts to proceed vitb legal action to eletera1ne their rigbts but woulel not receive payment until sucb tt.e .. a proper juclgment is presented in tbis regarel. Consent Calendar 44. Resolution 50. 2083: "A Resolution of the City Council of the City of Cupertino making its Order Describing the Boundaries Designated as 'Phillips 69-13' to be Annexed to the City and Ordering Annexations to the City Without Public Hearing as Provided by Law". 45. Resolution So. 2084: "A Resolution of the City Council of the City of Cupertino Accepting a Grant Deed from the County of Santa Clara of Approximately 1,076+ feet, Located at the Easterly End of Fitzgerald Drive, Northerly of the Inter- section of i:niversity Way and Alhambra Avenue". It was moved by Council=an Xcel, seconded by Councilnan Gre~n and passed by the following vote that the Consent Calendar be approved. Ayes: Noes: Councilmen Fitzgerald, Frolich, Green, Noel and Mayor Stokes None Report of Officers 46. City Staff While referring to his report, Acting City Manager Ryder requested permission to proceed, in cooperation with the State, in giving an estimate of the population of the City. He indicated that our present estimate is 20,899, the State's estimate is 19,5OO and the Federal estimate is 17,736 and further requested permission to obtain an estimate as of April I. 1971 from the State. It vas so IIIDved hy Council..n Noel ;:'\d seconded by Councilman Pitzgerald and passed by tbe following vote. Ayes: Hoe.: Councilaen Pitzgeralel, Frol1ch, G1:'!en, Noel snli :'fayor Str:œs !lone Jo"l.ØO cc-67 Pqe 13 onser..!. alenèa:- !>J'rove:: report presented population estimate approved r .... 14 . 1't1Do ..... bllU.... ----- ,;:3tUS change .,.."roved :':J,rary '~=ct:ural :::ange ccroved . . _t. of tblo City Cøuf!d.l. .......r 16, 1970 CC-67 · rut of Offic:ers !con..f ~ 1Ir. "".r indicated that a ..tl1f.. bad been receivecl for pabl1cat~ of &:be flnt iasue of the Cd' J u.ø S..... which inclucJed - acra .:haqe for eclditional copies -...4.. to $300.49,over and aboft the orlPDal CGDCraCted IRa. Be req_ce.I approval of the additioual charp by the City COuncil so that pay .. c:oa1d be _de. Mayor Stokes coaunted that be and Councilman Green had a -CiDs .clI...,1ood with Vanlt, Wll1f aad Reylan, Inc. on tbe fo~ V.....day, November 18, suca_ting the matter be brought up for diacusslon by'Mr. Ryder at that t~. The Council 1I8S informed by Mr. Ryder that a request bad been _de for a change of status of t:he position of Building Insnector froD part tiae to full time because of the bIcrease in workload of the Building Deoart- _at. He then recoDlDended the City Council' s apDroval of thJ.s change with the pro~er appropriaelon of funds for Salaries, Wages and Employee Benefits for t:ne balance of t:be fiscal year in connection with said change. It was so !!loved by Counciùtan Frol1ch and seconded by Councilr Fitzgerald resulting in ehe following vote. Ayes: Noes: Council=en Fitzgerald, Frolicb, Green, Noel and ~Ayor Stokea None It was pointe¿ out by Mr. Ryder that: a contract chan~e order for the library had ~ee~ submitted by the archit€ct ~hich calls for relocation of ~e door i~side the building and the abolishment of a 7-foot parti- tion at a tot,,: cost of $352.00. He said a letter had ~een received fro~ the Cour.ty Librarian, subsequently, ~~ich indicated that he would assume resr0r.sibility for Fayment on this change instead of t~e City. It was moved ~y Councilman !eel, seconded by Councilman Frolich and passed unani~ously that t:ne internal st:ructure of the library be changed as su~gested at no cose to the City. In continuing on the subject of the library, it was reported by ~r. Ryder that the library building was coDlDenced on May 12 and there were ISO workinR days remaining in which co complete the facility (delay time allowance of 5 days). He said December 18th was the Dro~sed date, however, the contractor had recently indicated a completion date during the week of January 4, 1971 at which time the building would be turned over to the City. Kayor Stokes asked Hr. Ryder to check into the contemplated date that ehe County would fixture the building and put it into operation and subode this information. As a reminder, Mr. Ryder requested consideration be given at the close of the peøding meeting to the po.sibility that a quorum might DOt be existing at the ..eting of ~ec 7th. ... __... of the City Council, Nov~r 16, 1970 - - _ ø of Officers (continued) JMt ~ time, the ~yor offered bLs apo!osies for not introducing the _ CI.ty Attorney earlier in tbe.- ... and presented Mr. Adams to IIIe -Uence saying that he Voa1cI be present at the City Council and ... ... Commission public hearfDcs- ~_ - - . CODlllented that he had 'h _ s.. Anderson for many years, --r.. ~hat he is very highly resrr~ aød a well-liked attorney and, ~. that he had done an ou£n ..... job as City Attorney. He COD- _, .oF" by saying that Attorney ,-". .,,- _ld be greatly missed and ~---ed that he vould make o:yc..y e£fon: to fill in for him. .'~~g Director Sisk requested ~lcation, for informational _. J _, of the conversion of a resjf'"'"""l<"e to a cOllllllercial use by ~ ~lty on Schofield Drive aod. specifically, a condition I _ C r .. which stated "subject to a ~ear limitation". ~ ~tion was as follows: If the ~rty owner was interested in ex( "ing that ti~e oeriod, would additional heari~s be required before ~be C~ Councilor would an application be filed without public hearing .ud ~ applicati:~ be brought ~ack ':efore the City Council for dispo- sit~~ He saiè in the way it vas VTitten, it appeared that the percit ~ir~ in two ~·e3rs. ~r Stokes indicated, in reflect~, that as he recalled this was a ~~r limitati:~ for subseac~t tevie. because of the development of ~~~t property ~~d the adjac~~ ~~rty and also because of the cont~ersial n3:~re of the ap?:ic~t~. He then indicated that publ!= hearing c:~ld be desirab:e ~ suggested the aoolicant be DotL!~ed that he $~~uld apply wit~ ~e City Council for an extension :in ü::'s case. 1t ~s restated. :~r clarificat:?n, ~ ~. Sisk that final action vould 1>e caLen by the City Council W'it~ a hearing but would be brought back 1>efore this '::cdy at a public seeting and it was mutually agreed that this would '::e done. Mr. ~evich offered his apprec::.ati-~ to the Council members for their previous c:~sideration of the ~rcposal by the City Manager for a t~rary emplcyee to become ~ full-tiDe employee of the Building Depa--.:ment. 1t ¥as reported ~y Parks and Re=reAt1Do Director Parham that, after a1l c! the negative reports presented recently, he had a positive ODe for a change. He said the ßIt Festival held in the Wilson Building r_-"ly had been very well at~ed aød turned out to be quite a nice act1rlty. Be t.licated that he was very ~pefv.l that future activities would aJ.o 1>e very successful. .,so, 6 ,ø CC-67 Page 15 introductiot of City Attorney Adaas clarifica- tion discussed varied discus!'iion F3¡;e 16 ~enera1 discussfaa 3djour=e::: r . . ....tes of the Citj/ Council, lIoveaber 16, 1970 ~rt of Officers (continued) 47. Cit! CouncllMa 'lll8re vere no reports presentecl at this time, 48. lI.ec:acnitlon by MaJor of _agenda iteas, a.. lIancy Berten inquired if the bicycle issue would be announc'" _ a public hearing when vresented before the Parks and ltecreatioD - f"sion to which the Hayor responded that, inasmuch as these _etiD&JI ~d he held in the future _ a retularly-scheduled basis, agendas ~d be availa~le to the public. He addcd that anyone could be 'placed on the ...iUng list if they desired copies of these agendas. : &yor Stokes :!lade the suggestion that the first meeting usually held i a£ the beginnicg of December be h~ld instead on November 30th and it . was reco~endeè ~y City Attorney Adams that the last regularly ; scheduled meeti~g prior to Xoveaber 30th be adjourned to that .. œte. = .lodj ournme"~ , ~t ~as moved ~v C~uncilman Green, seconded by Councilman Fitzgerald =¿ Da¡;:;ed ,,~"":::-,"a::ly that the mee:ing bc'djourned to 7:30 p.iiI. ~ Iue"day, ~cv~~"er 17, 1970. :-:>'õ r.eeting ,..~. d~clared ;odjo<1rned by !'!ayor Stokes at 9:40 p.m. J..prROVED: Is! Garv G. Stokes Mayor, City of Cupertino ,.L~: ~ ~ , I . I i Isl WrI. E, Rvder City Clerk CC-67 .