CC 10-06-75
ern OF œPØ1'mO, STATE OF CALII'OaIIIA
IeGO Tûue A..ue, CupertiDO. California 95014
Ta1eplaw: 252-4505
_05 OF TBI øœua _iá. OF TIŒ CITY COUNCIL
.... œ 0C10ID 6, 1975 ø.... œuwcn. OWIBER, cm BALL
uo...-&t.I. Q1,UOIRIA
saurn TO TIm rue
..,. Jac:t.D called the _eUD& to order at 1 :35 II wlth the Salute
C. ôe Flq.
MLL CAU.
c:o...c. preaeat: Meyer., Nellis. Sparks, Hayor Jackson
C-:. absent: Frolich
t
Suf f present: City Hsnllaer Quinlan
Director of Ada1nistrative Services Ryder
Director of Plaaning and Developoent Sisk
Director of Pu~lic Works Viskovich
Assistant City Attorney Kilian
Assistant Planning Director Cowan
ADJ 0" R~"HE!\ï
em CO¡;NCIL TO RECONVENE AS BCILDISC CODE BOARD OF APPEALS
~vej by CðUnc. Meye:s, seconded by Counc. Sparks to adjourn the
~egular City Council Meeting and to Reconvene as Building Code 30ard
cl ""ppea]s.
Motion carried. 4-0
~ Assibrant City Attorney revl~ed the two issues at I~nd: 1) Can
tbe City waive the collection of fees; and 2) In the event Vallco
applies for a new building permit for the hotel, are they to be re-
~1red to pay the construction tax? In the opinion of the City
AI:~orney. the answer to both questions was "yes".
Discussion followed. It was Counc. Nellis' opinion that since it ha
Men over one year since the building perml t was issued, it is proper
~o collect the fees when a new perait is requested. She felt that
craatina of the requebt would constitute giving special privileges t
saae particular developer withl0 the City.
I CC-282
Page 1
X-282
l'..e 2
,J"d. ì04 è"cpp"
~ :-o~ agenda
Ord. 7'))
e:>ac ted
Policy re
arn.endments to
Gener al Plan
-~-~~---_._-_.
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NINUrES OF TIUt OCTOID 6, 1915 CITY COUNCIL tøŒTlIIG
.
~c. Sparks felt tile .Ja differ_ce here .... the rooa tax. If the
hotel is ladeed 1M11t, thb _ld constitute double taxation. Kay01."
.JM:UOD DOt_ the _ ta is paid by the custoae1.", not the developer.
The constructiOll ta is a one-tiae cbarge. Counc. Heyus said the
cODStructiOD tax ia this eae b for streets. It would be to the
adysatap of tbe City to line VaUco lark CODstruCt the Tantau Over-
cross:l.lla. lie propønl ~ City pledae a like .-ant of funds to
COIIstruet the Taataa Owercro........
Vallco Park eeae1."al llaaacer Valter Vard referred to the substance of
his letter. The .hopph& center developael1t vaa concurrent with the
hotel proposal. Altbou&hthere is DOW a hotel devdopaent in Santa
Clara, Vallco .till feels there is a need for one n Cupertino.
Moved by Counc. Nellis, seconded by Counc. Sparks to adjourn as an
App"als Board.
Moti-n carrled, 4-0
Moved by Counc. Nellis, seconded by Counc. ~~yers to drop It~ 23
(Urgency Ordinance So. 7(4) iroa the aKenda.
Motion carrlpd, 3-1
COUDe. Spark~ dissented
Mayor Jackson read Crcency Ordinance No. 703 in Its entirety.
Moved by Counc. Meyers, seconded by Counc. Nellis to enact Ordinance
No. 703.
Motion carried, 4-0
No actlon was taken 00 Resolution No. 4027 (Revised) by virtue of
Urgency Ordinance No. ì03 having been enacted.
MINUTE ORDER: It was aoved by Coune. Sparks, ser.onded by Coune. Nellis
that the following Minute Order be introduced into the record for establish-
aent of policy by the City Council on the Initiation and processing of
requests for aaend_nts to the General Plan: nIt shall be the policy of
the City Council that requests for aaendments to thP. General Plan shall
first be presented to the City Council for evaluation before being processed
through Planning Comaission procedures. It shall also be tl~ policy of the
City Council that the cost of consultants' fees and other expenses arising
frOG requests for .-end.ents to the General Plan shall be borne by the
inltiators.of such 1."equest8.
Motion carried, 4-0
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IIDI!TES OF TIlE uC.~0k& 6. 1975 CITY COOltCIL M£!TING
OIAL CCØIIltICA'I'IœS
2, 1Ir, Ten)' 0,.--- 1dth reference to heartnas in Sac:1."_to
00 auclear ¡aI.
Jtr. DJcbao -aed tile CUy c-dl to adopt a a.olutioa callilll
for public l..toraatiDa ... d18cu..1cD 10 re¡ard to auclear _uay.
The illitiative 18 Kt j led to appea1." 00 tbe JUDe 1976 ballot.
Kayor Jackson stated tlac tile oest to tbe last pa1."açaph on page 2
of the proposed Resolutias, the third line, the VU1."ds "Cluk of
this CouncU" sball be deleted and replaced with the words "public
11brary" .
Moved by Counc. Sparks. seconded by Counc. Meyers to adopt the
proposed Resolution alone with the Mayor'. revision.
Motion carried, 4-0
It was noted there will be a meeting on Thursday, October 9th, at
8 pm in the Lynbrook High School Auditorium on this subject.
3. Presentation of the Technical Advisory Commirtee on Solid
Wastes..
Associate Planner Warre~ Terribcrry, of the County of Santa Clara
Planning Department sta:eè the draft plan of the County Solid
Waste ~bnagement Plan will be in circulation prior to October 24th
Now is the time to pro~ide input, either pro or con. SBS says the
County must adopt a solid waste plan, and a consensus of all the
cities is necessary. He answered Coune. Sparks that at this point
nobody knows who is going to pay for lmplementation of the Plan,
although there are so:e coamitments of land. According to the
Air Quality Board, no kind of incineration will be allowed.
Mr. Ed Locke, of Met:alf and Eddy, Palo A!to, urg~d the City
Council pay special att~tion to Chapters 2, 13 and 14 of the
Report. He stressed the point that there is going to be a con-
tinuing need for land fill.
Mr. Charles Long, Hunicipal Financing Consultants, 100 Rush Street
San Francisco, presented a Reader's Guide to go through the Re?ort
He said they are reco.aending a lOc surcharge and revenue bonds.
The City Manager asked if any thought was given to a transfer stage
for Sunnyvale, Los Altos, Los Altos Hl11s and Cupertino. Mr. Lock
said transfer stages were considered but ruled out as unsuitable.
He add~ that Santa Clara eoBnty charges are less than any he has
seen in the State of California.
CC-282
hge 3
I
Res. adopt ed to
discuss nuclear
energy.
lid IIuÞ
.-& ....
'II tAt
t. 2Z1111.
Bicentennial
discussion
'Oct. leh
9-Z-75
cont inued co
October 22=>4
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HIlIUrES OF :nœ OCTOBER 6, 1975 CITY COUNCIL MEETING
.
Hovm by Counc. leUis, _"ed by Counc. Sparks to cODtiDue the
d1acussioD of the 50114 Vast.. Hanag.ent Plan proposal to October
22, 1975, aDd nqueat" a scaff repo1."t and reco....eadatiOD.
!lotion carried, 4-0
Mayor Jackson called a receas at 8 :48 p.... The meettn¡ reconvened
at 9:05 p...
Hay01." Jackson wanted to brtn¡ up Agenda Item l5 at this tille.
15. Discussion of plans fo1." Bicentennial observance and De Anza Trek.
KDyor Ja,kson annoucced to ehe audience that this matter would be
discuss~J at the meetina ebe following night, October 7, 1915.
5. Recognition by Mayor of audience requests.
(a) Thc re were none.
PUBLIC HEARINGS
6. Appl:cation 9-Z-75 of ~dY Investmect Company: Rezoning 2.24 acres
froc ~l-lO (Residential, single-family, 10,000 sq. ft. per dwelling
unit) zone to RIC (1.6 dwelling units per acre, a total of 18
dwell:cg units) zone. Said property is located southerly of the
City (......rporatlon Yard adjacent to and ,,,,c.sterly of !'..ary Avenue..
Recc~cnded for approval. (Continued from meeting of August 18,
1975. To be continued co meeting of October 22, 1915)
Upon rc~~omendation of the staff, and since there were no comments from
the audie~ce, it was moved by Counc. Meyers, seconded by Counc. Sparks
to continue applicaeion 9-Z-75 to October 22, 1915.
Motion carried, 4-0
7. Public hearin¡ to consider an amendment to the 1964 General Plan
for the City of Cupertino relative to the hillside area of the
City. Additionally, said hearing will consider the draft
Environmel\tal Impaee L!pc,t for said proposed amendment. The
draft EnvironDental !apace Report is iccorporated wiehin the
General Plan - Hillside document.
I
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IIIJRrrES OF nil: octOlD ". 1975 CD"J c:aJJlClL IIŒrING
!lie PlallJÜJlC \)ú'.ctor ..... _ ___ of the PISDllina c-ù-
__'a delibentl... _ tlais ..~. ~ns of \lbich are in hi8
GcCober 6, 1915 staff T ,.. .. 11' out copies of a _
~ ec-. C<Iopet'. ODe 18_ _ tlat&la ... vas st odds wlth the
.I'JaDDin¡ ('-<·.i_.. tile. ~~.....
DIe P1anDin¡ IUrecto1." IIIDt" tilt. Þ the CoUIICil's first hearlna
_ the LaDd ¡;se n_t of t" '!' a1 n... and consideration of
eM Enviro_tal IapKt . . _ L. lie fU1."tbe'c introduced the input
h_ Traffic CoasaltaDt Doa GoaIrlch aDII the slope/density
fomula datA prepared by .u.oc1ate I'laaøer Laur in.
&adstant !'an:i"l Dincto1." c- røiewd the Hill Area Gene1."al
Plan Matrix. ¡¡., ...id the PI-<.. Coaaission looked at how each
plan woulë ¿::~t traffic circulatloD, character of the area,
atl1ities ¿-.-a::abllity aDd capaclty, schools, parks, historical
.1¡nifica~:i. :~using opportunity, natural re~urces, air quality
s01ls, mi~è~~:$. unique open spa~e, vater rescurces, natural
hazards - :::x and fire, aDd ""'" each of these iL""s would
affect ea:~_ ~"a. rhe very I"" density plan had the most
positive ::::<:~::ion with the en'Virolllllent and ::,e maximum dens1ty
bad the c..:'~: ::i:~.!tive. He t:'!:en reviewed th~ '"ery low density
plan, tho : :'_~::'- Plan, and t::e City Plan rece=..-"ded by the
Plannin~ :o=:".:on. The Pla::::1:>g CommissiC'n det.-rmined that the
City Pl.,:: -'-1. :~:e optimum to re:lect the City's G_'al of a bala."1c
cOIIIII:unity.
~~nc. M~Yt~~ ::::ed the County Pl.n took inte ~~~sideration the
stabilit\' :: :,:" areas. T!:e P!a:::1ing Direct"r .tJted that the
Planning ":~:.-::.:;.:;:'C'n also con5::'¿£red the &~oL..'p:.y I....i the area.
Counc. S;,,-:-".:;.s ..-.;.~:ed to kr...,...... t:--.e price range I.~f the homes in the
vaTfous ':~:-.;::;:::: levels and. r.C"V such energy ""iìì be conslJmed a!"'.d
bow many ,¿co:, -.-ill be inv~¡\·ed. He su¡:gest": ¡,'<'king at so:::e
provisio:: ::-:: ::-:~ people to live in Cupertin.:o a:tll?r they retire
and their ::c:~¿ decreases. He asked if it i$ p~ssible for a
young CO~~_è :: purchase O~ o~ these homes.
Counc. Ne:::~ .:~ld. in the :uture. like to lðc~ further into the
possible ","':: ::~tion of Freevay 280.
Jlayor Jar.",,: ,,-'uld like ..ore in!oraation as to the interplay
between t~... :::~ of Cupertino and the City of Saratùga in regard
~o the Se,~~ 5?~i~gs Ranch.
Jlayor JacL,::. ds1<eJ if this plan will change if the Urban Service
Area chan.."". The Planning Director said he ..-as under the
tapressio:: :~t the Urban Service Area issue was pretty firm at
tills poin~.
CC-282
Pace S
CC-282
Pase 6
~illside Sc...ty
.:.)ntinued to
0ctobcr 28th
........d OF THE octOBER 6, 1915 '::1TY COUNCIL KEErIlIG
.
DIe rlaønill& Director an_red C-C:. Kellis tbat be and the IA.bUnt
~S-iea Director went to the recent Mid Peninsula Park Disr~ict _Una·
DIe isaue cODeeruin¡ the policy in regard to open apsce ........ discu......
fa «der to aaiDtain ... open S3MC. cba1."acce1." of the hills, it -
.Jet_ined a low density approach _.' beat. Another. øporuot is...e
~~ was capital iaprov"'.,
Cømc. Sparks believes that in oar foothills, the1."e should be f_e1." of
tJte $IOO,()()Ot. bœes and more of the $60,000 haMs.
llayor .Jackson asked for c~ents fr_ the audience.
lire. Lucien Hertert, San Juan !toad, said she was havinS
vith the urban service area DOt reco¡nizina open space.
aoderstood that there liOuld be DO necessity to purchase
Provision should be allowed for aaricultural uses.
a ter1."ible p1."oblea
She 88id she
open space.
J:alser Properties representative Harold Ashton said they are interested
i:1 the quarry site. They have worked with land p\¡\nners and had
traffic and ge~l~gical studies. They liOuld appr~~iate the opportunity
:0 cake a prese~tation at an adjourned meeting. ~~yor Jackson a~reed
to this.
~s. Ann Anger, ~!onta Vista, asked if Co.... Ccoo!"'r's memo re~ardin~
housing could ~. ~ade puhlir.. Also, .he said that before tr~ General
?La3 is adopted the City should see how ~ny homes we now have withln
~ertain price r~n~es. 3he said the City of Saratoga is very ccncerned
abçut clustcr houslng in the hills.
!'!r. Victor St.~::, representing the Eureka S.wil'lgs and I.oan CcapaDY's
13 acres in tr.. !:ills, wa~ interest"d in the density allowed 01'1 their
?roperty. He ~~s told to check with the staff during the day.
Mayor Jacks0n s¿id specific properties will be addressed at the study
session on th~ ~illside Element of the Gen~ral Plan.
! The Assistant City Planning Director al'l~¿ered ~1yor Jackson that it
t ~s determine! ~h~ total number of units could ~~ increased by about
i 10% without s~:stantially affectln~ the urban services. The ~~yor
I ¿auld also li~e to have the traffic and air quality addressed at the
I study session.
Moved by Counc. ~cyers, seconded by Counc. Nellis to continue the public
bearing on the Hillside Eleaent to Tuesday, October 28, 1975.
KOtion c3rried, 4-0
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..-rES or mE OCTOBER 6, 1975 cm COUJICIL MEETING
.. ....lutioca 110. 4032: "A bIIolutioo of the City Council of
t" City cl ':tapertiDO Ord_iDa Y8CatiOD of a PortiOD of a
"'11c IkUit7 Eas_t Vithia the City of CUpertino Pun..aDt
to SectiOG 5041'C. et aeq. of ehe Q,..~_t Code of the Stat;!
of c:aUfonia. Fidq T18e .... Dace fo1." BeariDs and P1."ovid
lIot1ce 11Iereof; Lot 23, Tract 3407, 10394 Paradise Drive."
..t8ca there -.re 110 C~eDt. froa the audlence, it was aoved by
ea-. Wellb, secODded by Coaoc. .yen to close the t'ubiic
---SIll on Iüolution No. 4032.
KoUOD carded, 4-0
Ibrad by CC\òx. Meyers, seconded br Coune. Sparks to adopt
aesolution So. ~032.
Motion car1."ied, 4-0
PLAIOnNC Al';_ ::,,",:0:;5
9. (a> Am.~~<~r t~ Application )-1r1-15 of W. J. Herman:
Am.=~~.::: t~ rxisting tentative map dividinR the
d....c::;-::<::t into ~ units. Said property is located
~as:<r:y :f anJ adjacent to Stevens Canyon Road
ap.r:'::~:e'Y 200' southerly of the intersection of
Ri~':$:~è Crive and Stevens Canyon Rood in a r (Planned
Dc- .::;-::c:.t ~·ith single-f"",ily residential intent) zone.
Rf''::CC~~''';N for approval..
MaTed hy Co''':_:. S~rks, seconded by Counc. Nellis to approve the
aaendment :: a"l:cdtion 3-TM-75 as recommended by the PlanninR
C:C-1ssion.
Motion carried, 4-0
AIOIITECTI'!\.\:. A.'ill SlTE APPROVA" APPLICATIONS
10. <a> Ar,l::~ri~n HC-Sl,181.1 - Santa C~ara Valley Water
Dist:>:t requesting review of landscaping for the perco-
lati:n pond located at the southeast corner of McClellan
R~a¿ and 3ubb Road.
llayor Jackso::!. \o"3S concerned about the safety of the 4' chain lin
feoce around the perc. pond because this is such a populated area
It was pointed out that a 4' fence would make it easier to rescue
~ne in trouble in the perc. pond.
.
CC-282
hse 7
Res. 4032
adopted
3-T~I-¡ 5 am,'"_'''-'''
approved
CC-282
P3&e 8
RC-51,18l.1
a;>pruved
<-<¡ .002.1~
~ .. ;:..:-....t?d
-
_UOòO OF m x:œn 6, 1975 cm caoNCIL IlEETIIIG
.
- . Keyen ~ this are -W he open for fishilll, as are percOlation
..... in ot~ .--s.
ea..c. Kellis gid "" haye tbe.JMK_tial here for a very nice recreation
_. aDd sloe -:4 Iv.. to ~1pte this aspect.
.... rec -,-~,.. of the City MaD.¡e1.", it ....5 saved by Counc. Spa1."U,
'ed by :::...-.c. !!eye1.". to ....pe . "wait and see" attitude as to the
_ of the ~::-'J:ion pond aud to approve HC-51,181.1 as recoanended
" tbe H~:::_ :.owaittee.
!lotion carried, 4-0
(b) Ap;::::.:::::~ EC-5I,002.14 - Arnold and Sdndra France requesting
ap;r_'.::~ ::: site, architecture, lands<a,ing and grading for a
tr:::_!-, .::: located on Lot 8, Alpine Drive. Recommended for
apt':-':-il. .
I ~ed by C",,',
I 3:-51,002..- ¡;
I
I
·~_.lS, seconded by Counc. SpaÚs to approve application-
,,·:."::EIended by the H-Control c..:-::1Ïttee.
MOtion carried, ~-O
~:~ISHiJ) : _:
-. -
::. Discu..:., ,- ~:~pUsal of creating a Youh ,·:=lssion.
:: vas bro.,
:'::-issio:: _
'. . -,,,ring the dis~ussion t~t :':e problem of a Youth
:....l: :~ere is not t.~: much f('· t~.€:1 to do.
~ yt)r Ja~ Ìr;.~
::.:y Coun.::.
':~De bas:.~
. _ -::.'<!u.:cd his suggestion of Y"~'h assistants to the
'"" ·"r,¡ ..00 M_~rs of the Planni"., C<mission on a one-
C--"'.atw:. Sel::.- .~_: :he betllt purPJse for a you(1: ..:1.....(':'.:"l.1s510n would be
:::-r th_ t:: ~, 0 ~n adv isory basis. This ,-,,'aid not be an on-go lng
~1sdo" ,_: :..:::e< one with special projects.
!layer Ja......·' .c-_~-' like to ask the Parks and ;;'eaeation COIlIDission
-.at they:::.:..,::: :::.. relationship vith youth s'1ùulJ be. The Com!::ission
~ requ~s.:i"_ :.: ~:\.,;.Jy the Deed and feasibility vi implementing youth
i=eracti~" .-.:: ~ :ty J:overraent. Cons iderat i~n should be given to
a possible >.- c.l:: !leeting concentrating on ,,:,tÜning youth input
_ to p'roj..~:. :: :ypes of work in which they ~'ould be interested.
IIUIIII¡¡$ OF T!Œ ocroaa '. 1975 ern COU!IClL IŒETIIIG
\
,
'"
. 12. Discassiøa OD prOfO*l.- ,.. _intaillbC !lcClellao IucIa !'..rJr.
in a nral settlll8.
~tbou&h t" r.e_taCtw. ~ the Parlts SDd l.ecreatS- . ...t-
~ iDtro&tced a re801~ iD re&ard to this, 1fa1."7 c-a1_.
10461 Sto_ Av_a, CupKtJ8o. aid she was under tbe t.p¡r_lOD
the City c.-.:U bad clec~ £0 have an Ordiœnce <::0981."1118 Ùllia.
....ed by c.:.mc. HeyUB, ----'ed by Counc. !leIlis, to coati_
the proposal for aalntaiJdJIC IkClellan \lane!> Park in a rural
setting t<' 'Jt:tober 22, 1975. C1d 1."equested the staff p1."epare a
report on "hether tblti .-'1d be sa ordiu:lce or reBolutlOD
Øotion carrl~, 4-0
l3. Dise~..i~n on proposal fo1." a resident caretaker at
KcCl.::.." Ranch Park.
Hrs. LC"~:::'~ !oensfeldt. rqrrsenting the .;.! ~C'C Ccwnittee, affere
to ans\o"c: .i='y questions in regard to the ~~\.::.:~er 2. 1975 D.e&O
she and ~,:~ Gonzalez suòait:eè to the Cu-.~:'"'' Parks and &8-
creaticr. : :=ission in regard to a resiè"c_: <a:êtaker.
Moved by ::'""c. Nellis, secO">ded by Coune. ,?arks to approve th..
request;:: .. resident care-taiær at MeCI r: :.." Ranch Park.
This mo: :<= -..~s amended by CO'-"nc. Nell is, so«'"Jed by Cou,,"c.
C¡parks, :: :::struet the staff to explore '"c..!:ng possibilit ies.
ADendment ca~~:€J. 4-0
Motion carri~i. .-0
14. Repe:: <f the Pla"ning CoaBission con:"~"~"g findings and
reGu~~a.nts to the City Council rt'g.,~': 'n~ a potpnt ial
acqu:s::ion of 2.4 acres to provide f:~ expansion of the
City (::-?oration Yard. Said property :'s located westerly
of ~~~~ Avenue. ap~rox1aately 250 fe,,: s~u[herly of the
inters~tion of Mary Av...ue and Mete.:: :Jri\"e.
The Pla~o:~ Director reviewed the Oc[obe~ l, 1975 staff report
and P13r.:-.~c-;!; COIIIIIission !te50lution 1445 on this matter. 50
Council ..<: ton vas requlred.
-282
psse 9
McClellan Ra~h
Park cbaracter
continued to
Oct. 22nd.
R£>siJ...'nt
caret aker f ~1r
M:Clel1a:: I(.'"(h
P.1rl: hPf'[('\"l"'J
·.J.
.-
Outdoor sales·
proaot io_l
policy .....,¡_
IlIllUTES OF THE ocroaD '. 1975 CITY COUIICIL IŒBTmG
.
15. Dü_foD of p~ foe .s.:.at_1al obse1."Y. ..... De Ago Trn.
This .e poatp0De4 CO OrtlT 1 7, 1975.
16. a..,i_ of oatAlocrr _1"¡~tiOllSl activities pGl1ey re¡ardina
etractare .1M. .tell dae, etc,
1'be PlalllWt& DirectOC' r..1éoed the October 2, 1975 staff .~ on this
aatter. the PoUcy stat -".. attached.
Attorney John M. Charsin, no Borth 4th S:.reet, Ssa Jose, said he was
npresenU,,& tba 0VIIa. of by1e... He su18itted p1ctU1."es of the
atructure t!>ey proposed (01." the Christaas tree lot. They have been
operatinc t!>is Christaas Tree Sales operation for the past 8 years.
They have already paid the 1."eat for the lot. 'i1tey feel it is a
clean, sa:e ~peration aad they leave I or 2 days before Christmas.
The str~:~re p1."otects tne custoaers in inclement weether. This
proposal ~rovides the c~ity with a variety of selection and
provldes ~:es tax to the State. He said that if they car.'t put
up the s:r.,cure they are out of buslnes>:.
Mayor Ja;~~:n agreed there should be a variety of selectio~, ~nd he
saw no rHh·:1 for the lálltatlon on the site of this building.
However, '" w~uld still like to see so~e control on the slze of the
sign.
Counc. ~.:::s reflccte¿ t~t Cupertin~ has a somewhat restrictive
sign or~:-":"e and ..'hen ¡arlte, temporary signs are requested the
Ordit}.l~"< >,,,-,,,,es uoreasona;'le. She hellcves the 60 sq. ft. allowance
Is equi:..~~¿.
Counc. ~i:."'C~5 said that -..-hen
use 4 " > .::eets of pI yvood .
change :,'" "" to 62 aq. ft.
these temp~rary signs are nade they usually
For this reaSQn, he would be willing to
Moved ~y :'.:1c. Meyers, seconded by Counc. Nellis to amend Section 2 B
of the L'~:~:~r sales/prcr..otional activities policy to provlde that the
area of 'a"~ face of the sign shall not e"ceed 64 sq. ft. The last
sentence .. Section 2 C (4) waS deleted, which previously restricted
the siu '" ~ structure 1n excess of 400 sq. ft.
Motion carried, 4-0
::".
1 .
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~
IlUU1~ ,. TIIB 0CI0IBE1 6, 1915 CITY cœ.cIL HEErDlC
i
(
17. Propoeed aar-t witb First laUooal City lank.
110"... lIy CouDc. Sparka, seconded by Counc. Heyers to apf'1."ove the
reqaast of nut "t~l Clry Bank in accordance with the
rec_...,t.t1C11l of tile Clty Atto1."lIey. Further. the Mayor was
autboriaed to ai¡D the proposed aareaeat with the First National
City Bank reiat1D& to financing and conStruction of the Vallco
Park SboppiDa Center.
Motion carrie:!, 4-0
NEIl BUSINESS
18. Report of bids received and award of contract for Maintenance
Contract for Streets - Slurry Seal Project 76-3.
The Director of Public Works reviewed details of his Oct~ber 6,
197 j, meMO.
Moved Þy Counc. Nellis, secondC<! by Counc. Sparks to award the
contract to Bay Slurry for $23,118.86 for L~e Annual Slurry Seal
Project 16-3 and to approve an additional $2,000 of the original
appr~priation reserved for cont1~gencies.
AYES:
I>O["~ :
ABSUT:
Meyers, Nell is, Sparks, Mayr.r Jackson
Counc .
None
Coune .
Frolich
Motion carried, 4-0
19. R~ferral from the City of Saratoga - Use Permlt to allow
Blcentennial Indian Encanpmel1t on property owned by
Fremont U"lon High School District, located at the intersecti n
of Prospect Road and Stelling ROad.
Moved by Counc. Nellis, spcond<'d by Coune. Sparks to confirm the
pro~sal froa the Saratoga Planning Department for a Ricentcnnial
Indian Encampment, to be held on property located southerly of
Prospect Road at its intersection with St~lling Road.
Motion carried, 4-0
Flest National
City Bank
proposal approv
Project if>-3
Slurry :5":'.11
appro..'""
Enca.r;p~t·n t
local ion
approv,·J
cc-282
I'a.e 12
Res. 4046 . 47
ccnt'd to 10/7
¡).>nat "on for
~u:"et..:.:.
.I...:c~¡;~ed
--
-
1II1ID1'ES or 1'111: ocroaø 6. 1975 CITY COOIICIL HEErJRG
.
,
20. Discussion Oft propoN.1 f01." expansion of bus Nat.. a. for
aodificatioå of esiattna bus routes.
(a) Resolution 110. 4046: "A Resolution of the City Council of the
Clty of Cupcrt1D3 aec~end1ng Modifications to bistiaa
Mid-Day Baa ltøatu.-
(b) Resolution No. 4047: "A Resolution of the City Council of the
City of Cupertino Recommending Routes fo1." County Transit
District Bus Syst_ bpandon."
After a prelillinary discussion, this matter was continued by Mayor
Jackson to Octobe1." 7, 1975.
WRITTEN Cex-,..ruNICATIONS
21. Report by City Clerk
(a) Transmittal frOG Friends of the Foothills organization donating.
5108.03 to City cf Cupertino, to be us~d for the natural history
~uscum at McClellan Ranch Park.
(b) Reçu~st froc Co~~ress>~n Mineta for co~~nts on HR-9544, the
Fed~ral Aid to Transportation Act of 1975.
(c) Requ~st frOQ Mr. David W. Cayton for the modification of the
tr~l1{ ic signals at the ea..;t entrance of D~ Anza Coll@'se.
~oved by (ounc. Meyers, .ecor.ded by Coun~. Sparks to acc~pt the
donati~r. f0r lAe n3tural hlsLory ~us~um and t~ instruct thc staff to
extend t',e City's gratl~'Jde to Friends of [he Foothills.
Motion carried, 4-0
The staff .as requested to obtain [rom Congressman Minetd a summary
of HR-95~~ and an opinion of how this reld[es to existing l~gisl~tion
with special inqulry under Section 34 on the expansion of the tent
"carpool" to include the t.en:2 tlyanpoo 1".
ORD I NA."CES
22. Urgenc~' Ordinance No. 703: "An Ordlnance of the City of Cupertino
.\mending Chapter 16.04 of the Municipal Code by .\œending Section
302 (d) of the 1913 Edition of the Uniform Building Code Relating
to the Expiration of Pe....1ts an.! Declaring the Urgency Thereo£'''
This was acted upon earller in the agenda.
.;-
--
HIJlUTES OF TIll ocrœm 6, 1975 cm COUNCIL HEETING
23. Draency Ordi_. 110. 796.
Dropped f1."_ the ...... tlarbla the .d}' put of the .-tfDa·
""I;
24, Second "'111& of OaI~e 110. 70l: "AD Ordluœe of the
City Council of the City of Cupertino AIIendin¡ Section 2.52.0
of the Cupertino IliøW:lpa1 Cœe by Adding Thereto the
Position of Secretar}' to the City Hanage1." .. Beine Ex_pt
frlD JU1."lsc11ctlon B of the Personnel Cœe."
Moved by Counc. Meyer., M!Conded by Coune. Nellis to haYe
Ordinance No. 70l read by title only, and the Hayor'. nadløa
shall constltute the Secoad Reading.
~
Motion carrled, 4-0
Moved by Counc. Me>'ers, seconded by Counc. Sparks to enact
Ordinance No. 101.
Motion carried, 3-1
Mayor Jackson dissent~
25. First Reading of OrdÚ>ance So. 702: "An OrdinancE< of the
City of Cupertinu A=ending Ordinance ~o. 490 Designatin~
Speed Liaits on Stevens Creek Blvd. Situated Bet~e~
Blaney Avenue and . Point 750 Feet, More ur Less, EAst of
Finch Avenue." - read 1>y Mayor Jackson.
Iioved by Counc. Nellis, HCcr.>ded by Coone. Sparks to '~"e
Ordina~-e No. 102 reaè by title only, and the Mayor's reading
shall constit"'e the !'lrst .....ding.
Motion carried, 4-0
IlESOLUTIONS
26. No. ~043: "A Resolutioa of tbe City Council of the City of
Cupertino Approvinc Cootract Change Order No. 3 for Stelliߣ
Road Stora Drain ~:>ject 7:>-IO."
Moved by Counc. Spsrks, se<:oade¿ by Coune. Nellis to adopt
Resolution No. 4043.
Motion carried, 4-0
-282
r.ae 13
Ord. 701
enacted
Or.!. 702
Fir st Rt.:...!: :~'"
Res. 4043
.dopt cd
.... ~ou
8dopted
"IIIIITES OF THE uCw.&& 6. 1975 CITY COUlICIL !tIŒTDG .
.
27. 10. 4044; "A "-Tw--- of the City Couacll of the City of
Cup«tino ~iII& J.I:a lacencion 'to Order Ab·"oL -f of
Ea_t for Uak ... AIr Delineated b, . auUdt.. Setback
LiDe, Tøct Øo. '561,. J.ocated Ve8tC!rl, of and AdJacmt to
LiDIa Vista Drl_ -n" .......tely 700 Ft. SOGtherly of lI)'aaaiapon
Drive; Fixba Tf8e ... n.ace for Burin¡ aD'! Proridfq for
Iotice ~f."
Koved by CouIlC. Spera. nc""Pfed by Couac. Melli. to adopt
leeolution Mo. 4044.
IIotioa carded, 4-0
28. Mo. 4045: "A IesolatiDD of the City Council of the Clty of
Cupertino Decladac its Intention Making Applicable the Provisions
of the California Vehicle Code to Private Roads Within Vallco
Fashion Park and Vallco V~llage; Fixing Time and Place for
Headng and P1."ovidilt& for Notice Thereof."
Moved by Coune. Sparks. eecoaded by Coune. Meyers to adopt
Resolution No. 4045.
Motion carried, 4-0
COIISÐ,T CALElfDU.
29. Request for renoval of Iteas froa Consent Calendsr. -- ~or.e.
(a) Resolution ~o. 4030: "A Resolution of the City Council of the
City of CupertiDc Allowing Certain ClaIas and ~ands Payable
in the AaouDts sad fr~ the Funds a. Hereinafte~ Described for
Salaries and waces for the PayroI~ Perlod Endl~g 5e~tøaber 16,
1915."
(b) Resolution No. 403): "A Resolution of the Citv Council of the
City of Cupe!"t:...o Allowin~ Certain Claims and Ðesaods Paya"l..
in the ~unts sad from the Funds as Hereinafte~ DescrIbed for
Salaries and "CBS for the Pa~roll Perlod Er~in& September 30,
1975."
(c) Resolution 50. 4031: "A Resolution of the City Councl1 of the
City of CupertiAo Allowing Certain Claims and Desands Payable
in the Amount sad from the Funds as Hereinafter Described for
General and Miscellaneous Expenditures for the Seven Day Period
End ina Septeaber 19. 1915."
.
_--:--
-- -
......&5 ar 'fB _
6. 1915 cm COORClL nu;u~
-282
... 15
j
j
I
.
(II) .....\tfft.a ..""1 ". "~lut1on of the City Council 0
die CiC7"Òf' - _ LiDo A11avinl Certain Cl.s.s IIDII »-ands
ra,ü1e Sa CM --.nt IIDII frca the I\mds as Be\''!iaafter
Ddcrl... ~ 9- rd and lUaceUaneous D.....,.ditures for
the S- ..,. 1W1oII Elldtna Seo>teaber 26, 1975."
(e) "~lat~ 110. 4035: "A ..solution of the City Council 0
the City of 0...... tino Alløvinl Certain ClaiJu and Dl!lllands
Psyalll.. 1D ,he Moant IIDII froa the Funds as Hereinafter
Deac:¡-i.... for Cõeaeral snd Miscellaneous Expenditures lo1."
the s.- Day Period Endill& October ), 1975."
(£) Ie~lutf_ 110. 4036: "A Resolution of the City Council 0
the City of Cupertino Establishing a Retention Schedule
for Destruction of Water Payaent Stubs."
(I) Reaolutloa Ko. 4037: "A Resolution of the City Council 0
the City of Cupertino Accepting a Grant of Easement for
Public Utllity Purposes from Pete Gachina and Dorot~y R.
Gachina Located on Rae Lane."
(b) Resolution 1\0. 4038: "A Resolution of the City Council 0
the City of Cupertino Authorizing EXecution of an Equip-
ment IeDtal A&reeoent with City of Santa Clara."
(i) Resolution 110. 4039: "A ResoluÞion of the City Council 0
the City of Cupertino Authorizing EXecution of Peraittee
AI~eeaeat with Pacific Cas and Electric Coopany."
(j) Resolution 50. 404~: "A Resolution of the City Council 0
the City of Capertino Approving the Final Map sod Improve
aent Plans of T1."&ct No. 5698, Located on Lazaneo Avenue
letweD Saratoca-Sunnyvale Road and Vista Drive; Develope,
May laveataent Company; Accepting Cert~in Easements;
Autho~¿&inl the City Engineer and the Ci~y Clerk to Sign
the r1øal Hap; and Authorizing- the Execut~on of AKreement
in Coaaectioa Tbe1."ewith."
(It) Resolutloa 110. 4041: "A Resolution of the City Council 0
the Clty of Cupertino Approving tþe Parcel Map and Improv -
acnt Plans of Property LocateJ on Hary Avenue South of
Route 280; lIeweloper, Bruce C. Edwards and Kathryn A.
Edwards; Aøtborizing EXecution of a Defeneci Improvellent
Ag1."eeaent aad a Standard Street Improvement Agreement;
and Author1&iac the City Engineer and the City Clerk to
Sian the Parcel lisp."
.
CI:-2I2
"..e 16
:;::nsent Cal.
I'proved
;e"eral Plan
aendlllent s
JDlicy
....
-.
_..... OF T1ΠOCTOJIEIl 6. 1915 CITY COUIICIL KEBrDICI .
.
(1) IIuoluUoo 1Ið. 4~:!: .... ..solution of the City Cooøcl1 of the
CitJ of Cupertino App..v.ina the FioaJ.lf8p ... Iapr__t 1'1a1\ll
of T1."act 110. 5696. Cupertino VUlale 01."_, LocaCed et the
Southwest Comer of Stelllna lløad and ü.,.. Orbe; Developer,
Cupertino Villa.. Gr_, a CaUfomia eorpor.t1oa; Acceptilll
Carum Eas_ts; lathori::ina the CitJ laaineft ... tbe City Clerk
to Sian the Final...p; aod Authoridoa the lucution of Aar_at
in Connection The1."ev1tb. n
(a) Acceptance of City projec ts perforaed under contract:
(l) Sa1."atoaa-SunDyvale Road widening at Roaasteed Road
ADza Engioeering Corporation
(2) Lucille Avenue Irrigation System
Hall-WaJ Contracting Co., Inc.
Moved by Counc. Sparks, seconded by Counc. Nellis to approve the
Coosent Calendar.
AYES:
NOES:
I.BSEh"T :
Meyers, Nellis, Sparks, Mayor J..ckson
Counc.
None
Counc .
Frolich
Motion carried, 4-0
STAFF REPORrS
30. Policy recomaendation to forward private requests for Ceoeral Plan
Aaendments directly to the City Council.
(a) Request by Paul Mariani to "",end the General Plan
involvina 70+ acreS located within the southeast
quadrant "r Saratoaa-Sunnyv31e Road and Route 280.
The Planning Director recapped the October 2, 1913 staff summary on
this matter. It was the staff's recommendation that the Council adopt
a policy that non-City initiated Ceneral Plan ~endments requests be
first brought to the City Council, prlor to other actions being taken.
Further, tl~t it be City policy that any consulting fees or other
expenses resulting frog such Ceneral Plan amendment requests shall be
paid by the intiator.
So moved by Counc. Sparks, seconded by COJnc. Nellis.
Motion carried, 4-0
- - -
MnarrES OF THE OCTOBEa 6, 1975 CITY COUNCIL HF.EI'ING
-282
age 17
JIoyed .., CoaIlC, Sparta. ~C!d by Counc. NelUs, that the
l'laøaiDc ec..issiOD "'U proceed with processing the request by
hal Harwi to ..cad tile GeDeral Plan involvlna 70! acr~. within
t" _theast quadr_t òf De ADza Blvd. and Route 280.
deni GP AllIe
request to go
I'lanntng ConuI.
Motion ca1."ried, 4-0
31. Request for policy decision on Jistdbutlon of recunina
duplicated aater1als.
The Clty Clerk said the staff has been monitorlng distribution of
the City's lISiUn¡ and hea recOlllllended !'ome mGJification.
Mayor Jackson was in favo1." of the staff's recommendation, but
asked that there be one final, complcte mailing including a note
Indicatin¡: they are being cut off and if they would like to
continue receiving the packets they should submit stamped, self-
addressed envelopes.
Moved by r.unc. Nellis, seconded by C~unc. Sparks to approve the
staff ret~endatiDn in the October 6, 1975 Summary and attach-
.ents.
Motion carrieù. 4-0
-
HI SCELLA.\: ':::S
The Assi~:.~t Cily Attorney said it ha. rcen brought to his
attenti"n that th...re is a genlleøan on Tub Lane wo has been
construnir.¡; an ..ddition t" an old inJunfial buildin~ ..·ithout
building .enait. lie has failed to coni"r,. to st"p work orders.
After dis:usslnn, it was detrrmined th.H rhp staff shou:'d use the
citation rrOCedUTl' to "btal~ c~pliancr and If this is not efi...c-
tlve. t11(' City Attorney v~s. authorjz('J t~... t.ake action u:"der ..:lvj)
litigation procedurE by obtainin& are <t:~inil\g order and prelimi -
DSry injunction.
ADJOUR~IE:\l
Mayor Ji1ck""n adjourned thi~ meering at 11 :55 pm to 1 :30,
October 7, 1915.
ATTEST: APPROVED:
Is/ w.. E. Ryder
City Clerk
.
.
Is/ James E. Jaèkaon
Mayor, CHy ~f Cupertino