CC 01-04-71
.
.
~ OF CUPERTINO, State of California
10300 Torre Avenue, Cupertino, California
2'-' . De: 252-4505
JIIlIUTES OF TIlE REGULAB. !U.l:.um. OF TIlE CITY COUNCIL HELD
JAlIUAllY 4, 1971 IN THE COUlICIL CHAMBER, CITY BALL
CUPERrDIO, CALIFORNIA
~ .eet1ng was called to order by Vice Kayor Noel (in the absence oç
~ Stokes) at 7:31 p.m. aDd the assemblage was led in a salute to
the flag.
KD11 Call
C~1lme~ in attendance: Fitzgerald, Frolich, Green and Vice Kayor
5oel. AlGO attending: Acting City Y.nager Ryder, City Attorney A4acs,
P1aDD1ng Director Sisk, Assistant Pla~ner Cowan, Public ~orks Director
Yarborough, Chie: Building Ins~~tor 3enevich and Recording Se~retary
Dolores ~ñite. Absent: Mayor Stokes and Parks and Recreation Director
Parhaa.
Prior to continuia~ ~~th the :eeting, Vice Mayor ~oel informed all
present that, ~ecause of the ~Ayor being invol~ed in business
aut~Iiz~~ by lè.e City Council, he would not present for the
.ee:i:1¡ .
5er ksiness
28. Al Spiers - Report oa Sister City. (Continv~d from
Oecember 21, 1970)
It .... suggested by Vice Kayor Soel taat Item No. 28 be taken up at
this time beC3use of the large ~=beJ' of Boy Scouts in the audience
~ were awaiting Mr. Spiers' report on his visit to Cupertino'.
Sister City of Copertino, Italy.
It .as aaved by Councilman Frolich, seconded by Councilman Green and
p--~t by a unanioous vote that It·... No. 28 be heard at this time.
Ik. Spier. advanced to the podi... and indicated that it bad not only
.... an educational uplift to see people living in a community in
~e for over 1000 years having heen established in 1600 A.D., but
the large nUlllber of greeters on only tvo hours notice va. overvbelming.
Be sai.d the welcome was not o:üy very warm but a Masa vas held in their
~..AIr upon their arrival in the city and, upon touring City Ball,
U _ observed that many it_ received from tbe City of Cupertiøo
__ _ display, including a copy of tbe Cupertino Courier nevspaper.
~ priaary 1spresslon Mr. Spiers 1Dd1cated be received in his ls-day
_ of Europe and hi. IS-day tour of Italy (IIORt of vhicb va. spent
ia Capertino) was the tremendoua ~t of love and respect s~
.. ~tors.
CC-76
roll call
I
Sister CHy
presentation
.... 2
. f1Iftber trip
'. nts
!Uøutes
approved as
_nded
K1Dutes of the City COuncil, J_ry 4, 1971
CC-76
!lev Buainess (cont:l.nuecl)
.
Many _.entos were presented by Hr. Spiers, _ of which were u
follows: a painting doae by a Boy Scout depictlDl a church, a
castle and the town square of the City of Copertino, Italy; an ADDual
Report and a separate report to th. Boy Scouts of cupertino froa the
Boy Scouts of Copertino, outlining the history of the Boy Scout
.ovemetJ.t in Italy and their various activities; a pennant with an
elDblem sewn on by the Queen of Italy; a report on the different
regions and districts of Copertlno; a variety of photographs
wbicb included many of the local landmarks; a book concerning
touring Italy and pre-Christian relics con~'q~~~g of a vue in
its entirety as well as a portion of a vase estimated to be
approximately 1000 years old which had been preserved.
In conclusion, Mr. Spiers recommended that the Sister-City Program he
kept active and that the committee have a full-tilDe interpreter and
a secretary to provide immediate translation of communications and,
.further, that the Italian Consolate General, Mr. Paolo Molajoni,
;2590 Webster Street, San Francisco, be sent a copy of the Minutes
jof the meeting in ?rogress as well as future lIeetings pertaining to
Sister-City activities.
A brief discussion followed, after which the leader of the local
Boy Scout troop as well as the _ellbers of the City Council tbanlted
IMr. 5pi~rs for taking the time to visit Copertlno and c~plimented
¡him on bis excellent efforts as liaison between the Sister Cities.
;~:inutes of the Previous ~eeting
1. Approval of ~nutes of regular lIeeting of
December 21, 1970.
After corrections and additions were noted by Councilmen Frolicb and
Green on Pages 8 and 19 of the previous meeting ~nutes, it was lIoved
by Councilman Frolich and seconded by Councilman Fitzgerald that tbe
Xinutes of the meeting of December 21, 1970 be approved as amended.
The motion was carried by a unaniIDous vote.
Written Communications
2. From City of San Leandro: "A Resolution Urging State
Legislature to Enact Mandatory AutOlDobile Safety Flare
Legislation".
Acting City Manager Ryder reported that this item had been included
on tbe agenda for information only and would not require any action
to be taken by the City Council at this time.
3. From Santa Clara County Council of Camp Fire Girls, Inc.
requesting permission to bold its annual Candy Sale beginning
Thursday, January 28 through February 16, 1971.
"
t
f :
~ .
~.
t·
I
.
-
-
JUnutea of tbe City Councll, .January 4, 1971
Vrittllll c-.nications (c:-c1maecl)
After a brief descriptioD __ liven, it vas lIOVed by Counci1Jaan
Frollcb, seconded by Counc11aan CreeD and passed una~us1y that
pemiaa10n be granted for the Candy Sale v1tb a waiver of the
IlualDeas License ree.
4. FrtIII Santa Clara County Girl Scout Counc:il requesting per-
mission to bold its annual sale of Girl Scout cookies to
be held February 26 througb March 8, 1971.
It vas cO\'ed by Counci1Jaan Frolich, seconded by Council....D Cre~.. and
passed uaaai=~u~ly that approval he granted with the proviso that
tbe Business Lic!'". fee be vaived.
,.
5. Fr~ Hemophilia Foundation of ~~rthern California requesting
rer:ission to eonduct its annual residential solicitation
~f funds dur~ the montb of v.arcn 1971.
Acting City :~nager Ryder ~~e the recoc=endation that approval be
granted ~\' :',~ City Council subject to d"arance of the request
throu~h t~~ S~n Jose So11c1tatlon Coacissivn.
It vas se ~:~<J by Counei~~n ~itzKerald, seconded by Council~n
Green ar.j ~~~$~d uoanl=ously.
Oral Co==~~~:ations
6. kqueat by Counci::.en for re:O\'al of items fr= the
c.;.oseDt Cale:>åa r .
Tbei"e ...ere ~: requests :a~e by tbe Cuua:ll:oen present for removal
of items :'r.x: tbe Consent Calendar.
Report of C=iaa1ona
Counc 11 Represlllltatives
7. Transportation Policy COIIIIIittee - Mayor Stoltes
8.
Planning Polic:y eo.mittee - Councilman Fitzlerald
9. Inter-City Counc:ll - Mayor Stokes
10. League of California Cities - Mayor Stokes
11. Association of Bay Area Governments - CouDc:ilaan Frol1ch
12. Flood Control Advisory ComIIIi58ion - Counc:ix.an Noel
13. Santa Clara c:-cy Vater Coeaiss1on - Co..,...l.x.an Noel
CC-76
Page 3
Business
Licenses
granted
resider:tial
solie ita t ion
appr01e:
vario~s
report 5
Page 4
EC-51.2'::'':'.1
presenu-:ion
an~ ap¡;=-~"a¡
HC-51,D!.
presenution
8C-5l,234
approval
-
-
Kinutes of the City CouDd.1, January 4, 1971
Report of eo.tssions (cønUDaed)
14. Solid Vaste c-ittee of Planning Policy
eo-ittee - c-øcUaan Creen
cc-76
InaSllluc:h as there were 110 _tiDgS held of the above-c:1ted groups,
no reports were presented.
Planning COIIIIDissioD
IS. ~o meeting.
Architectural and Site ~proval COIDIDittee
16. Sub~ission of ~~nutes of Dece=:er 23, 1970.
lì. Recommendation for approval c: A,plication HC-51,224.1
cf David MacKenz~e for Foothi~: ?rinting and ?ublisbing,
Inc. for a si~ at 10950 Nort~ 31aney AVenue.
It was ~~¿icated by Pu~lic .orks Direc~~= Yarborough that the
sign ~as in conformance a~: recoomende¿ :~ the Staff Cv__ittec for
approval '::y the City Co"nc~l, after ~hi~:c it was move-:! by Cm,nci1:un
Fitzger~:~, seconded by :~~~cil~~n Frc:::~ ~~J pas~c¿ ~~~!:.~usly t~~t
Applic.l~i~n Hc-51,224.1 ~ a¡>proved.
IS. Recommendation f=r approval ~: .\,?1ication :!C-5: ,234 of
Jerome M. ~ñl:e and Associate, :cr landsca¡>ing, lighting
.lad undergrouoéiD¡ of utilitie. :cr lAke Bilt~ore Apart~~nts,
located on Bla~y Avenue, so~:c ~: Stevens Creek Boulevard.
Public "';.::-ks Director '!ö1r:'~rough indic..1:~': the recorr.o!'ndatioDs of
H-Contr~: cad been outli~¿ la the res~:~:icn previously distributed
to the C~~ncilnen and he had nothing t~ a¿¿ at this t~e.
In resp~=se to an inquiry by Councilna~ ~reen as to an access to
Stevens ~ree~ Boulevard on the north~es: siJe, Mr. Yarborougb
indicate: that this would be part of tè.e :inal agreement and also
included in the lISpS prior to final apprc~aL.
It was nc~ed by Councilman Fitzgerald, sè~cnded by Councilœan Green
and passed UDanimously that Application EC-51,234 be approved.
Parks aM Recreation eo..1ssioo
19. No meeting.
Vater eo..issiOl1
20. Subaission of ØiDutes of Deceaber 22, 1970.
..
..
lUDutes of the City Council, .January 4, 19ì1
.
Library Coamission
21. So _t1ng.
c.pertino Citizens Goals Camaittee
22. No _ting.
Public: BeariD!;s
23. ~cne .
Ordinances
24. Firs: reading of Ordinance No. ~67(b): "An Ordinance of
t"e ;'ity of Cupertino Ar..ending OrJiaance :;0. 467 by the
~.s:~::3tion of Additional ~top Intersections at Scofield
~:i.. 3nd ~estern ~rive and at ~e~rster Avenue, Fitzgerald
r'Ti'."(' and Peninsulél Avenue".
':"he ordi::.:l::':~ ""J::; read by \'ice ~1ayor Xoel. ~1::.('r which it ·..·as moved by
Council"",n ::::,o!, and scconde¿ by Counci:~an ,it"gera) d that
Ordinance _:- :-" ~e read by :itle only a::¿ :::.1t the Vice ~!ayor's
reading ..=,:,:~:e the first reading of the ~rdinance.
Ayes:
Soes:
Absent:
C~~~:~l=en Fitzgerald, Frolich. Gre~n and Vice ~~yor Noel
~...~::è
~..lY'::- Stokes
25. :ir,: reading of Ordinance :;0. ~75: "An Ordinance Relating
to E~rgency Organizations and Functions and Repealing
ùr¿i::ance No. 28 of the City of Cupertino".
After a r"a=:::~ by Vice Hayor Soel, it was "o~ed by Councilman Frolich
and secon="J ò: Councilman Fitzgerald that ùrdinance 475 be read by
title only 3::~ that the Vice Kayor' s reading constitute the first
reading of rhe ordinance.
!!,,'olutio:\s
I
26. So. 3002: "A Resolution of the City Council of tbe City of
CUpertino Allowing Certain Claims and Demands Payable in the
Aaouats and frOll the Fund~ as Hereinafter Described for
Salaries a&d Wages for tbe Payroll Period Ending December 29
1970".
After a readiq by Councilman Fiugerald, it was moved by Council....n
Creen and seconded by Councilman Frolich that Resolution No. 3002 be
adopted.
A,.s:
IIoea :
AIÞ_t:
Couaci1aeD Fitzgerald, Frolich, Green and Vice Kayar Noel
!lone
Mayor Stoltes
CC-76
Page 5
Ord. 1.67
first readin¡
Ord. 475
first readinl
Res. 3002
adopted
-
Page 6
Minutes of" the City Council, .Januaxy 4,1971
CC-76
Resolutions (continued)
lea. 3003
adopted
27. )10. 3003: "A lesolution of tbe City Coundl of the City of
Cupertino Allowing Certain Claias and DeBlaDds Payable in tbe
Mounts and frOll the lùnds as Hereinafter Desc:ribed for General
&Dd Miscellaneous Expenditures".
The resolution ~ pre.-uted by Council..n Fitzgerald, after vb1ch it
__ lIIOVed by Counc:ilIIao Green and seconded by Counc:ilJu.n Frol1ch that
ll.esolution So. 3003 he adopted.
Ayes:
Noes:
Absent:
Counc:it.en Fitzgerald, Frolicb, Green a3d Vic:e Mayor Noel
Sone
!layor Stoltes
UnfinishP¿ Business
28. Awaxd of Bids for Cupertino Civic Center Plaza.
It was re?~~~ed by Acting City Mana~er Ryder that Mr. Blessing,the
arc:hitec: :~~ the project, had ",~de a recommendation that the City
Council ao~.?t the low-base bid plus Alternates 1, 2 and 3 as sub-
mitted by :~e firm of Huettig and Schromm for a total of $71,740.00
and he ~'H :':1 concurrence with this recounendation.
?laza bid
accepted
It was =~.r~ by Councilman Frolich and seconded by C~uncilman titzgerald
that th~ :¿...:.::::....~endation of ~tr. Blessing in connection with the pldza
be acceF:L~ :~ include the award oi the contract relative to same.
Ayes:
~oes:
Absent:
~:~:1cilmen Fitzgerald, rrolich, Green and Vice Mayor Soel
~~.:::.-.!
:'~Yo,)r Stokes
New Busi:'!.r$S
29. .\:: Spiers - Report on Sister City. (Continued from
~ce:1ber 21, 1970)
This ite~ ?~e~iously covered at the beginning of the meeting.
Consent CaleaJar
30. Resolution No. 3004: "A R"solution of the City Council of
~è.e City of Cupertino Authorizing the City Clerk to Sign an
Åðreellent with the Public Employees Retirement System Amending
S<><:lal Security Coverage".
31. Resolution No. 3005: "A Resolution of tbe City Council of
the City of Cupertino Approving Local Agency-State Agree.ent
for TOPICS Improvement Project, Intersection of Stevens Creek
Boulevard with Foothill Boulevard".
..
...
H1øutes of the City Council, January 4, 1971
.
Consent Calendar (Continued)
It vas .eved by Councilœan Frol1ch and seconded by Councilman
Fitzgerald that the Consent Calendar be adopted.
Ayes:
Noes:
Absent:
Co~ncilmen Fitzgerald, Frolicb, Green and Vice Kayor Noel
None
Mayor Stokes
Report of Officers
32. City Staff
It was reported by Acting City }mnager Ryder that tbe library should
be cOD?leted and ready for the City to take possession by approxi-
...tely January 15th, pending settlcment of a dispute between the
sheet metal workers and the iron workers. lœ indicated that
Mr. Blessing was requesting approval of Change Order ~o. 6 in the
amount of $732.75 which is necessary to comply with the State Code
changes, relative to the elevator, which had become effective on
July I, 1970. Approval of this change was recommended by ~Ir. Ryder
at this time.
It was moved by Councilman Fitzgcrald and seconded by Councilman
Grcen that Change Order :0;0. 6 in the sum of $732.75 bc approvcd as
requesled to provide compliance with the State Code.
!'~~':'5.
NIJes:
Abs·:." :
Councilmen Fitzgerald, Frolich, Green and Vice Mayor ~oel
Xone
}myor Stokes
I. <as then explained by Mr. Ryder that the progress payment for
Challenge Developments, Inc. was due and it had been therefore
requested tbat the Council approve the payment of ~arrant No. 7584
in the SlDount of $41,399.10.
It _a lIoved by CouncillDSn Fitzgerald and seconded by Councilman
Green that Warrant No. 7584 in the amount of $41,399.10 be approved
for payment to Challenge Developments, Inc. as requested.
Aye.:
Noe.:
Abaent:
Councilmen Fitzgerald, Frolicb, Green and Vice Mayor Noel
None
Mayor Stokes
Mr. R.yder c:ontinued by requesting approval of Warrant No. 7585 for
$1,410.58 to tbe Cupertino Nursery in order to take advantage of a
discount offered of $470.19 if paid at tbis tilDe.
It __ lIOVed by CouncUlD8n Fitzgerald and aeconded by Counc1lJun
Green that Warrant No. 7585 in tbe 8IDount of $1,410.58 be approved
fo& pa,.ent to Cupertino Nursery.
Aye.:
IIoea :
~\t:
eounc:ilJaen Fitzauald. Frol1c:b, Green and Vic:. Mayor Noel
Noae
Ma70~ Stou.
CC-76
Page 7
Consent
Calendar
adopted
Change
Order
No. 6
approved
Warrant 7584
approved
Warrant 7585
approved
·ic
:t..
.... .
lease
finalizati=
approved
'. nc:reatioD
,rocrø
edMdu.'.e
4I1sc:....1aa
f.
,..
j,
.
.
K1nutea of the City r_41, :J_--ry 4, 1971
CC-7.
Report of Officers (c:oati...)
PermissiOll vas then recr-ted '" Mr. Ryder to atteDd a SurYey Course
in Public Ellployer-F.ap~ Relations to begin .Jannary 2let aDd con-
tinue for a period of six --... He continued by saying that tbe
course was to be held _ day per week at a total c:ost 0' $150.00.
.
It vas lIOVed by Counc:iX- Fitzgerald and seconded by CouncUaan Frol1ch
that permission he granted for Acting City Manager Ryder to attend the
course as requested.
Ayes:
Noes:
Absent:
Counc:ilmen Fitzgerald, Frolicb, Green and Vice Mayor Noel
None
Mayor Stokes
In reference to Itell No. SS on the agenda fQr tbe meeting held on
December 21, 1970, City Attorney Adams indicated tbat a one-year
lease had been drafted along the lines of the request made by
Mr, Regaart in bis letter in a~cordance with the Council's request
that the staff proceed o~ this item. He then requested peroission
to foll~w througb wlth the lea3e in this regard.
It was =oved by Council~n Fitzgerald and seconded by Councilman
Frolioh that the Clty Attorney proceed wlth the finalization of
the lease as requested.
Ayes:
Noes:
Absent:
Councilmen Fitzgerald, Frolicb, Green and Vice ~yor ~oel
~one
Mayor Stokes
There ~ere no further staff reports presented, however, a question was
raiseJ by Councilman Fitzgerald regarding the paper hanging in the
vindows of the Stop and Go ~rltet to wbicb Mr, Benevich responded
tbat the building bad been recently vacated and the new owner did
not, as yet, have access to tbe building pending expiration of the
lease.
33. City Council.en
In reference to tbe recent Parka and Recreation report, Councilman
Frolich questioned responsibility for funding of programs to be provided
by tbe schools and the progr... scbeduled in the evening at the parks
based on bis understanding that the City pa. '<s vould he c:losing at dusk.
In tbe absence of Parka and Rec:reation Director Parbaa, Ann Cuny ad-
vanced to tbe podiUIII iDdic:ating that the programs referred to by
Councilzan Frolic:h at the ac:bools were to be paid by the participants
vitb 10 per cent of the f_ to be forvarded by tbe instructor to the
City far handling of pultlic:ity, et c:etera.
Hr. Ryder ind1c:ate4 that it __ his understanding that Mr. Parbaa had
aareed with his rec: ~-U.oD that the parks he closed at dusk ..o:Id
be could not understlUld the ec:bedu1ing of evening progr_ at tbis
tme.
.
?Î
.1'.,
'"
."
g.,~
L~.,.
.¿.._- -
...._'1:_ of the City Council, J~ry 4, 1971
-.port of Officers (c:ontinued)
A.f~.lion followed wherein it vas suggested by CoUDCi~n Frolich
tllat possibly the school roou at Wilson Sc:bool could be uLil1zed for
~ ~ programs. Counc:ilman Creen agreed and suggested that
eø....t. he presented by the Parks and Recreation Direc:tor in this
nprd.
It .. _cually agreed a_I the Councilmen tbat further discussion
~1d take place regarding the programs presented as veIl as tbe
"l&eatiODS provided and it vas agreed by Mrs. Cuny that, subsequent
to the meeting of the Parks and Recreation Commission to be held
OD January 12th, further information would be presented to the
COuDc:ll at their next meeting.
33. Recognition by Vice Mayor of non-agenda items.
Vic:. Mayor ~oel recognized Xr. George Bonacich, a resident at 20771
Scofield Dri~e, cuperti~o, ~~o registered a complaint regar¿ing a
vacuun sweeper being o~era.e1 in ~~rvy~'s parking lot bet~een the
hours of ci~nibht aad 4:00 a.:. He said tbat during the Dast
tbree mont~$ the no!~e fr~ this vacuum unit had becooe intolerable
and reques:e" action be ta~e~ to alleviate the existing situation
as soon as ,vssible.
It vas su~~~sted by ~1cp. ~~ycr ~oel that the 5t~ff investigat~ the
.ituatio:1 .c:.! that ac.:';n ;,e taken accordingly. It was in,Hcated
by Acting City ~~nager ~y~er that imaediate actlon would be taken.
Adiourll:llen:
Ina.-uc:h a. there were nO additional DOn-agenda items introduced for
41sc:us.ion, it was =aved by Councilman Frolich, seconded by Council-
aaa Fitzgerald and pass~ ~nan1mously that the meeting be adjourned.
Tbe ..-ting was dec:lar~4 a4j~rned by Vice Mayor Noel at 8:37 p.m.
APPROVFD:
Is! Gary C. Stokes
Kayor, City of Cupertino
ATTEST:
Is/Va. E. biter
City Clerk
.
cc-76
Page 9
further
discussion
Citizen's
complaint
r('gistered
adjoun::,ent