CC 02-01-71
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CII'Y OP CUPEnI!IO, State of r__IU-.s.e
1-11 torre Ave_. Cupert.... CalU....ia
....eIlIJM: 2~2-4S05
_.,..; or l1li ~ - __... t1l! TIlt cm COl"CCIL HELD
ruaw.n 1, 1971 D 1.a . ,L ClAMBER, CIn ~
~.... .... .......~
'ilia _IoC _. called to or.-.r toy IIaJvr Stoke. at 7:30 p.m. and he
- ttV'~tly led the "~Uae 111 . salute to th.. flag.
..11 Call
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AcCeedina C",""ell_lI: Fit1ceral.s, i'roUrh, C-r"ea, ~:oc1 and ~ayor ,
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S~e.. Al~~ In attendance: City ~ Quinl~~, City Attorney AÆa~5.r0_< c.ll
C1~y Cler~-Fi~a~ce Directcr ~~*r. Public Works D:lcctor Yarborou~h,
P~~lft¡ Dircctor Sisk and ~cc~d'~1 SecretalY ~~":es .bite.
Cra~ b of Of i i ':t' ~'" Robert .... :._ :::':L~. C1 t '" }!an.l~c~
c:':.y ':It'''rk-F.~.l"1:.:'' Dire'.::''::: !.-.-:'e::- ..œi'Cisr~-n·(! t;:\' \hth o~ O:f~~oe ~....
:.ev:y-appoi~:~j City ,",...:141£:.. J....:..:..-e:,'t ii. Qi.Jinl1.li.
~tf'S of -=·yo.:..:iou~~~~
1. Appr"",oal of Hicu:es =! r;;¡¡;lat' ~ceLin~ ..)!- Jamlary 18, 1971.
It vas cove':' :-y C..:'Unc1Jm.an >::.-ë:.. ~cc.:-...:!cd by Cull:.....: l :111.1;n Green ar:.¿
~ted u~ani=.:"usly that ~he ~~~,~~S of the ~~~tin~ of January 18,
lt71 be appr~v~d as subIDltted.
written Comuu~i~ations
2.
Fro::> student" of ~potn1= High School Ec')l.'gy Club
conc~rn as to the ecyi.~~~tal diífic~lties.
express':.,!!; I
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1£ vas indicated by Hayor S~c~ that this item would be taken up at
dae next regularly-scheduled ~t~ of tbe Tnter-City Council.
3. From lmited Techl1Cl~ CeDter requ~sting proclamation
nominating tho ueeit oí lIaJ'ch :!1-27. 1971 8S "Quality Week".
Ie vas ~ovcd by CounciLaa2 ~1. seconded by Councilman Green and
J -eel unanilOOusly tbat the veefr. oí Jlarc:h 21-27, 1971 be procla~d
_ "'Quality ~ee:'''.
4. Resolutioll fr_ the T_ of I.os Altos Hills urging public:
bearings prior to db ~.R in ~!r patterns for inc_ing and
outgoing fligbts frca San Francisco International Airport.
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!" i Co·"" ( .'
: ap¡;,.-,-:e::d
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Qual!ty :..'f'C
pro<=:: a r.:ed
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.... 2
U-Z-70 and
a-V-70
.:::m.tinued
::-Jr bearing
....erican
W;1cer Assoc_
...:.¡thorlzed I:a
",deft
,:....c.1s.ion
~eports
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of the Ciry CDuIIc:ll, '....£-7 1, 1970
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vas __ 1rr Caunc:1luD ~. _udeel by Councllllan Froltcll
g support.iD& the baolaU_ f_ the Town of Lo. A1t,;:~ !!il.1a
...
Jlllbl1c ~s prior to _L & of air pattem. froa San
Intenaatinai AiTPD".
Fr_ J. IDIIert ne.pner r.....UJII po.tponement of public:
beadlll ~ Appeals for Applkatiolla 18-Z-70 eel 8-V-70 fr_
February 16, 1971 to March 1, 1971.
... "".. to City aerk-Finance Direcl:or Ryder, Hr. Dempster bad _de
~ ã.eq....t bec.r..soo of the facl: that he would be involved in a Trial
__ out of t30 3ay Area at the t18e of the scheduled hearing.
xx -=-a DOVed by ~~cilman Noel, sec:ønded by Councilman Green and pas.ed
by . aDaUimOUS ~::e of the Council that the Appeals for Applications
UJ-Z-10 sod 8-,--: be postponed for public: hearing on Karch 1, 1971.
~_ FrOlD ~~~:~3~ Cancer Society requesting authorization to
soli~:: :~d3 during the cal~ar year 1971, business license
fee t: :¿ .aived as it is a ~on-profit corporation.
Cicy C1erk-Fir~:". Jirector Ryder reported that this request had been
: ~ez:-e:i throug:c :~.. :;3n Jose Sollcitation Commission, after which it
: ~ ::::JVec! b:,. C:·_-=-_::~:;, ~{'cl, seco::.~ed by Cml"rt1~.'n Fit7.gernld a!1d
· p---ed unanm":"-~_7 :::"'¡t the America!:. t;a.ncer Society be authorized to
8C~lt funds :_:,-~ t~e year 1971, with the business license being
wzbed.
, A ~-:lon was =:, ::' C"ancilman Noel, seconded by Councilman Fitzgerald
1 a::IIf passed una::'::~\C51~' that the cøa:2UDications be accepted for filing.
; Or~ Cœaunica:::::s
7. Reque$: '::, c.,uncilmen for re:ooval of items from the Consent
CalE'n':J.=~
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c were no :,';~sts indicated at this time.
at of CO~i~i~~CS
8. Trans?=~:~tion Policy eø.aittee .. Mayor Stokes
., Stokes re;..:=:ed that a .pecial deconstration project had been
----d at t:" tut aeeting of this ec-ittee relative to bus servic:e
~ - u Clara C--cnty. He .sid a special meeting was held on January 28,
. Ion: vhich f:pr.... were pre.ented concerning two projects, one of
J - -~ -. a ~t=ation Crant wbich would pt'ovide for a study of the
· -- IP. of types af bus servic:e aad, secondly, a Capital I1!!proveDent
, eo. for the ~~:Use of 20 buses for use during the 18 months reaain-
~ of tbe bus ~:ody. He continued bJ saying th~ total study would
a period .:f t-..o years at a total co.t of $2,730,000 with the local
.
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_ of tbe City Council, F......ry 1, 1971
,'- _ I. of eo-issioDS (continued)
...
J..' ,î-- of Santa Clara County heiDa $539.801. The twO proposals
:"'.... eel, he said, were: 1) ~Øe City of San .Jose and the City of
,eiJe Alto payiog the entire 1~ share iDaSIIIUch as tbese twO c:1ties
.. llave the _st benefit f~ the sÞMt.- and 2) that tbose c:1tiea
.. "y the enUre cost for the 1Ðltial 6-m,>ntb period vith other
___ ac:quiriDl service paY1n& a share for the tsaining 18 IIOnthe.
- _ "ing to Counc11aan Noel's inquiry as to Cupertino' s' share of
die ~t, tbe Mayor indicated the figure vas unknown at this ti_.
C ... "as
tile aty at
~ prior
of
pro-
indi~ated by Counc11aaD Noel as to offerlng a position
this tilDe because he felt acre information should be
to any City commitaents to this project.
~ Stokes ~e~t on to say that there were two main questlons in-
YO¡~, those ~~ing whether or not t~e cities of San Jose and Palo Alto
sboŒ2d pay for the entire study or i¡ other cities should also pay
for ci1e service. He recoa:mended that the Council indicate that
~ino is ~i:ling t~ participate in this study and that the cities
of 3aD Jose and Palo Alto shoul¿ pay fer the first 6 months with the
C1~ of Cuperti~~ to pay future costs for any service coming into this
Cit]'_
It ~ moved by Councilman Fitzgeral¿, seconded by Councilman Green
~ ~assed unan~~~usly that the ~.yor cc authorized to proceed along
the £forementic"ed lines.
~. Planning Policy Comcittee - Councilman Fitzgerald
50 ~ort was presented.
1D. Inter-City Council - Mayor Stokes
~z-. Stokes reported that Councilman Green, Mr. Ryder and he attended
~ 1ast meeting which dealt prtaarily with tbe Meet and Confer La~s
~ enacted in the State of California. He said it was a very informa-
~.. aeeting but he had no report to present. A Mayors Meeting of the
~-City Council had been scheduled, he said, for Thursday and a
.~.t vould be presented conc:erning this meeting.
11. League of California Cities - Mayor Stokes
JkÞ ~rt was presented.
12. Association of Bay Area Goverøoant's - Councilman Frol1ch
Ie _ reponed tbat a _et1n& :'\ad bee:! scheduled for February 18tb
.... CÞuncillllan Frolicb request'" direction from tbe Council as to tvo
c. ¥bic:b were to be discussed, apecifi.-:ally, a cbange in the per
~.. assessaent of the c:ities and ~ties involved and concerning
W .o(1ve Resolution Ko. 171 _tithd, "Regional HOllIe Rule".
,
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ha·3
bus aer,,1ce
study
discussion
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. aut'lcr:zatlon
!(iven
further
reports
.-.. 1-
. 171
ntroduc:ed
for review
9-V-70
,resentat ion
: arianc:e
daft ied
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~es of the City CouncU, ...."
J 1, 1971
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- _ JI:t of ec-iui0d8 (coatiJlue4)
r -11-.. Frol1c:1a apla1Ded tlaaC tile 8Cha1 c:..... ~d be arOlJDll
1-1/2 c:...ts per capita and. aftu . ~ diac:uuiOD. it vas .",.. by
r iX-a Gns and aec:oaded 117 t 11_ Boel that the propoaecl
K8Ca c:baDge he aapported.
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-.ae. :
~eGt:
CouDc:1lMD ntzleralll, Pro11dt, Creen, ltoel aDd ~or Stokes
Bone
Rooe
ConcernIng the Executhe Resolution lto. 171 previously mentioned,
~i1lll3n Frolich requ~sted that the sta~f reproduce his c:opy and
distribute same ..nn~ the Counc:il ..abers for their perusal. He
iAdicatedthat the Council's vote aay be requested and at such time
I ...,. ",. '" .... ........ ".. ,ho """'" .. ,. ... ,. "......
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13.
Flood Control Advisory Coaøissio~ - Councilman Noel
II,.
Clara County Water Commission - Councilm3n Noel
$a~:.a
It was .oported by Councilman Noel that a meeting had been scheduled
::>r Februar,' 3rd. after which he ,",ould present a report to the Councll.
15. òo:i~ ,aste Committee 0: Planning Policy Comnittee -
C~~~~il~an Green
:~Jncilman ~rooa reported that t~~ subject of disposable cans and
t ~t~les wc~l~ ~¿ undertaken af~~~ the ~eeting of this ~~nth.
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?lanninR C~;.~isslon
16.
Su~:ission of Minutes of Ja&uary 25, 1971.
17.
A~"li~ation 9-V-70 of io"bitecl1ff Realtv for a Variance to
r~~u~o the acreage requirement of RIC (Single-fa~ily Cluster)
fro: 5 acr~s to 3.36 acres. Said property is located westerly
of ~èrriman Road and Voss Avenue. Denial recomoended by
Plan~ing CoIDmisslon Resolution No. 854 on January 25, 1971.
Planning Director Sisk indicated the property is presently located
within the County but had been pre-zoned by the City in 1967 to an
13-2.7da zoning which requir~s a .inimUIII of 5 aores for development.
Be vent on to say that tbe front portion of the property is no longer
øvned by the ~pplicant, who owns ~he 3.36 acres at the rear of the
property only. A requ~st had been .-de that a Variance be granted at
thia time for a reduction of acreage required froll 5 3cres to 3.36
acres. It had been rec...."nded by the Planning Co....ission, he con-
cJoded, that the application be denied in this case. InaSllluch as
the applicant waS not present, tbere vas no fUl'ther discussion of
tkls application.
xc ..as moved by CouncU.an Noel, seconded ùy CouncillDSn Green that
Che decision of the Pl.nnin& co.ais.ion as to denial of the Variance
requested under Application 9-V-70 be upbeld.
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Ap;<::..::i.....n HC-51.2.!.7.1 :: :'. ~rien 1.Hls\.'n rcqu('sting 3P?-:'c·:.J.l~
of .,¡:-.-:.:II....cture an¿ la!".:;:a;;:'::;: for C'on\"!':'rsivn C"f C'yiso:.i::? i
Tr~~>-',:' to ('Ot:\ï·er::.:a: ·_~é. :"airJ f'T0rcrty l(\(";~t~d at 2r,.~,JJ: i
StL""~-:.~ ':r("C"k Boule:·:~r¿. (7~é vote unJt!r Architectural a~¿ :
Si:o ,',.:~~~val Co=ittEe ?..;lEs is failure t" approve.) i
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jnc-s! ,24ï.
I pres.."t al ¡.
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IliDutes of t:'e City Council, Febraary 1, 1971
Pànning Ccn:aission (con~inued)
.Ayes :
JIoes :
AJ.eut:
Councilaen Fitzgerald, lTolich, Green, Noel and Mayor Stokes
None
None
Architectural a~ Site Approval co..!ttee
18. Su~ission of Minutes of january 20, 1971.
19. Appli.a:ion 237-HC-66 of ~. A. Sutton for rene~ing authority
to c~~:inue temporary use of batting range located at 22202
Hocest<3d Road. Rec08REnded for appro~al.
It ~as i.Ji~3:r~ that there had be,,~ nc changes subsequent to prior
~en~.al app¡~.~: 0f this batti~g ra~ge facility, after which it was
~~e¿ by ~'ë~:::=3n ~oel, se~o~e= ~¥ C~uncilrnan Fr01:rh that Applica-
tion 237-IìC-~, :c appr0ved for ré::<:".il 2S recor;::!"nded.
.J..yes:
!Ç:'E:s:
}~:-5ent :
cC'~:-.: :.:::c:n
~.:':;.¿
S..."':".-:'::
Fitzgerald. ::~~:c~, Grecn, X~~l and Mayor Stc~~s
20.
:~ vas r~r~r:~~ ~y Public ~or~s ::~ectcr Yar~oToufh :hat this ~atteT
=--õd been ri:~~-~,c': to the Archi:~:::..;.:-al and Site Approval Commit[£>e-
:::r rt:consi.::::-3.::......:1. anG, inás=l'.Jc·~ as :'10 definite df"l'is.ion had r-Qer'!
1La¿e, was Tt"::::-,¿j to the City C:·....;.:..cil fer final deterrnin.ltion.
~J. ~illia= ~. ~~dl~y, Architec~ect, cOOlllenled that several probl~s
",ere invol~e" :0 ,~nverting this r~sideace and the follo~ing additicns
and revisiC'::$ >..1': ~ecn ma~e: the a;:prcac:h to th,~ structure was chang(·d
%0 side entr.;.-::'t:5 by the use of ~ lattice screen r:C't:'Ipos,..~d of darfc. reè-
vood. a re¿..·.....:..: ...·.leer table ...·as added [0 minimize the 1'1f~~j :-=;!1t of th~
~~llding, C~< ~~ll vindow was el~inated and the bav ~indow5 vere
¡overed to =ú, for a lIor" pleasi=¡; look to the baUdin¡:. lie con-
,luded by s~y~~~ that the colors 0: thc building ~ere to be tan and
4srk brown an~. ~ecause the roof vas in e~cellent condition, it had
~ proposed to ~ep tb~ existi31 roof.
In response to ~ suggestion aade Dy Mayor Stokes that slats be con-
.i4ered along t~ sides of the building to tie the redwood areas
UlCether, it "'as iodicated by Hr. Bedley that this had been pre-
~ly considered but vas elt.inated because it gave the illusion
of additional l>eisht on tbe sides of the building ..-hich was deemed
CICIeairable.
CDanciIaan Noel .entioned his feeltaa that the laprovements suggested
-.re very good one. and, with tbe a.Ll1tion of tbe proper landscapil\\.
1 '" be very ..ppealing.
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2:3 7 _1;1~ _l', .,
I ,- <,
Tcne~:~]
itpp~"~ed
discussion
arks and
"'creatlc:1
report
41scusai_
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.. of tbe City Counc:il, ~_"'I 1, 1971
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kddttlctural and Site Approval c-Utee (continued)
Ills. Susan Maaùng, Landscape Des:lper, briefly revi'!Wed the p~otoaed
.'-inl and, f..,,_ncb aa tbere wre 110 questions indicated, it --
_ ...a by Cou""llaan FiugeTaltl, -^'led by Councilman Frol1ch that
-.,1~cat1on BC-Sl,2ta7.1 be a"v~_...a·
..:
CDunc~lDen Fitzgerald,
None
None
I'Nlich, GTeen, Noel and Mayor Stok'¡~
· ....
I At I~t:
I ?-..rI<a and Recru:1on
t 21. SubuiHion of Minutes of .J....'ary 26, 1')71.
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22.
Rep~~: ~nd clarificat~oo as to allcge, rcducticn in recreation
pr~~=~s for teenagers.
!: ~espunse :: 3 r~~aest made by ~~:or Stokes ~\3t d represcnta:i~e of
:.:.e Parks a:-.~ :.;;:.:r~atioh ~pa:-:we::l': CQ."!I;C [or·..·.1:..: 11.."'[' discussion,
~s. Ann Cur.,- !,:v!:1ced to the podh.2.
~ ¿esct'ib~': :-~ \"..1riOU5 prcg':'a:::::5 in exi~tc~..·,.' .~t ·~·3r1ous sc!'t:::..cls,
soc.e of whic:: ".- .:'':è .1~ fo11.o"";9: ;;,e~n progr'l:-:' .J.: l" ,'1: i qS Intcr-:·:c.~ iate
S:::":-~l condu.::-:': ::y Bob Wilso',: :ç:- C~llins tlt.~~:"'-:'- ,'n'y, Nonca "..tista
::..ig~ S\.:hool ;~.;.:~~ [or ddul_5 an:: s-eniû..: t.:..:::_, .:..: ...:!ru;-!:1 ¡.:-czr2':
at 5edgewic~ ~,:~-:'-'V:.
E:-.re contlnut.''::·'- $.1ying that :.:-.e re·:uc~i..m i:: :·:-:~L\"J.S had cc::''2: in the
¡';:':scn Park .¡:-~.; "::1': relayed. t:-..e ==: lo·.áng s",~~:..·:-:..-,~ ct events ·.·...lch had
xC".1rred_ 1:-..;. ::-:':1~ of 1910, ·.:ls::~ P;¡r~ ......i..;: :?~:1 ('n ~!onday, :'Jec;day,
:-:,'"rsday, Fr_:~·o a,,¿ Saturday !roc E.:OO p.m. :,' :C:()Ü p.m. "it;' very
fev excepti~c>o Durin~ the ~r ç! 1970. :ce '",lding and grounds
ver~ open t..:- :':";~!!I= afld o,thers !,,~.Y thr('lugh :::.~:·.lrJ.1Y in the e':E:nings
free 6:00 p.:!, :c :0:00 p.",. !)-..rl:ag cl,t: spr:r,~ .i".i su:nmer of :970,
G.a::.ces. tee:". ::~:- fU:1ctlons, tutori:-:g for th-:> ~::.~.l.!\·antagcd. ·..arious
ex.::ursions 3.'"''': ',1::. sessions ·-.'ere b~:d at t';il~h':: ~·.1r;';' and in August
t~ dancing ~~i j~~ sessions were d:sconti:1u('¿ a~J Jror-lns v~re
¡ l!a~ted to F:,"~y e,ocnings only.
l:a ~anuary c: :~:-l. she concluded t:here were DC t('~~l activlt!es and
~ building "'5 ~eing closed at 6:00 p.c. Rc>;.-,m.ling to Mayor Stokes'
baquiry 3S t: :,her locations beiq tellporari:y utillz"d fOT activities,
~.. Cuny ce~:i~ned that tvo escra leaders ~ere ?~t on at porcal Park
to ~~~OIDIDodate th~ Wilson Park lccrease. She iadicated that it '~d
~ the desire of the Parka aød Recreation De?art~cnt to ootAin the
Dlaico propen,. or, upon moviDC che department to City Hall, the
~rial Hall facility vould be yac:ant and highly desirab~e fot
_ prograas.
~c:ilman Gr~n coaaented that. before conte~?lating tbe use of
warious buil¿i~gs within the City, the Parks aad Rccrcation Department
....ld study the existing procr- as well as plan for new ones based
...-m the reSDarces available. Be 1adicated his feclinz tbst buildings
-( 1d be obtaiDed if the prU5~ ~Te available.
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_ees of the City Council, FeIon,~ I, 1971
~ cd Rec:rution (c:ont1øued)
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!ie. tlayor _,,-Ücned that 1180)' prosr_ c:oul" still be c:ondnc:teJ at
.n_ Park ..~~!aJut tbe neceuity of c:urtalliag programs altogether
... .greed wit~ Councilman Creen that fac:ilities could be .ade
..-11able if r""fir... were established. He said then bad not
"- a great de-ù oí c:oDstrnc:tl_ c:riticiSll on the part of tbe
IZrks aDd Recr..tion DeparteeDt aDd c:Jarified that the City Council
.... heeD ðwan "f the proble:as for quite so:oet,="e. lie concluded by
-.ytng that ¡¡ :,,:nt ~eting would be held "it~i., the very near future
~en the :¡¡~Ss and Recreatioa ComIIIissio~ tc convey the Council's
"'ires a~ ~~:: as suggestions froa the Comci.sivn.
Coancilmaa Fi::.otald was of the opiDion that t~è Colllns teen pr~?,ram
... a very ~.':': one and sbouid be duplicated ,-.:;.esting that high
sc~ool gyms ~ :èt:sidcred.
It vas Coun~:~~~~ Fro:ich's ~~ression that ~~~y ~ørd f~e'~~gs had been
leDeTated dC7:-_; t~¿ past few Do~th5 becau$~ :: l~ck of comnunication
aDd ¡elt th,,:. _= cooperative ei!"rts were '",¿:' c'y both tne City
Council and :¿:~~ 3~è Recreatfc= De:~rtrnpP~~ ~3~~ excellent progr~'s
C:0'.11d conti~,c, :: :'e provided t" fill the "..."< .'i the City.
M&70r Stoke. ':::< of the City' s ~¿"et, ex,': _" ::,. the bond is..uc, had
&~ from 3 :_~_:¿ of zero to c~e-quarter c: ~ =:~lion dollars
~ropriati....:-" ::: ?lrks and R~c~E:atic:1 wit~::': :'.-:.' past nine years
~ding thai:. :: :~1is was to be co:';.tinuf:d, c:::-c",\tion \:()u1d hë1\'e
~o be put fc~:: 'v the Farks a~¿ Recrcatic~ :c;~tt~ent.
ID reply to ~~ ~~~uiry by Council:an Green r~~~~iing an increase in
l~ting at ::::~l Park, Mrs. Cuny &aiù it r.~~ :~en rcquest~d that
eztra lighti~~ :0 placed at th£ rear of the ,"i:!lng, near the ~o]iey-
ball courts, Â~ :b~ present lig~ting was not ~;~~uate for the area
between the :...:ciing and the fenA:e.
Tbe Mayor the= =equested thac t~e staff folIc. ~hrcugh on the recOIl-
.eaded lighti~ ¿~d eliminate the existin~ Si:~3tion at that facility.
Vater COllllliS$i:~
23. No DN":iag.
~ary Commi~$iQ~
%4. Subooi.s:sion of K1nutes of .Tanuary 19, 1971.
....._. Stokes i: referring to tho.! .equest io:licned in these IUDDtes
~-I City Clerk Ilyde. to c:ontact tbe Library c.aaiss1on a.airaan,
~1ng hia t" contact hia relative to tbe library dedication.
- ntiDo Cituens Coals c-ttt_
25.
Su_f-tlJQ of lIi_t_ of Steering ec-1ue.' of _tiDa
heU .--ry 26, 1971.
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f',rther
di?lo~\1~
various
Minutc!!;
su,,",lrtt.'d
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m-ae_ of the City ('
n, hb~, 1, 19n
cc.:7.
Public 1Ieari-..
2$. A. S1a'-18aiA of ¡-.on b1 P1_f,. DIrector folionð b1
PuIlUc 1IeøSIII8,
I. Applicat1.oll8· ft'r t.nd Cauaration c:oatract for inclusion
of lad tao CiI:J of QapertiDo .1cultuøl Presene.
Sa1ð App11cU1.oII8 are as follovaz
1. Applic:aut - Owner Otis r. aDd !luriel B. Forge for
......or'. Parc:el au.ber 321-41-72 c:onaisting of
9.26 acres located IIOrth side of H_tead Road,
600 feet weat of Sunnyvale-oSautoga Road.
2. Applicant - Owner Otis F. Forse for Assessor's
Parcel Huaber 326-lC-Ðl8 consisting of 7.388
ac:res locate<! west sf.de of Saratoga-Sunnyvale
load between Homesteðrl Road and Highway 280.
.
Planning Di.ector Sisk informed tbe Council tbat he vas presenting a
.illia3Son report concerning the applications in question as required by the
~t applica- Williamson Act. H, mentioned that the land had been used for agri-
~,~n presented cultural purposes and to establish an agricultural preserve of this
area would be consistent ~itb the General Plan for the City ~~erein
the preser~ation of green belt ar..as .1!1d "breathing spaces" is mentioned.
He then referred to t~ assesSlllent anJ tax inforoation obtained from
tbe County As'.essor's Office which had been indicated in his reporl
forwarded to the Ccuncll1Den previously.
....ion
audienc:e
ts
JIIIblic bear
--IOSfed
Kr. Puetz questioned tbe possibility ef a dedication problem arising,
to which Hr. Forge responded tbat the land had already been donated
for tbis purpose.
After a brief discussion wherein City Attorney Adams clarified the
procedure to be utilized as far ar. sequ~nce of discussion, the Mayor
requested audience comaents.
Mr. Otis F. Forge, 20691 Hoaestead Road, Cupertino, voiced his desire
to retain the agricultural aoning of his property addir~ tha~, if the
rezoning was grant2'J, tbia land would be kept by his t.': 1;/ for a long
tillle. He co.IIIented that this prograa had been very su, _s~ful in the
San Benito County area in the past and streaaed the fav"crable possibil-
ities in tbe City of Cupertino.
Anne Ang£c, Konta V1ata, fait tbis _s a good opportunity to preserve
this land fro. develcr.-ent aÐd requested the Council's bvorable
~!:I:I.ider.t1CJD of Mr. Þr..'a requa.t.
,
Ina_ch as there vera 110 further audieace c-.at. offered, it -a
_ed by "~-'oCilaan lIoel, seconded by Counclt.an Fitaser:ld and passed
by a unanblous vote that the publi~ Madllla be c:losed 00 thia it_.
CouDcilaan Roel .. of ~ f..',1111 that opeD apace.. desirable,
boIIever, the loc:atioll __ not appropriate 10 thi. iMtanc:e. !Ie
auaguted that the foothUI areas ¡'e ;;;...aidered ae than or..re laqa
__to of ac:reaSe _Uabla ratMr than the ~ler ac:rMges vnde~
.
.
.
i·
.
.'.~
II1nutes of tbe City CDuncil, February 1, 1971
Public Hearinga (coat1nued)
I..:
COII8ideration. He coatinueò by adding bis concern relative to the
taxea on said properties beiDg reduc:ed for the owner aod increased
for the Cupertino h1rr -,,¿rs. . tn c:onclusion, he indicated his major
concerns as: 1) a ptecedent being set which could cause repercussions
in the future an.L2)' a resultant decrease on tbe tax rolls of $10,000
a year totaling $100,000 over a ten-year period.
.~
:7//
.....,.
I'
r
It va... Councilman Prolich' s opinion ~hat preservation of tbiB land
would ~e óesirable as a deterrent to commercial developIDþ~t inaSIDuch
as a develpcr would have to pay a di[fe~ence in taxes for previous
years. He further indicated tbat tbis use was a suitable one for
the City of Cupertino and meets all requirements.
Co~ncilman Green voir.ed hi¡ favorable comments relative to green b~lts
but indicated also that th, location was not appropriate and could
stert a trend involving homeowner's in additional tax bur.'ens. lie
also felt ~hat tbe land would not necessarily go to c~crcial use
and could, instead, be developed as a residential area.
It was irdicated by Councilman Fitzgerald that the applicant could
sell hjs land to a developer if he had the desi,e to do so, aèdin~
that h" f..lt Mr. Forge's intentions were good in this iI.=tance.
I'.yör Stok<" Indicated his concern re¡;udil1g an addit icna 1 ta" huri!<-"
being shii:ed to hOt:le01omers in the community but also indicated that,
if the resi¿~nts desire open spaces, thpre should be other means of
paying for breathing space besides the individual propert~ owner.
He then su"ested that the full intent of the Williamson A<t be
thoroughly a:.alyzed prior to any decisions heing made relative to
land preservation.
,)iscuss on continued wherein·the assessed valuation had been q..esticn..d
&nd, inasouch as Mr. Forge requested to be recognized, it was IDOved
by Councilcsn Noel, seconded by Councilman Green and passed that the
pub.ic hearing be re-opened. Mr. Forge then indicated to the Council
tbat the assesbed valuation was $44,300 on the land which included
ainor imFrc~ements.
Mr, George bonacic:h, 20/71 5cofield Drive, Cupeldno, v..s recngnized
by tbe Mayor. Mr. Bonn~ich reported that th~ ~~~lty under the
V111iam$on Act vas 12-1/2 per cent of the total value of the land
at tbe t~ of sale and must be withdrawn vitbin a period of 90 days
prior to the ~nd of the year or anotber year is added autoaatically.
City Attorne:1 AJ..~ read the penalty clause contained in 'he Willi~so
Act indicAting tbat it vas not really clear to him what the int~rprota-
t.ion of t"is partic:ular clause vould be. It vas then suggested by
ø.'0~ St~es that t~e q~estions brougbt up pr~viouslT he studied
further, that penalties, sdvant.tges and disadvantages as well as
pro.:edures in other cities be also researched.
CC-78
Page 9
Counc 111'1en '!!
co...ents
puhlic hcarinl
rl'-q,en"d
.
.
IUDutu of the City CoancU, February 1, 1971
CC-7.
Pub~lc Burlap (CODt1aall)
SaMail_lit to a brief. .1~.1oa, it vas _ed b1 CouIIc:n- 1Ioe1.
_oaùd b1Cc1u11cU- fit"èra1d and passed ,......f-dy tbat the
public beal'1ng be left.... aDd post.poned to the _t1ng of F.brna1'7 16.
1971 to allow for f ÞIIei'-1Dwe8tigatiqn into the subject,
I_cb aa the applic:ant qreed to proceed at this tiM vitia tile
rezon1q, å _tlon __ ..sa by CounclIl11aD Frolic:h, seconded by
Councilaan Green that It. 27 and 28 be consolidated and coneidfted
for discussion at this tiM. The motion was c:arrled by a -~
vote of the Council.
27. Application 19-Z-70 of Otis F. Forge for rezoning frea
Agricultural-Residential Single-fallily one-acre lots (Al-43)
Zone to Agricultural (A-215) Zone. Approximately 7.38 acre.
located northerly of and adjacent to Junipero Serra Freaway
and approximately 360 feet westerly of Saratoga-Sunnyvale
Road. (Ordinance No. 476 on first reading under Itelll No. 31)
28. Application 20-Z-70 of Otis F. and Muriel N. Forge for rezoning
from Agricultural-Re&idential Single-family one-acre lots (AI-43)
Zone to Agricultural (A-2l5) Zone. Approxim¿tely 9.2 acres
located northerly of and adjacent to Homestead Road and ap-
proximately 600 fect westcrly of Saratoga-Sunnyvale Road.
(Ordinance No. 477 on first r~aGing under ltem No. 32)
Hr. Sisk indicated that be had nothing to add with the exccption of the
fact that the request had been recci~ed for rezoning to exrlusive
agricultural use on these properties and the Planning Commission
had previously recommended approval of the two appllcatio~s.
It was moved by Councilman Noel, seconded by Councilman Creen and
passed unanimousLY that the public hcaring be closed on tbese two
items as there were no audience comments indirated.
A motion was entertained by Councilma~ Groen and second~d by Councilman
Frolich that Applications 19-Z-70 and 20-Z-70 be approved and that
Ord1nances 476 and 477 be read by title only and that t!.e Mayor's
reading constitute tbe first reading of said ordinances.
Ayes:
Noes:
Absent:
Councilmen Fitz¡erald, Frolich, Green, Noel and Mayor Stokes
None
None
29. Ap~eal of Application 25-U-70 of Mr. R. D. Koenitzer, Jr.,
requesting the City Cour.cil to reverse the dec:ision of the
Planning ea.slssloa Resolution No. 840 recommending tbe
granting c! a U.. 'èrait for a drive-in pbotographlc process-
ing fac:ility to Fotoaat Corporat.on; located at the soutbeøst
corner of Sarato&a~unnyvale Road and Stevens Creek B~,levard.
Planning Direc:tor Siak reported tÞat tbe Planning eo.alssion had r~~
mended approval of this a?plication subject to the 14 Standard Co~itiona
as well aa three ad4it1oaal conditions, 1.e., a revised plaø he supplied
· .
lliDutes of tbe City c-øcn, February 1. 1971 CC-78
Pace 11
Public Hearings (cont1nøed)
';C~t; the C-iSlion 1I1d_u. pnwislon beiD¡ aø!a fOl adcIit10aal laIId-
':aeap1D¡, paving, paddDa ... traffic circnlar.loD¡ provia1oD .. "e
!f~",," "restr_ fac11iC7 _ 1aticated in the OIdfcma 1a1ldina CocIe ø4
C:fíåf tile Use Perllit be f r -f _ a t.'WpOrary basis for a period of
,cft... Jeau.
Ifr. Puetz, Owirun of cbe n-tn¡ Ct-Isdon. acJdecJ that It ...
..tually felt that the "'lt1on of a POtoaat at this partlc:alar corner
-U upgrade the enUre area aDd a suggestion had also been ...se that
the diagonal parkin¡ coa1.d possibly e1Woated on Sarstoga-sunnyva1e
Road.
Mr. R. D. Koeniuer, 10060 Pbar Lap Drive, Cupertino, indicated his
c:oncern that the FotOlllllt building's size WGuld be overpowered by
the surrounding l.rger buildin~s, that traffic ingress and egress
would result in a trsffic hazard, tbat tbe use was non-conforming
in use and, further, that it would create a bad image at the "Bin
intersection ~f Cupertino rather than upgrade tbe area. ae said,
with tbe approval of tbis application, a precedent would be set for
future applications which would be detrimental for the c~nlty.
He concluded by saying thac chis appeared to be a "small shack"
in relatlon to the surroundlng businesses, and requested che City
Council overrule the approval recommended by the PlanninR C~ission
previously.
Anne Anger of ~nta Vista, and also a m~mbcr of the Cupertino Citizens
Goals Committee, in relati~g this structure to the image of the CiLY
of Cupertino felt the City Council should deny the application.
The applicant. Dave Lyles, 40080 Fiftb Strect,Lon~ Beach. ~lifornia,
c:omaented that the conditions adde~ by the Planning Commission were
iaposed to bring tbe operation up to st3Ddards. He saii that tber~
vere over 1100 of these operations across tbe nation and conc:luded by
offering to relocate the building on the lot to avoid a bottleneck
of traffic in tbe area.
In response to Councix.an Fitzgerald's inquiry as t~ vhether or not
the applicanc had agreed to install a toilet facility, Mr. Lyles
88id be vaS not in agreeaent with the Building Inspector's inter-
pretation, indicating bis own interpretation to be that a toilet
fac:ility be located in, arouDd or adjacent to tbe building.
It vas aoved by Councix.an Hoel, seconded by Councilman Green and
pasaed unaniaously that the public bearing be closed.
Ina_ueb as Mr. Koenitzer requested to offer a rebuttal in this
inatance, Councilman .oe1 vitbdrev b1a motion to close the public
bearing, Counc:ilman Green withdrew his aec:ond aDd the public hearing
... tben reopened for Mr. )Coeniuer's cOlSenU.
appeal of
2S-U-70
approval
autl~ :cant 's
C~..1ent ~
publ ic
bearina
closed
action
withdrawn
n
__12
%5-U-70
òmieot
:~-~-70
á :3-:'-70
¡. :-00::..1
=:'!s~=tat1oa.
~Uc:ant's
:;--mta
...
.
.
JliDutea of the City c----t~, ....ruary 1, 1971
!'ûllc: IIeariDp (coatiMel)
ìIr, røedtIC AU, U "_"'I1.C. area.. Co be cakeD 10 coøCGt,
_ bal1.~ of tJa dålld 4' :& g' _102 look wen 1oeace4 at tile
cDner. . adtI'diJ'fi¡n.... f8dJ.itJ .. a requinMDt of ",iDeM
~-'.1'IIa .... aD -.èlw _._~ aot be _de in tb1s cue. III C_
é1adilll Its. nlNttal, *.o~ c:__ted that tile _-9'å of
tba Cicy of QapertlDo 'i.I .. 1øIIered by plac_t of ells. bas1Du8
fa thb 1ocati_.
cc-78
1.t v.. 80ftd by CoaDcU- Qr_, .conded by Counc:i~ ~l1cb and
....ed ...._f_1Y that the pa1t11c beariDl be closed.
Baaed on the fact that . sia11&r appH~::don had previously been denied,
that tbera -xd be o~ ca.i1l8 in if tbis val' to be .pproved and
his feeling tbat this _ not needed in tbis un, Counci1saD Noel
aade a IIOtlon that the appeal he upheld and Appl1c:atWil ZS-U-70 be
denied. The IIOtioa __ tbeD aec:ollded by GoundllDan Frol1c:b with the
following vote baiDl takea.
Ayes:
Roes:
Absent:
Councilmen Fitzgerald, Frolic:h, Green, Noel and Mayor Stokes
!lone
!lone
30. Appeal of Applicarion 2o-TK-70 and 28-U-70 by Urich Enterpriøes,
Inc., requesting the City Council to reverse th~ deciøion of the
Pinning c-issioa bsolutions No. 842 "nd 843 denying the
division of 0.87 acre into two parcels and the allowing of
a Taco Bell drive-in restaurant on Parcel B; located at the
southeast corner of the intersection of Stevens Creek Boulevard
and Blaney Avenue in a General Commercial (CG) Zone.
Planning Director Sisk reported that the request for a tentative map to
divide the property into t~o portions, those being areas of 24,000
I square feet and 14,000 square feet, respectively, ~ith a Use Permit
being requested for plac.-ent of a Taco Bell facility on Parcel B.
He indicated that the PLaa21ng ~ission had previOusly recommended
denial of the applic:atioa Balnly because the property would reduced to
_11 units and the sen1ce station site would also he reduced.
Slides and photographs were prcsented for the Council's information and,
in response to a stat_ _de by Mr. Puetz regarding the parking probl_,
Mr. Sisk indicated that the parking provided vas in coaforaance vith tbe
present ordinanca requir~ts.
The applicant. !"~. Bugb Lacy, Senior Vice President of Urich 011 COIIIpany,
disputed the Planning Director's meIDoraddUID indir.atin« that the service
station site property is 38,000 f!'1uare fe.!t and if developed as a
service station _1d _ doe largest in tbe City of Cupertino. Øa
added that, even at a size of 24,000 square feet. the statioa is the
sec:cmd largest located .. Stevens Creek Boulevard today. Be _nt on
to say that be bad b_ iD business for 25 years and the -~ footase
required, to his ~~, bad been 22,500 square feet.
. .
JUnutea of the Ci~y c-.:U. February 1, 1971 C&-78
Page 13
.....11c Beari1lJs (c:ont~
.. 1.aC7 said that .-,.. dill application he dlln1el for the use 1D-
t-..:r..... _ tbe djoiIdJII... i oL,FJ it would be . deaJal of . property
. aaic¡aotlìt;1II,ðr sr'r- ' · C ..u regard1lla the I'orp property
;:íNfa "f~r"teddÎII ..'. L) _r ..bouU DOt .... to pay us..
..-1ateDt ~ ·UI. .
, .. "0""'1011""" aay1JIa tM& die eenice station 11M ..... built at .
__ of $65.000 for ~4 -4_ ad $100,000 bariJII heeD peid for
tile laad,... it .. DOC '._1 to require ~iate app-adiug of
die _rvice atatloa .. . ~ 'uion or to prohibit adjac:eat land use
for future dne]'\y- . of dill IMrYice IItaUon site The Tac:o Bell
oqaniuUOII had been im'l!Stipted. he said, and foand to be a very
desirable veature because ~ its bigh standards and clean oper«tion.
.. theD introcluc:ed Mr. a.dt Faavre who vas representing Taco Bell.
A brief diac:ussion ensued wIoerein easeaY-nts were diarusaed and after
vbich Hr. Lacy requested to rebut cOllllftents in opposition to tbi8
application.
1Ir. Chuck Fauvre, 10440 Manu Drive, Cupertino, the Taco !lell represent
tive, _nt10ned that his 1O""pnlzation was planning to pay $25,000 for
the property in questlon a~ vas e7pecting to run the ~siness for
20 years. He described the arcbitecture as c~nsistiag of adobe walls
v1tb a Spanish tile roof which appeared to bp agreeable ~~th the
surrounding area. He contiDued tbat Taco Bell was willing to meet
any and aU requir_nts: 0: the City.
Be said tbe volume of the Taco Bell restaurants vas great and it is
ODe of tbe few chains that Is a leader in Mexican food. He felt tbis
operation was a needed one and would be a good additi:>n to the City.
Be indicated his disagree.ent concerning the parking being inadequ~te,
stating that the layout we. a lood one an~further, that bad parking
facilities would keep custaaers away from the establisbaent. In
response to Counc:i1aan Noel's comeent regarding competition from
anotber local Mexican restaurant, Kr. Fauvre responded that the
c:oapany vas confident that this would pose no problems.
1Ir. .Jack Bowers, landlord of another Taco Bell establisbaent operated
by !fr. Fauvre, agreed thõ.t Tac:o Bell is a leader in in field and
felt tbat it vas one of tbe cleanest business oper~tiOLS he had aeen.
Re c:oncluded by saying that the J."ent had always been paid on tilDe and
be felt tbis to be indicative of the way the enUre organization vas
run.
There were several oppcmenu to this application who 1Ddicated c_ntR
as follOllls: Hr.. ~ Anger, Jtonta Vista, felt lot ~plits should be
carefully coaaidered and rav.ced that tbe Bold Knight buy a saall
etrip of tbe propercyfor "cUt1onal parking whic:h is b8ctly needed.
Ik. Jc.b Udgeway, 10234 Portal Avenue, Cupertino, _U_d that there
_ no _y to control the trash affectively and did _t feel then --
DOt a proven need for· tbta .-.
Taco ~ell
8 )pl1 ~ant .!
cOI!C.ents
audienc.
reaarlts
'\ "';
,{, ,~: :à/I!'",
it,:,,· i1,,;-:~;\,,
'/,./:.: ·~f-·:.cf';r
, '>.",;ti ,..¡.,
:," ',_' ':i., _ :~~r<·:i2'1'-
L~ t(¡¡:, f:,
~ "" ..
t '. ;¡~'" T
'f. -<~~t·,
~ , 1-
, ,
Ue:
iq
~d
.~
.
.
tes of ~be City ~, February I, 1971
CC-78
lic RearillJS (COII~ ~
'. ..... Sparb, 10695 ~ Iøed, QIpIIrt1llo. felt a pnlÞlo c:oald
" t becau:. of tile l T J. cODF...tilll at tIa1a 1oca&-'oa 1a tile
. lie f e1t tIIIIC' die ...1tiGo of tlab uca)U' t CIIIIIl4 ed-
11 affect tile J. .... hår- II 111 tile ana ~.
,.... D. !roeII1U_. 1_ Iller .... Dri_. c:apertlao. .... tIIIIC
,Don'a kger .....u . .... 1II'C~W'a uca)lt' - Mn
located v1~ _ ~ of tile ...0,011' taco leU ... lie
of the beUef tIaac dill Taco leU _ DOC ....ed at tllla 1.Gca-
ùGD. Re funher c b4 cue Urich Oil C . ,U4 to aunt -
IAl1It to aUow __ ~1aa .,.e for tile taco leU 11- .. tile
__ ilmllved bed DOC "- _eqaate.
'e rebuttal, Mr. raawre ds.por;ed the r_rlta preYioaa1, .... 1noIic:ating
diet they did DOt .,,1, to tbe Taco JeU reataUrant. lie ~nted that
tile hours were entirel, tUfferent froa the- local Taco La paz in that
Taco JeU would be c1_~ aød 11:00 p... on Kbool nights, tberefore,
t......ger. would DOt he c-crep\;iq at a late bO<lr in the ..,ening.
In baYing a loG-.eat re.~ra:lt without a drive-tbrougb type of opera-
tion, be said, the trash prohlea would 1>e considerably reduce<!. He
conc:ludeJ :'y lndicatiq his willingness to hear any auøesrinn. that
c:ould be offered.
AX- in r..¡'unal, Hr. Lacy qu....tioae.l Ik. Koeniuoer's £%pertb.. iu
in tbe rest3ur3nt fiel~ and commented that tbe .trlp in back of the Kite
va. an e..se,."nt. Spealt1:1&~" a pO.ltive manner, Hr. Lacy indicated
the proposed use to be ~he ~est possible use of the property, the taxes
paid to the Clty would be lh,reased and the resulting eaployoent would
go towards allcvlat1ft8 the ex.stlna ~ploycent sit~tiOD ln this area.
It vas lIowd by C'ou!1CilaaD ~oel, seconded by Councll111aA Green aná
passed unaaimousl1 that tho: public bearlna be closed.
Councilaan Fitzgerald r~rlted ~bat, unless guidance is aiven as to
an alternate use, t~ls use 5hould be allowed.
It was CouncU....n Noel'. feeling that, If ~ mistake had been ....de in
the pas~, it need not be repeated in this lnsta..~e,and also that
the property should be re~ined in its entirety. He then suggested
the posslbility of a new location for tbe service statlon allowing
other use of the exi.t~ property. He said be vould have to vote
a¡ainst the Taco Jell application because of the condition of the
of the existin t service stßion,
Counc:Uman Green v.s c:oacerned about tbe 8llaunt of effort to reduce
the tr.:.ific situatioD 011 B1aDey Avenue. He .aid this area bad been
haaardous for quite _~t.e with a high incidence of accidents and
rec~ended that the -tl 10ehind the st¡¡tion he aligned to he).;>
reduce tbe exbtiDg slcaa~1on in tbe area. He concluded b, -..-
tioning that he felt tile Taco Bell operation was ~ good ODe, hOlN"er,
the tuff lc wbio:h ~d .. a_rated on tbls corner if Lhia use vas
"Jll:Øved could woreen _ already critical traffic ait_tion.
--- -_..~--~.~
· .
IUJoutes "f t~ City Council. Febr1uIry 1, 1971 CC-78
Pa&c 15
.....l1c Hearicgs (continu...r)
c-nc:ilun FTol1cb offered _ -
U at this tlJle on the appl1catio..,.
.. reapoose to :;a inquiry f~ ",... Stokes as to wether or -: tbP.
.. Permit cC'ftred the entke lot, Mr. Sisll replied be did not have
cUt infom.atioa readily _u-1e lout would obtain It for the ,.."or's
Þ!ormation.
Jlayor Stokes c~l1ed a rec:e.. at 10:46 p... to 31lOV Mr. Slak to cbt.ln recess
~ Use Per:i: inforaation ... tàe .eeting vas reconvened .t 10:59 p... called
It was indica:eJ by Plannlae Ð!rector Sisk in response t~ the Kayor's
previous in,~~ry that in 1959 a Use Permit had been granted t~ include
the entire r>:~el.
Y=- clarify r=-"vious cOm:']ent.s r....r-:lng the pr..·;·t.~rty owner's ,::~;'.ts.
!'AYor Stok(>$ :.e:!tioned tha-: ~he &r''Pl1cant ",,·ou~¿ not b.. dE:nie:: t:-.e
~se of his ~==?~rt} in th:s ~5Lac:e in that ~~ h~d heen ,ra~:~~ a
'CSL Pemit :.:: t!1c servic.e st.~t:'=~ uc;e.
~_ lI'otion "'.....,$ f:-:.:ertained ="! :":.iu~1¡1:An S{'t-l. s,,~.:C'ndt"d by C_·.;-.:::,=,-~:,,·
~.,en that Ao<:=;!r ion 2C-~-;C..e den;..d.
AYE:S:
CC'__:"..:~l¡:".n Fltzgera.:::. Fr~lich. r:~,,~t"'r:. ~ot>l anè ,..
~:~,~·.':>s
~'I".:·f:'S: S::-.¿
k: ...,nt : X~C,'
:: ~as ther. :-~:"~d by Cocnc.:;':'=:'3.=. S·:": ð!'d s....·cc:-.:;.·J by CC1U:\."": >¿~. -;t. t.:-;
=~.at Applico::::: 28-U-70 ".. -:~~..¿.
Ayes:
~~s:
~sent:
CC'..:::--:'l::...:>o Fitzgera.¡'=. Frc~ich, r.ret,":':.~ ~\.'cl and ~~::-:' .:::' :.,:c~
XC:-i
NO::è
(,ordinances
31. Firs: reading of Ordi~ce So. 476: "An Ordina",ct? cf :c.e
C.i:~ ~! Cupertino ~=in~ Section 1 01 Ordinanc~ ~~. : by
Re_:3ssifying a Cercain ?ortion of the City of Cu~rt"~c
fro~ Agricultural-~idential Single-tamily ont?-acre ::ts
(A1.~3) Zone to Ag:iculturól (A-215) Zone; Approx"=ate:y
7.33 Acres Locateé Sortberly cf and AJjacent t~ Junipero
Serra Freeway and ~oxt.ately 360 feet Westerly of
Sar~tv$a-Sunr.yv~le KDadw.
32, First reading of Ordlaance 477: "An Ordi.....nce of the City of
Cupertino Amendiae Section 1 of Ordinance No. 2 by Reclassi-
fyias a Cettain Portion of the City of Cupertino ~ro.
Agricultural-Res1d~ia1 Single-faœily one-acre lots
(Al-43) Zone to ~tural (A-21S) Zone; Approximately
~.2 Acres Located JIortherly of and Adjacent to Homestead
load and Approxbaately 600 Feet Westerly of Saratoga-
SUDIIJVale Road".
20-r,'- ï n
dc-nit,,!
28-l'-70
dt"'n.i,,-~
Psg. 16
int re-u..
d. 002<_1>
iles. 3013
3dopted
Ites. 3014
3dopted
.
.
__tea of die City CouDc:ll, FeIÞE'aary 1, 1971
CC-78
onmancea (c:«It1lmed)
.. pull11c: --illS had bMD e-.-..... relative to Mr. Forge'. aPtUca-
tJGo for coaUeratlon coaceraÞia the Villiaason Act, hoveVf!r, OÑ1nanc"
.,ti .... 477 wn ,..ewioas17 _ce4 apOI1 under Iteas 27 and 28 - doe agenda.
33. Firat read1a& of OÑu.a.e. Bo. oo2(e-1): "An OrdiDaDCC!
of the City of QJperdaJ 1tapealing Ordinanc£ 110. 002(~)
and Introduc:iDl ¡~- .... -.gulations for Zoning of /iaDeI"'"
Laod-.
It vas mOVe<! ~:r Councilman !Ioel aDd seconded by Councilman Greeft that
OnIinance OC:{e-l} be read by title only and that tbe Kayor's reading
constitute t~ first reading of the ordinance.
kTea:
So..:
i Altsent:
I
!
i
,
I
I
.
i
I
I
j
I
I
I
Coç~ i:..ea
No::e
Ne:>!!
Fitzgerald, Frol1cb, Green, Soel and Kayor Stokes
ksolutiens
of
the
34.
S.:-. :..>: "A Resolu~iO!1 of the City C.:-u:>cU of the City
C,;",,::ò::: Allowing Certain Claims ar.è ,,~ands Payable in
.~:.:::. a:>d from the Fu~s a~ Hereir.a:ter Described for
Sa:",ò.s and Wages for the Payroll Peri.:-d Ending January
1""
26,
After a rea;:::; ~: Councilcan Fitzgerald, it ~as .oved by Council3an
Soel, seco::;". ~: Councilman Green tl:'it Res.:-lulÒ,:1 ~o. 3013 be adcpted.
Ayes:
Soes:
Absent:
C:.c,::.::en Fitzgeralë, F:-lich, Green. ::,el and ~.a)"or StOKes
!\:::¿
:\:-::~
35.
!(c. ò;:.: "A Resoluti:>a of the Cit~· C.:-u"ell of the City
C~:~::i::, Allowing Certain Claims ani è,~ands Payable 1n
kx~:::s .lad from the f:mds as Hereina::er Described fr.€
c.:e:a: and Mi3cellane:>us Expenditures".
of
~he
Subsequent :: a reading by Counci1~n Fit7.geral¿. it was ~oved by
Couõ1cilman ~'.:e: .lad seconded by CQuncilman Gree:: that Resolution
50. 3014 be a'::.~ed.
.Ayes:
J50es :
.Absent:
C<:<:::cn..en Fitzgerald, Frolich, Greer., ~oel and Mayor Stoke!!
!\~II!
So::e
Councilmar. Fit%gerald indicated that bids had been rp.ceive~ fro. tnree
Local banks :cr a time deposit of $175,000. All three banks, one of
Mh1ch h~d ~!~ Sarclays Bank, quo~ed an interest rate of 4-5/8 per cent
and be rec~e~~ Barclays Ba~ be awarded the tille deposit.
.
.
....t.. of tbe City Council, February 1, 1971
Þeolat1oaa(continued)
Ie.... -1ÍOftcI by Counc:ilun Noel, øecooded by Councilman Frol1ch
Mia ')daa fol1Olt1.oa '<IOte vas taken.
~:
~
'-=
>..~2...U·
.
Frol1ch, Green, Noel and Mayor Stoke.
QlÍlDcilaen Pitagerald,
'.~
ìröaa
36. 110. 3017: "A ResolutiOD of the City Council of the City of
CUpertino Eatabl1sbing an Agricnltural Preserve Ilitbin the
City of Cupertino, Assessor's Parcel NumbE<r 321-41-72".
37. 10. 3GlS: "A Resolution of the City Council of tbe City of
Cupertino Establishing an Agricultural Preserve Witbin the
City of Cupertino, Assessor's PaTcel Nu"¡',n" 326-10-01S".
Ieaolution Nos. 3017 and 3018 were considered continued along with
the publi!" bearing (Item ;;0. 26) for funber research into tbe
1l1l11amaon Act.
38. He. 3019: "A Resolution of the City Council ot the City of
Cupertino Makin~ Its Order Describing the Boundaries Desig-
nated as 'Pasadena 70-2' to ~~ Annexcd to the City and Order-
ing Annexations to the City Without Public Hearing as
Provided by L..w".
It vas ,""ved by Councilman Noel and seconded by Counc il!:l3n Creen that
Resolution ~o. 3019 be adople~.
Ayes:
Noes:
dbseat:
Coun~illDen Fitzgerald, Frolich, Creen, ~oel ßnd Mayor Stokes
None
None
Unfinished Business
35. ¡'port on the status of parking stall widths in commercial
areas of Cupertino.
It vas reported by Mr. Sisk that, in Þeasuring the parkln~ space widths
within the Payless Drug Slore area and vitbin thc Cr~ssroa¿s Shopping
Center, it vas found that the spac2s measured 9.5' by 18 feet. He
~t on to say tbat residential zones incorporated sraces measuring
10' by 20' for covered spaces and all other uses required spaces
to he 9' by IS'. For Seneral information purposes, Mr. Sisk men-
tioned that this researcb bad been done in response to an in1uiry
-.de by Councilman Frolich at a recent City Council m£eting.
40. ....ort on the proposed pol1~y for dedication of nees in the
.Civic Center Plaza.
Mter c:larification had been made by Mr. Ilyder of wording indicated in
tile City Manager's report, Kayor ,~tokes indicated bis concern as to the
cost for tree dedication. 1.8 sald he would like to __~e the ficure of
\
CC-78
Pa.. 17
tw. deposit
bid _y~ed
Rcs. 3019
adopted
parkin .' stOll:
report
.... 11
~'.
...:1 cr' _
... '
......iaD
~~_dnup
~roposa 1
~"ns1d~red
~udget
revisions
<!xplained
.
.
.
.
,
,
~.. of the CitY Counc:il, J'eb~ 1, 1971
., t . ..t....... 1aa1ness (coat1maed)
,f¡~OO' wllich 1Dcllrled thé. p¡.qae ~t. be nduc:eII to . npre tlaat
:. ,.. ~....... c1tbeD c:oalol afforJ. ..sibl1 18 the area of $100.00.
i,~,c': .
:~_.......ted by Counc1J..D J'ro11cIa that a tr.. PlmtiD& IUøcI be
,....11abell illto which dtiaeU _101 COIItrilNte .mes tonrcla tree
......t.. tIIroagbcNt the c .ICy aM aot be1q coafiaecl to the Citi.
.. .. be had already rec:ei.e4 e check towards this end fro. a citben
wIa1cb be, in turn, had given to Mr. .,.sR.
CC-78
..,.. Stoltea agreed that this vas . good su¡gestiOD and requested
.w1tioaal thoughts In this regard {roa the staff or Parks and
-.a-eatioll eo-1ssioo.
CDancilaan Frolicb relayed the citizens' feeling tbat tbey would prefer
this fwul be kept separate froa the Library Progr..., after which Mayor
Stolte~ referred the matter to the staff for handling.
S_ Busin. 55
41. Pr~.~.al fOl a Spring Cleanup period with ftee refuse
c~:le~t1on service.
It was lIe~ti~"",~ ~y Councilllan Noel, and the other Councilmen
I agreed, tha~ l::'~".. the program wa~ to be handled dHt"rently
I year's pr~grx:. it should not be undertaken. He stressed the
o! Info~i~~ :~e ,1tizens enough in advance to enable them to
I for the c'e~""~. .~rvice.
,
,
generally
(r"", la!it
nece3s1ty
prepare
It was su~se.:e': :,y ~\ayor Stokes that ~:atut:!:::, April 3rd. be designated
for this .r~~rx: 3~d requested the staff work on this .roject.
It waS mo~e': "y C~uncilman ~oel, seconded by Cou~cilman Fitzgerald and
passed un3ni=_~s:y that this proposal be turned over to the staff for
handling.
It was recoc=e~':ed by Councilllan Noel that the Chamber of Comme~ce be
nutlfied and re~~ested to publicize this event.
Mayor Stokes i""~uired, at thlb tilDe, as to the status of the Cupertino
Sc:ene IIILg~zine aad requested Mr. Ryder i~vestigate this item.
42. Propvsed appropriation revisions to the .970-71 General
Fund Bud ge t .
It vas reported by City Clerk-Finance Director Ryder that the proposed
revisions had resulted frOlD a bookkeeping situation. He said subsequent
to preparation of tbe budget, several programs had been adopted and
ochers expanded, all of which required additional appropriations. He
further explaine¿ that funds vere needed, ùt this tilDe, to bala~ce the
budget, bowever, nothing neW would be provided and, insteaa, the ex!st-
taa prograas would continue tbrough until the end of the year.
.
.
- l- of the ':it,. Council, February 1, 1970
... -.ainess (=tinœrl)
It _ _eel II! Couoc:iblan Hoel, MCODCIed by Counciman Frol1cb that
tJIa'JIÞPOIed qopropruUon revia1_ be approved.
..,..: Couøciboec Fitz~erald, FroHch, Green, 1Ieel and Mayor Stokes
....: Hone
.. t: Hone
C t Calendar
43. Resoh~i~" Xc. 3015: "A JIeaolution of tbe City Council of
the Ci:v :: Cupertino Accepting Quit~laim DeeJ and Authoriza-
tion :r~~ ~.C.J.R., Inc."
44. Res~:c::," '.'. 3016: "A Resolution of tho City Council of
the c::. :: :~pertina Accepting a Grant 0: ~3,enent fr~
F. C,~::< ~:"';;"n and Elizabeth R. GIns",,:>; :::ated Alanf, the
-~ut~ "C, :: ~cClellan Road AdjacL~t to ~cc~ Cliffe Golf
COUT$~ -.
'-5. AC"Ct;;'-:j-.'¿·- !'mnicipal icprov£:MenL. ""it"'; ":'.,~ fl,llowin~
proj e:: ~.
.!. :-'_::..'t' Hill De'¡elcpmE"at COr.1I'a!~y
~.:,~tlH."ast corner of Homeslc3J. R.:-.~': J:1d Stell inll
~.: .i.":.
.
:-_:--=~tino Union School District - :·..--.::lÏstratior.
:_:lding
:~rest Avenue and Vista Driv~.
c,
''':-.~ \..1aks" Apat't~~nt Dt:·.'clorm~!':.. :'; .î.';;~ II
v...:y Ave-nue just north of St<'\'~:>" ::eek B.)u'p....rd.
A action was c":,::":,,ed by Council1oan ~eel and s<,c,,'d by Coundl"an
Cr~ tha' the :,:",,,t Calenddr be adopted.
AYd:
H_:
ANent:
Coun,:."c: ;itzg~rald, Frolich, Green, S:~! ~:>d ~ayor Stokes
None
NlJt\e
~t of Offi:.:"
46. City S:..!:
CI&y Nanager ~u:.l~!' offered no report at tbis tL,...
C1Cy Clerk-Fi".."". Director Ryder reported that the- Council Cbaaber
r-.leUng costs Ba.: totaled $2,780 which had C<oDsiderably less than
t.'_ $3,~1IO orili::.>lly autborized by the Cuuncil.
,
CC-78
Pa~e 19
revisions
approved
con~,,·nt
cah·r.dar
a~(\pr('d
staff
reports
lanDers
f cren"e
equest
prcv.."
p"'pulatio>::.
cliscussic.,-:
:dJour_
.
.
}^
00-78
.
h ¡}s a CtiU... beM .. 1t1oVf. tbe li&bt frOlll Cit¡ I''''~
's desk au fa t" ee-n as-ber, it was requested by tile
that tbe BUff p\"CIU . t1td. laaving an additional cell1Da lJpt
e iDStalled in that _.
..
of tbe City Counc11. .~ 1, 1971
of MUcus (cont1~)
'~
~>:
ing tw Villiø_ .ktf 1£ ,... indicated at this ttlle by City
ey Mas that tbe CØlCe11at1oa fee is equal to 1/8 of the full
value of doe land. ,Ha)'1n' ¡tokes sUSlesteo<:. that further investiaa-
d.- be I13dc iato the pro'f1s~ of this Act, ~,.d Kr. Adams agreed to
.. eo.
request ~'U "'~" by ria_iDe Director Sisk on behalf of the l'la_ing
eø..isslon :~: :~ ComIDtssiøøers he allOWC!d tc attend the American
I..titute 0: ::~~~ers conferenc:~ to be held Th~rsd~y ~nd Friday,
~ch 11th ¿"-' :;:à. Ho: said that one of th.. C.'<"~iss!or:ers :,ad
.oI:t""ded t:, ':, :;~u" year ancf had rec""."andcó i: ~"ry highly as
la very ir.:::-,::', course fer i",i>l1c oiflclal~.
.It ~s r."'.t. >":¡1cill'!ian Fro11ch, s~cond('~ ~y ,'~"ur:cl1rl;\n Cr£:~n that
~t~~e Pl.lIH":': -->.~,donat's be au:hClri7.cd to :::::--:.! the confc:<r.c! as
! r~'~est~d ~
!...yes: ,'-'., ,','
;S~_: ~>-;:
,A1;-§ent: ~:-.:
:i~~&erald, Frolic"h, Grc(~. ~:~I~l and ~3yor Stokes
¡
,
i,.. h
.~.. 5is~ h :" thC' COIJn::11, for tnflJY-;.::~~:""l~ pUrpO!'ié<;. that t <'
'.'
¡..an Hca~. "..:.. .~'n wa::i. not apprc?riate ic:" .: ~:~.Jy sessi.on..
I
j '.7. Co: _:,,-,~illlen
!er...ncil::>;¡:, ::,^:' ',""mented that it '¡ad rù!:!" :,' ,",," att('ntlon the po;".la-
¡ cion nm:!~,,-:-.$ .n :~~ $l.:1te sigr"a-S hac not h("~n ...:-,.:.:.\ded in Sot!1C areas and
! =ggestd : -:; :_ icllowèd up.
I
'£espol1dir,; :: 'c:. Sisk's inquiry as to the 3"==:;,riate figures,
!'tt. Ryder 1:. :::..::..:J that the r......,.. CC::!;UG f~:~l!:-~';:'= ·...culJ b...· ,a·/a.llable
around Ar='~ ~: :9il. It waS r'i'COClMend<-J ~y :'" ~!ayor that this
it"'" be he:~ :~ ..t-e}'ance until such time as t:-,,, ,,~w figures are
ay.ilable.
48. R~s~ition ~y Kayor of non-agenda items.
T1Iere were"" :>cn-.tgenda iuns iØ<!icated at th!,s tilDe.
MjournmeDt
U vas move-.! by CouncÚ_n Koel, seconded by C>t'^"cillDSn FroUc:h and
....ed una"~,-",,,IJ' that the _ting be adjourrvd. The !Aeetina vas
4IIec:lnred a~j~uraed at 11:26 p... by Ibyor St01.cs.
.
T:
APPROVED :
~. It9df~
,-
(s( Garv C. Stokes ,
Mayor. City of Cupertlllo
... ..
.<. .--.~ -- -.