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CC 03-15-71 , . 'III&" . C1Tr 01' CUPuulllO, State of Ca11fornia 10300 Torre Avenue. o..,-.Ls.o, California Te1epboae: 252-4505 .-vId 01' TIll ....... lK&o&uG 01' TIlE CITY COURCIL BI1D laD 15, 1971 ø 111& œmrc:IL ClAMBER, CITY HALL --....., ClLIJIORIUA .. ~i.. _ c:a1led to ftda' at 7:32 p... by llayor S:oi<es, who . ..,_tly led tile ... 'J...- in the flal salute. ...11 Call CC-81 ~tendiaa CoundbMn: Fitzgerald, l'rolich, Green, Noel sad ~yor Stoltea. Also attendiaa: City ¡.....ager Quinlan, City CluL-Fi:o.ance Director Ryder, City Attorney Adams. Public Works Direc~c~ Yar~orou~h, roll call I'lanninl Dir~tor Sisk, Pla~l~ Ccmmission Chairman Pu~~z sad Record- iD& Secretary Dolores .1>lte. M!Dutrs ~f the Previous ~Ae~~~. 1. Arrr(Oval of CHy c.:-~"cil ~inllt.." (Of regular aeetinl beld March :, 1971. ~..uch a. there vere ~o cc~ections or deletions indi~.~~¿. ~t .as aoved by C~ncilaan Gree~, se~:~ed by Councilman Soel a~~ ~asse¿ ananlaously t~t the ~in~tes o! the meeting held March :, 1971 be ap- proved as submitted. Written Communications At tbh tillie, ltayor StoUS recolnhed a non-?genda it..... :>a::ely, Application fo-U-71 of Vallco Park and suggested this ai'~::::cat:on be beard between Iteaa 17 aDd 18 OD the agenda. It "as so IIOved by CounciIaac Soel, seconded by Counc1ùoa:l Fitzgerald ...s paned unaniaoualy. 2. l'r_ Peggy Bynd and Wayce Harris, 10690 Hale Place, Cupertino, cequestlcg a permit to solicit sale5 for IDscot Kosaetics, Subsequent to introductiøn of this cOlDlDunicatlon by Mr. tyder, Kayor Stoltes req..ested a cbeck be ...se through tbe Sberiff's Deparœent on this inquiry. CoDcern was Indicated by Councilaan Green, and it was mutually 3~reed, that requests sucb as the ODe in question bad been nUllerous and it was felt these sbould be thorODablY examined prior to accepLaDc:e. I~anutes a¡opro'led Item 17(3) dded to genc!a Page 2 I solicita:::.oø :ceport : reques te¿ ., - J!1nutes of tbe City Council., Jlarch IS, 1971 cC-êl Written C· '''icaUons (c_UDaed) City Attoney Ad.. ment1øaed c:r_ 1l1v..r Ordlnanc~s wbicb _re 1ø eKlstence in SORe cities hac hastened to aàà that this possibility SIbould be carefully inveaUpted as it was very lavolved. He _uested tile subject be further '""(- . by the City Staff, before prOC:eediDa. lor tbe estabUslaent of s, UIe guidelines. Coacern vas indicated by CØaacit.aD Frolicb at the possibility of denial of tbb request as other ~_ requests bad been approved in the past and he agreed that tbe ..tter aboald be turned over to the staff for review. 1 It was reca:aeaàed by the !tayor that provisions in tbb regard be 1 revised to include that such requests be screened by tbe Sheriff's ~ Department prior to sublaisaion to the Clty for approval. .. , : Councilman Green lllade a IIIOtion wlch was seconded by CouncilJaan : Fitzgerald that a report toe presented by the staff relative to specifications for permit re~ests and, further, that said specifi- ~ cations i~c:u¿e screening ~~r~ugb ~he Sheriff's Department as a . provision. The tlotion car:cleè u=animously. 3. Fro= ~rgaret Tay:or 0: ~11]1~Y Enterpriser, San Jose, reqcesting a per:lt t= sol~cit business for a curb n~ber- iag service. curb n~~ After a brief discussion, it .as moved by Council~n Fitzgerald, ?ermit seconded by C~uncilman Gree= atlë passed unari=~usly that the request approv~ for a per:it :~ solicit b~laess for a curb nur-~ering service he approved, subject to staff sc:ce~iDg. i . 1 finance tIr1_; request j approvM j I J . ! 4. Ratification by City Coun~il of April 5, 1971, as the date for a public heari:1& = the Appeal b~· ~r. R. D. Itoenitzer, Jr., on ~be Flac:inl C3=IIIission a?proval of Application 6-li-71. The Council VaS advised by City Clerk Ryder that, on advice of Counsel, this Item had been remove.: :r_ the agenda. S. Froa League of ~ Voters of Central Santa Clara Valley requesting a per.a1t to ~onduct a financing drive in Cupertino. It vas moved by Councilman Fitzgerald, seconded by CouDcilJun Green and passed unani=ously that appraral he granted for a permit as requested. 6. FrOlll Mrs. .June Hi.ldreth, representing the Citizens' ec-1ttee for a County Huaaa I!ghts COIIIIIIission. Ika. Hildreth advanced to the podium explaining tbat tbere bad ~ petitions drawn up as vall as aD ordinance relative to tbe creation of a Human Rights COIIIIII1ss~. . ... - - of tbe C~::r Council, Kardo 1.5. 1971 'AI4-- ec...unkA~:=as (continued) ... BLlretb, i:: ~nse to an Úlpiry by Kayor Stokes, explained that tiTle . IlllsatiO:: ~:1iicated in the OInI~e vas to cover expense.. -Xy - a&c by atu:::oii:2g meeU.... .... - Þ Karpe:. :0463 Cbisbot. ... , Cupertino, came forward _ Ung the :..ugue of ""-a ~ of Central Santa Clara Valley, ... - J. . CouDci:"! endorsl!llent ... .......n of the HUllan Rigbts - ---f.aD. ., - . brief d~"=sion, it vas __...¿ by Councilman Fitzgerald, '-~ by Cou::::::&n Frolic:h aDd ~~ unanimously that this ~ lie placed 0': :;,e agenda for 4i.sa:sSHD at the meeting to be åe:i.1i April 5th := ":':'ow further rrr'...e-.. ~ the Councilmen of the r _ fed Ordi11a:)':l cd Petit1oo.. CC-81 Page 3 IIu1IIan 1l1gh t s COIIIIIIission discussion continued I: ~ then mO~r: :. Councilman ~:. 5ec~nded by Councilman Fitzgerald communications æ:¡zf passed by a =~~ous vote t~: :=.. 1o...itten co=unications be accepted re=.rl...ed and fi:~:, C!:'L Com:unico:::c: 7. Reque.: ,. C~uncilmen Calen:¡,: ' . -- ~~~.al of ite=5 from Consen~ ~e ~re no r;:_=$:5 made at ~~~~ ---~ ~ of Comr.:.::-s:.::,,;; and Comml~:.~.: Council Rf::'ò¿~tatives 8. Trans,,:::~: ion Policy c..::.:..t::'::££ - Mayor Stckes I: vas reporte: :"," a meetil':; W':Ç~ =O!; ~,,,ld in Sa<:ramènto on ~:ar:;¡ 22,! U.._. çonsore¿ =: :::¿ Dt';'drtc.ec.:. :.: :=~sporation 3:1d a ~ational : Y~,...ortation ::~::~:.g Study, cX~~ ~ =oordinaticn of the Secre:'ë~)· ! ~ :J>_iness an: :"¡':õportation vas :: ".;; :onsidcred. It was the ¡ .---al fee'.::'ng ¿: :~::¿ Transporta::.:-:::. :::icy Com.'ttit:ee meeting, !iayor's .............,.~:f~ to }tô:"::- ::.Jkcs, that s.&==é ::ë.ra would hJ.\·(, to be well Cotmlitlee r--=..-nted at :-,:ò :neeting and ::.. :-e:;-,C""sted Mr. Yarborough, also report . '..r of the ~~. :õory committee :'" :=.., Transrortation Policy ,. T~tee, atte:o: :~'~5 meeting re;:-:eo5=:~ag Santa Clara County. n.e !Iayor expla::~': 0" would be = c: ::-.'n on March 22nd and "'as ~~!ore reque~~~~ ~. Yarbor~'s r=~sencc in his place. - _... Stokes co"::~od by info~ :Joe C:>uncil that the Councy had _ endorsed thf F~"t for the bus .:x::r on a County-wide basis but ~ the study ~''''_~; proceed under ~~.e s¡>onsorship of the Cities of s...Jose and Pa:, ,"'~:J. "age 4 lc-litional :c=ittee ~. .,ort ~ .. ., of the City Council, March 15, 1971 CC-1Il of Commissions and eo.s1ttees (continued) 9. Plan~ing Policy eø..ittee - Councilman Fitzgerald ~t vas presented. 10. Inter-City COUøC:U - Mayor Stokes vas no _ting held of tbis Couøc:ll, but CouncUlDan Green took e of tbis opportunity to report tbat the meeting with Senators t and Bradley, and Aa..-bl,.en KcAllister and Hayden relative to ëae &evenue Sbaring Progr_ __ very interesting. He said there vas ã debate on this prograa and stressed that concerned cities must tileir opinions known in this regard. ISo . . I i 11. League of California Cities - Mayor Stokes ~ting was held :r' _".=::.:.::oi..~vu u~ ::~:; ___...:a Co·.-erncents - Councilman Fro11ch I:~ ~s reporte.! :hat no meetln¡ vas ~eld of A.B.A.=~ 13. Flo~ Control Advis~ry C~ission - Councilman Noel 14. SantQ Clara Cour.ty .a~~~ C~~i5sion - Ccuncil~n Noel I :C-~ilcan Noel r~ported that there ~as no meeting held of the .F:~~: Contra] ~~visory COQmiss:jn, ~=.ever, the Sant3 Clara County .~a:£: C~issi~~ cet twice to re~ie~ ~~e County Flo~~ Cortrol price :~ ?~licy stru~t~re. He said ~e ~a: ~ot been in attendance at these '::.ee~~ags and requeste'~ that M:-. Yar:::rcugh, who had gone in his place, :r~t on tbis item. , , :~. Tarborough reported that the rates were changing for the oac~ing ::iT.-year peri~d and several alternatives are being reviewed by the Ca:aission, in detail; however, no ¿ecision had bcen ~de concer~ing '~~ :-eport. H~ said there is a g~~e:-a' agreem~nt that the concep~ of ~:ing tbe water for ecological reas~~s dnd to provide for unl!orm :r:-i~ing would b~ approved but DO de!ir.lte action was taken. I 15. Solid ~aste Committee of Planning Poli~y Committee - Councl1aan Green I TI» Council was infor.ned that Mr. Puetz attended this lIeeting and he I vas :-equested to present a report relative to s_e. !!r _ !'uetz reported that, bec:au_ there was no quorum at the meeting, _ action was taken. He said there vas sOllIe discussion concerning I daDp sites within the County and It vas requested that immediate ac~tDn be taken bv the subcOŒaittee. Since there was no qUOlua, ' ~ topic was co~tinucd for disc:ussion at the next lIeeting to allow for better representatioo. - . Ø1nutes of the City Council, Harcb 15, 19ï1 CC-81 Page 5 &eport of Comaissions aod Coaaittees (continued) Be c:oac:luded bis report by mentioning that two bil19 had heen Intro- duced ~to tbe State legislature, naaely, Assembly Bills 13J and 216 wbiQ related to returnable sod non~etumable containers. He said it h.s heen proposed to have a prea1U111 set upon non-returilSble con- biDers. Plann1nac COIIIIIIissiO!l 16. Submission of ML~nutes of Harcb 8, 1971. 17. Application S-U-71 of Vallco Park, Ltd., for Use Permit to allow tbe construction of a 3-story office building of appro~ilDately 54,600 square feet and a 2-story multi-use industrial building of approximat~ly 62,800 square feet, to be located in Vallco P~rk on the south side of Prune- ridge Avenue between ~olfe Road and Tantau Avenue, in a P (Planned Development) Zone. Approval recommended by Planning Commis£io~. Plann~ng Direct~r Sisk indicated he had nothing to add to his previous report with the exception of i~formin~ the Council that the Planning Commission had recommended approval of this application. He turned the presentaticn over to Mr. ~ard at this time. Hr. ~alter WarJ. General Manager of Vallco Park. mentioned that the first ¡>ermit ~·a. issued on Octc!>er 14, 1963. He said the propc's",d devel~pment ~as to encompass the area located bct~e~n Stevens Creek Boule~ard and Hc~estead Road and the application apprc~al had "",en contingent .uper. several conditions. namely, street locaticns being shown. includir.g proposed street ..idenin~; undcr~rounding of utilities; ~~e preparatio~ of a traffic study in~icating potential impact upon the rity of Cur"nino; that there be no;, ~:...ough traffic into the re5iden~ial area ~ith one exit being provided at Pruncridge Avenue and that ti.::, set!>acks and building heights ,.eet City sta~darós. He continued by saying that the \'aUco orRanizatic'O had prov~ded ~re tban actually =~quired under the requirements of the City. S-U-71 description Responding to a concerned cit~~.n's coonents at the Plannin~ Co~issio mep~lng, Mr. \\ard cODlD(:nted that a stooy :.a": ~~cn subsequently ~dc which indicated a reduction in the hotel building height would result in aucb additional land coverage. He then presented several slides showing the artist's concept of the development, aerial views, and depicting the ...>del for the Council's review. It was indicated by Hr. Ward that the development vas in conformance with the General Plan of the Ci.y of Cupertino and he concluded by pointing cut the financial center of tbe conplex explaining that the íour ori~inally proposed 13-story buildings had becn reduced in hei~ht to 13 stories witb adequate parking being provided by a central garage structure. Page 6 , 5-0-71 lippr""ed 6-U-71 des"r J pt:'::; opposing cOllllllents !anutes of ~he Ci~y Council, Karch 15, 1971 cc-å: Planning Cowaission (~OI1t1øued) It vas IIIOVed by Ctmociblan Koel and seconded by Councilman Fitzgerald that Application 5-U-71 of Val1co Park be aP?Loved. ayes: JIoea : Absent: Couacilmen Fitzgerald, Frolich, Green, Noel and Mayor Stokes None None 17(8). Application 6-C-71 of Vallco Park, Ltd., for a Use Permit to allow the construction of a 240-room (l2-story) hotel with restaurant and banquet facilities in Vallco Park at the southeast corner of ~olfe Road and pruneridge Avenue, in a P (Planned Development) Zone. ,irrÞ Hearing. ~~ile referri~~ to the Planning Cocoisslon's comments relative to this :ap~licatic:; ~s .~ll as the audlen~e co~ents, Mr. Ward described the ?~oposed F.:'::~~ ~otel in ~ue$tioa as being the first phase ~ith the 'c.::ti.."dte p:~:; :'~':crporati~g two additional wings of the sane type. ;::e corttir."J.C:-": =-:; saying t:-Iat par~ing \lélS to be supplied within the . str\lct\lr':: a" ?=""io\lsly ¿escri::ed under Application 5-U-7l ·..ith 'sa=~ addit:':=¿; peripheral par~ing as well as valet parking to be ,pro-:ided. ::: ="sponse to se':e~al iteMs that ",ere previously questioned, :~c ~aid: :' =;:Jt!ng t~ e=~l=;y, :he hct~l ~cu!d ?rovid~ housing for ~ =€:Qpte i('l:::~ :--....:~iness ir:. ::-.c i:=.ëdiate area thereby elir.Ünating some : ';çl1icular ::- ~:: i...·, 2) ttt: C-ca:s Cc~r:i ttee had rccoornended that a hotel ;:e built .i::-,:':; tllc City, 3) i:: refer~nce to the r,.port on feasibility : -:: this h.:-:"~. t~h:- orig:~a':Gcs :-~ad puhlished 33 previous editions of : ~~is repert .1:".'; ~~'~re there:ore ~úalified in their field, 4) concerning : ~',¡;'lding h~:f::lt, the se;,;,:-aci:s :ar exce~d the City Ordinance requirements ¡a~d 5) i~5~:a~ as taxes .ere cc~cerned, this development ~ould provide ;:uch more r..í:;U< to the City as ccmpared to a residential development to! comp3r~~1~ size. !The Archite,t. Yx. Swank, Ora~ge, California, was introduced by Mr. ;äard at th~s ti~e. Mr. Swa~K àescribed the design features of the : structure as f.:>110ws: the building was to be of 12 stori~s ar.d '1~~uSing 240 ~~tel rooms, .auld incorporate a single-story restaurant, ¡lobby and ban~u<t facilities, there would be private balconies cas- cading do~~ toC structure, the buildin~ would be a Class A, Type 1 I' structure with an exterior of sandblasted concrete to cover approxi- aately 6.3 acrèS with 35 per cent landscaping to be provided. Mr. R. D. K.:>enitzer, 10060 Phar Lap Drive, Cupertino, came forward ! indicating his opposition to the proposed hotel. He said he objected I to the fact that all the views were of th~ aerial type and did not truly depict the magnitude of ~he bullding. lie felt there should he views showing the hotel as it would appear from the foothill area. H~ continued by saying that the building would stick out like a .sore thumb" sÚDilar to the pruneyard structure. He then requested that a limitation be plac:ed OJ high-rlse buildings at 60 feet and asked that th" Council deny this application based on the building beigbt. · - BiIIIa~es of t~ _::y Coun~il. March IS, 1971 ~ing c~;,::c (continued) 111 rebuttal. !'= _ .ard COØDDented that the Vallc" ?ark development _ vitbin t~ ::::ines of the Use Pendt zoning as well as the Uty OrdinancES, :" lower th:e he1&ht of tbe hete 1, he said, vould r-Xt in a ~,:r,;~ .-¡dch vould reduce open space considerably. In -~.ltl00, be s¡:: the 12-story !eYel vas tbe Illini2um beight for a ~ of tbis ~€. (' -illllan S:>,,: ::¿icated his -.kr at tbe izct that people ....re _king thei: ;:::ern relative to this hotel at :his tilDe when it loaf been kn"",-=: :;: quite sOlllet~ that there ~.",,: 1 be a hil!h-ri se hotel built :: : ,co , development. Be said he felt this was an ex- cellent proje-;:, ¡,;;';.: ...ith Counc:ilDan !\oel's CO=i':::S. saying that there ¡_; ;-¿-half years cf ?ublic he~'::::' O~ this project _-: ~¿-.....eral ordica.::=es had been ¿~-:;."!0~~ed concer:lin~ ., ~ :~\? Hayor 's fee:i~2 that t~:3- ~;,;,;uld ha'Je :ee:1 - -jich to d:'St::US5 tne inter.':¿': ;-:~n. !layer Stokes ~ ~en twe duri::>g whic;- è;.:' 5 plan. .. ~:::';:ient ::::-: A!:.~ a brit::" _:.::~ion, it .~s ~-..'=:: hy C.:-:;::::':-.!"-: :\ocl an¿ se:on:!e.d ~ ::-'::1c11::.:.- - _ ::.:-rJ.ld that 1.;;:::':at.iL':1 6-:'--~ _~: '~'allcc Par~: :Je a;:;:=:'..ed. 1:::" õ: !\: "õ : }..:~--: : C,,::-: _ Xc':".t: Xc:;..: ?:'tzgcral¿, - _.' :=:'_:"C.:1, Gre€:1. ,- ~ and '~yor Sro~cs ..'-. 18. .':..ition 7-C-7: :: \-~llc('l r<,::-~.;." ~_::~. for Csc ?ê~:: :: .:.~~~...: the c::::s:~_::::;'i. of ~..,':" :-~:lH·Y and t1-.!'(~, , ff i ,'. .. L - ._~:_':y ('I ce :-\;:;._:.~::;:;. at tl,( -:.:':-:.:I..'ast ccr.)t-r -=: .:_..: Road an¿ S:.ë·:é::..5 Creek R.....:.:~:·:.:.:·~:, in a P (?:a.:::"'¿€:¿ :-: ::~";'':'1ent) Zc::.e: :.:.:.a.:i:.~ ap?r:x~-:':1.."'I1y 74,750 sl":uare ::::. Approval rê=~__è~¿ed by ?:~~~.~~ Con~issio~. !':. ,,-a:-ó CC:":. :=-.~t the cr:';~::a.: ;1an cal:t?': :","':- four buil¿i~~~ a: a heigh: ;: -:~ri<"s. Ee s..~:: a b.1nk ""~ " ;,!\"in¡:s anò ècan v:::;:=' be u:,:,..__·,,: ::,_'rtions -::::f t:--.re =::1r,,-' Sp..-:'':i.. ::-h.>ri" would rc a pe-~~':.ria:"! '::.' ·':..it \·~.;)l:e !L=,¡,..:' ~'t·.:~cr tt.:· ;-:-:~_"sed buildi::~~ a::..:. :éö:l:"S .l~. ,¡.; a 4-£00:' ·...:.,:--·a:: surr. u':'.,:.:':-:'': :~..:' buildi:1";:s. pa:..~,,:¡; pre.., ';:', abovt' ;¡r",,-,"'¿ a;>" ",ndel~~e,<.,..ith the larger bv~::ings ~i'-_ ,_:~ated at t~ c~raer and tn. ,::aller buildings be~nl! l=a:ed at :.; 1: ~:.at thí~'; Þy '=-~nc i l~...::.- t.i:JO 7-U-71 :: :":...... qucstio:1S :.~:'catcd at ~....~ ::;¡e. it wac:; cov~d ~~J seconded ~y C~cncil~a~ ;::=;~rald that AP?lica- _ ~ ~ ~J Park be ai'1'rov~d. Ayes: Jroe-s : ......T-t: (0'.::,.,:- Fitzgerald, Frolich, Green. ~è~l and Mayc~ Stokes Noni Non,- CC-Sl Page 7 rebuttal 6-U- 71 a?pr0\'c-d ]-C-·71 d....sC'r : f't i ~'1~ ì -r - 71 aJ'pr\~\""'d Pap II HC-Sl,206.1 aøproored HC-51,,)75.7 apprc-.-e::: HC <. ". ' -)1._':';._ ?r~.3~- :~::.::: HC-51,¡~.: approv¿ Minutes ~: the City Covacil, March 15, 1971 CC':8 ) Archi:~:,"r;:: and Site Approval COI'Ølttee 19. Submis.to. of Kinutes of March 3, 1971. :e.. Applic:at1øn øc-Sl,206.1 froo ?assco Si~as, requesting approval of a sign for The rustomhouse, 20060 Stevens Creek ø-l_ard. RecDCmlO!nded for approval. Public ;¡",ri.s Director YarWlougb CQIII!Ie:!ted that the proposed sign was itA c~:~.t:.:e with the Ci~y Sign Ordinance, after which it vas moved by coc=::~a Fit~geralð, seconded by Councilman Noel and passed unan~~5:Y that Application HC-51,206.1 b~ approved. Application Hr-5J ,075.7 fr~ Information Storage Systems, 10435 Nor~b Tantau Avenue, Parcel 19, Vallco [ndu~trial Park, requesting approval of a security fence. RecolIIDended for approval. It was _.,~~ ~y Counci~ Soe1, secc~¿~¿ ~y Council~~ Fitzger31d and pass€': _::'::::.'"sly that .r,;>;:Jicati.oa 1iC-5:.0ï5.7 be appro~ed. Applicat~~~ =C-51,236.1 :~:- Enc~ Scr~ice £tation at ~~xine a~ E~e!:tead Rea':. n~\t~~stint; a;:?r:-:al of site-, .lrchitect".::-e, landsc:1't"::.f.. :if..htinS. si;;::;s i1.:'11 und~r- ground uti.:'iti.e:s. R(,C~:-'::-~:"h;t"d for ap1=-ro·:al. \'~'1ile ~':.. _-.: slides of :'3e ?rOpodcJ ::l::'~ity. ~1r. Ya:-"-:::r::-'Jgh des('rihcd th~ s::_::_:-.,:: .IS incur?t;:-a;.ing ~lur.ps::~"':":.t.~ ·..:.""lls, a tl~(:: ~cr;: ,snJ to jnchl:': :_":"::..: bea::1s. ~=: said th~~ trt"::~ ':':1 t..'Xistè:1..:e :);1 ~~1~ prc·p__-.rty ~"'t~lJl¿ :;. : _: _: :':h.~d '.aIith : ~.¿ excf"yt io;~ ,....:- :..~'.) t~ut \o."Crc ::..: -Hcd in thE" traff:: :¡::~:n. lIe t~e~ pre5~nteJ a :3~~~~3pe pla~ ~C~ t'~~ Coun~il's infor::-.;.: __ -. .~~j co'):l.cl~é'-::' ~y pointir~g .:-:...:: ::h~ signs to :t.:' p!3("ed 0:1 the s:'::." .=.":.::'ng, that it :w.:: bcen r~c0:-_:-.¿,:...J\."'d the car.opy c;)lur.ns :foS well d; ::,i ~~co sign s'";:pcrt be cover"~ ',:ith the slu:opstcae material to en~~~:~ :~~ overall look of the 5t~ti0n. In re$::~;i :~ Mayor StoLes' inquiry as t~ "hether or not the station excha~.= 1; ~:oposed in this applicati~~ was in orrlcr, City Åttorn~y Adams :,:':':':1:\.'<1 in the a:!ir::.attvc and .~i~çu..;.sion con:in'J,cd hrit!fly. It w~s ~c.:: ~y Counci~ Fitzgerald a~¿ seconded by Council:an Green that A;~~::..::on HC-51,236.1 b~ approved. Ayes: Noes: Absent: ::~~:ilmcn Fit~gerald, Frolich, ~~el and Mayor Stokes =:~~:i~man Gre~ ~..:::.~ :j. Applicatioc HC-51-231.1 fr~o Sterling Heme Developers requestiac approval of oo~:fic3tion of a?p~oved plans at Foothill Boulevard and Ste~ens Cre~k Boulevard, Westrldge Tract 4824, for site and architecture. Recommended for approval. I . . Minutes of tbe City CoaDcil, "-=ch 15, 1971 kc:bitec:tural and Site ApprvYaI c.....itt.. (continued) t ¡ 1Cr. TarborCJIIII: report ad that the 1IC'dif1cation vas in confcmunc:e vitb the City Ordinance and that the suggestior bad hen aade to re-orient tile garlCe openings towards the 4Irivevays rather than the st. eet. Be ..1d, according to tbe '~iD& DeparUleDt. the change _ld he feasible as propoaed by tile B-cœtroI C.-1tt~ ,...."iolls1y. PlaDDing Director Sis1t", 1a response to Mr. Yarl»oro"!h's c~u. _Uoned that the laadac:.~p1na pIa" was to he suJ.1tted at a later tb.e me! suuested that .be re~rientation be conaiderel! ..t that tiee. It vas moved by Counc:ilman Green, secondCC: by Counc:ilmaß Fitzgerald an;! passed ~naniacusly that Application HC-51,231.1 he approv~. 24. Application HC-51,172.1 fr~ Perrotti Construction COIIIpany requP-3ting appr~~al of site, architecture and landscaping for duplex l~èated at 22550 Alcalde Road. &ccommended for arproval. It was m.:"v~¿ ~y Councilc:.an Soel, sec~nd.:J by Council::t.an Fitzgerald and passed toy a ""animcus ~cte that Applic.a;.'" IIC-, 51,172.1 he appro,·eJ. 25. Applicati_n HC-51,OI5.S ir.'c F.Jwin J. ~:yers, Arc..!tecl, requcsting 3ppr0v~1 cf 3~:~~~~:lure of ::.~, $tore frc~t modules in Cro!.sroads S~l.:"?r::1.~ C~nter. Reco:-...rnendcd for approval. CC-8\ Pase 9 BC-51 ,231.1 presentation HC-51,231.1 approved It ..as ::~\,..¿ hy Counci1::an Fitzgerald. s,'.:-onded by Co"ncU"an Green and passed una'Ü,-:~usly that Application IIC-~: ,015.8 be approved. HC-51.0:S.8 appro~e¿ 26. Application HC-5I,038.7 !rc-. Bernard W. Stewart, requesting approva~ ('f ardlitecture of screen around nitrogen tan~, Varadyne Bu!lding, 10060 Bubb Road. lecDmQended for approval. Conditions i~pcscd are appealed by the applicant. It vas rep0tted that it bad been proposed to place a small scre~ned tank at the rear of the building and, inasnuch as the rear of the structure ..ould face the freeway, it was felt that, if possible. a horizontal tank should be used with a 6-foot fen~e as a screen. He continued by saying that the applicant ..as appeal1n~ the condi- tion and requesting approval of the 14-ioot screen vith a vertical tank because it would be difficult to redesign the tank and impossible to obtain a horizontal tank at this time. The applicant, Bernard W. Stewart, General Contractor, 10~38 San Leandro A~en"e, Cupertino, Callie forw.ud and informed the Co"ncU that it had been disro~ered tbere was no such horizontal tark _de. In response to Councilman Green's inquiry as to the approval of the Fire District relative to distance of the tank froe the building, Mr. Yarborough said it bad heen approved previously. HC-51,oea.7 presentation ...e 10 øc-Sl,088.7 postponed t Appeal report ... -- Kinutes of the City COaDc:l1, Karch 15, 1971 cc-&l Archite::ural and Site Approval Coømittee (continued) MaJOr Stoltes indicated bü concern as to the appearance of tile tank and voiced his opiniGD tIuIt, 1£ this vas to be a pel"1Uneut feature, it should aatcb the arcbitectUTe of the existÚ1tl building. Øe suUested di....uaaion be CCIItinued to the lII!eting of April 5th in orier to have a repre.eatative frea Varadyoe present to c:oaaent on the peraanenc:. of tile ecmc:tural addition. It vas IIOved by C-U- Noel, secondK by Councilman Fiugerald and passed unan!~.ly that Application HC-51,088.7 be postponed to tbe meeting of April S, 1971. Parks and Recreation eo.mission 27. No quorum for ~ee.ing of March 8, 1971. Water C~~ission 28. No meeting scheduled. Librar~ C0~ission 29. No meeting scheduled. Cuperti~0 Citizens Coals Committee 30. Submission of Kinutes of the Steering Cccolttee for meeting of March 9, 1971. Public liearings 31. Appeal by William Briggs, Vice President of Clean Machine, Inc., requesting ~eversal of the Planning Commission denial of a tentative Hap to divide a 1.49-acre parcel into twO parcels and the denial of a Use Pe.-it to allow the construction of a gasoline sales/exterior car wash l~~ated vesterly of and adjacent to Saratoga-Sunnyvale Road, approximately 420 feet south of Rodrigues Avenue. Planning Director Siak referred to his. previous report indicating that the property in question vas located near the Town Center near the intersection of Rodrigues and Saratoga-Sunnyvale ~ad. He said the Tentati~e Hap request vas to divide the parcel into two portions consisting of 120' x 170' and it had also been requested that a car vasb facllity he COI1S~ruc:ted on one of tbe tvo portions of property. He ~oncluded bi. presentation by pci~tiDG out the ingress and egress to tbe property and infoøed the ':..unc 11 that the Planning ec-ission had rec.-.ended denial of tbis application. . . . Biøutes of the City Council, ~rch 15. 1971 CC-81 Page 11 Publie Bearings (continued) TIle applieant, V1l1úa ariaS, 2295 Celestine Avenue, San Jose, "'vpec slic!es or the ac:tillo __ _ld observe traveling through tile aut_ted ear wash f-U~. Be then presented sUdes depicting tile praaresslon of c:ar .... aEddteeture tbrough the years, specifi- cally pointing out a .... car _ah vbic:b bad been e_ded by that C:tC7 for its e:!tCe11ent ~-.... A reDder1n&" vas presented of the prapoaed faeility and JII:. kias explained that tbis partieular location bad been clIo_ 11 - . its doe proxiJaity to the slx- la_ road (Saratoga-SullllJY8le ~). ppl1eant '. ~ts lie _nt on to say that the _J.a traffic generated by tbis ear vash ~d be bet~...en 300 to 350 cars wbic:b v,"s considerably lower than that of the baak, the Tova Center offices and Szabo's restaurant located nearby. He said 100 ~ cent of th~ traffic would be con- tained On the lot and eould be screened frOlD tbe road by the inelusion of . screen, i: desired. The ecology problem bad been considered,he said, and it had been proposed to re-cycle the water which would red~ce tbe amount ~<~j from 30,000 gallons per day to 3,000 gallons. In further ¿~,,~ièlng the o?e~ation, he mentioned the f2ct that the noise woul¿ ~~ con~ro¡led as ~e11 as the ovcrspray proble~ an~ the building ~~~:¿ incorporate scli¿ slucpstone walls with a ~ini~um of signir.g t, re used. Lv~-:~'el lighting was to be used and the facility ~,u:¿ be completely ~C' and lIodern in its struct~re and design. 1.:: chccki::~ \.-i:h the Count} }.-ss<è'ssor's Office c?l:rerning :he lot-::;?::'~i.:. problem~ h~ 5a:d he di~co~e~~~ t~ere were 67 l~lS located en c~ercial thorou~hiar~, :~r single uses ~d 92 lots available of larger acreage. Of the 6ï ::t< available, caly two were available for use without a lot spli to In referrir.g t: City Ordi~r.ce sections, he mentioned that a car ~ash was allo~a~:~ in a CG zo~e wit~ a Use Permit and that the City coul¿ exercise c:a~r:l by this eea~s. He also mentioned that it oust be shown that .r.i. would be d~.r'cr.ental to the City if developed in this manner and a~~~. should t~~ !~tativ~ Hap be disapproved, the reasons must be statod in elear cer--5. In concludin~ his commencs, ~. Briggs informed tbe Council that it was bis feeling that the desig~ aad architecture of the proposed car wash facility ..as s.:>und and vould blend well with the surrounding area, this waS a l~~iti...te rc~uest as it was within the City Ord,nance requir.....ents .1r.d the ",>nc"rn relative to a ",d imagl: for the City could be c~ntr.:>lled by coDëitioas imposed. At t~is ti~e, ~yo~ Stokes requested audience ~~e~ts ðnd Ann Anger of Mont4 Vista advanced co the podium indicating her opposition to the application and sug~esting the possibility of office buildin~s bcin~ placed on th" property sla11ar to those in Vall co Park. She rc~uested that the Ccunr.il deny the lot split in this instance, ud i ...nee ~or::.."t·r.t ~ race 12 public: hear1Jl& c:1o;;...... Ap?E..a~ c!en!.e-:' : 6-Z-70 presentation . - Minutes of tbe City Councl1, March 15, 1971 CC-81 Public lIeadngs (continued) In tbat there _re no further c_nts introduced, it vas -.red by Council-.1 lIoel, secon4ed by Councilman Fitzgerald and passed by a unu1aous vote that the public hearing be closed. Counc:il_ Roe1 indicated his opposition to tbe proposed lot s:»lit by saYlD& that in the past these spUts had proved to be poor planning and he could visualiae another situatio~ occurring sbai1ar to that involving the Uric:h property. Be felt the property should he developed as a whole parcel and said the c:ar wash facUity had he.". of good desip, bowver, another gasoline station vas not needed. It vas Councillllan f'"r,)l1ch's opinion that tbe problem wHh c_rcial d""elopments bad been that tbey had resulted in many long and narrow lots and, for that reason, he was opposed to tbe lot split. He vas in agreement ~itb Councilman Noel concerning the good design of the car wasb and also agreed that, without the gasoline sales, the car wash facility would be desirable in another location. Agreecent was also indicated by Councilman Fitzgerald insofar as the design of the car wash facility was concerned. II.. felt, ;¡,,"ever, that inas=uch as property o*~~rs had been encouraged to incorp~rate soaller lots inte larger developments, the split should be denied in t;¡is case. He was also opposed to th~ close proximity of the ~c;¡inery in r¿latiDn t~ the residents bCC3U~C of the noise prcble~ ~~i~h ~culd result. It "'as t:\oved by Councilman Green and seconded by Counc1 1""", F": zge<ald that the appeal by Willia::: Briggs conccrning the P1a::ning C:c-=is<: ,JO's denial of 3 Tentative }o~p t.o divide 1.49-acre parcel into t·.a·C -;)ar':rl!: and the denial of a Use Permit to allow the construction 0: a gas· line sales/exterior car wash b~ denied. Ayes: Noes: Absent: Councilmen None None Fitzgerald, Frolich, Green, Noel and Mayor Stokes 32. Application 16-Z-70 by Falender Homes Corporation for a zone change from AI-IO (Agricultural-Residential 10,000 square foot Lots) Zone to P (Planned Develop--ent) Zone with intended use of 140 single-family attached dwelling units; approximately 20.9 acres located southerly of and adjacent ~o Voss Av~~ue, Northerly of and adjacent to Alcalde Road and westerly of Lockwood Drive. (See Item No. 34) . Mr. Sisk reported that the rlanning Commission's actions bad been previously in bis _orand... to the Couacil. The area involved vas described briefly and be described the interior circulation which was to be around the knoll. The Planning Cuamission's rec~ndation had been, he said, that tl~ application b~ approved subject ~o c:ertain conditions as previously indicated. . . . . II1Dutes of tbe City eoa.c:i1, March 15, 1971 Public Hearings(cOl1~~) S. ADd.non, AUone)' for the applicant, 14457 Ii¡ Basin tray, Jar.top, cae fcm:arcl to farther desc:ribe tbe develo~nt. Øe _tined several .....tfoaa aod revisions which bad been aade to the original plan, I.e., Lockwood Drive was now c:onnec:ted to the property; the density b8d been reduced to lite lowest possible level to mre nt'arly approaclo tile existing Gener.l Pllln; tvO-tb1rds of the fl.t lan<Ï would be oseI for bcaes, to be built o~ a slope of less th.n S per cent; the deve].... t vas to be surrounded by trees; the cluster of boIDes would be staggered rather than in straight rows as previously I planned; the cul-ie-sac:s were in conformanc:e Wilh the City requir~- -.ats; the billtop vas to reaain intact vith less than 16 per cent of the land being covered by ~es; bikp. patbs, svtœlDing pool facilities, etcetera would be prov~ded along with all the services of tbe City such as water and sever facilit~in a country-living atmospbere of higb qualit.. He went on to say that Foothill Boulevard was co~sidered to be a secondary system and appeared to pose no probl~. :he ratio, he said. would be 31 persDas per acre which could not be reduced any further without buildi~ large and expensive homes resulti~g in a cut and fill situatloa si~ilar to .hat existing in Saratoga. In concluding, he sa~ :cw-cost hous~-g is now necessary for the City of Cupertino in3S:~=~ as 95 per cent of the City ~as n~. composed of 7500 sq~re foot lots. It was then reqûested that the Council indicate a;:pro~al of this application in <:oncurrence witb the Planning C~ission's recomm~ndation. Mr. .Jerry Eline, Vice President of Falender Homes, described the plan further by indicat~ng that the homes would be clustered around three main cul-de-sacs, the streets would be of a 26-foot width, the dwell- ings would range in square footage from 1100 to 1800 square feet inth living area with the entire project taking advantage of the natural land features and natural growth. The density, he sald, would be 6.47 bOlleS per acre ·Jbich. as compared to the surroundi~~ develop- ments, was conslderably less. The development was to be co~pletely separated from the upper slopes to allow a reduced acount of grading to retain tbe natural terrain. Tbe maximum grading ~~s to be 11-1/2 per cent. In continuing his description, Hr. Eline said two-thirds of the land v~ld bc left open, the project would be scrcened from the surrounding .reas, parking would c:oasist of cnclosed.tvO-car garages with enou~h clearance to kp.ep vehicles off of the street and,in tota~would ..aunt to a ratio of 2-1/2, existing City systems would not be taxed .ad street plantiog would be provld~. The influx of school children, he said, would he no ..re than that pro<luced by a standard residential subdivisJ.on developaett~. In concluding, ba ....tioned that, after considerable study this propo_d dC!V..lo~t >lSS considered to be the .ost desirable for tbis particular area and he requested that the Coun~il approve tbe _1111 applicat10ø at this tiM. ._._.~.. ~ "~ cc-8l Page 13 revisions desc:ribed furt::-er d~s';:':';>t i ":e comc¡i:~:S Page 14 aaoIieDce c .p. I :-I?~uttë:.l :~:De':1:'S ~"!>lic .':C;:'~'::S ':'¡05e~ '""nc 11 coaaez:ts . . . !linutes of tbe City Council, Marcb 15, 1971 CC-Sl Public Hearings (c_tin""") Several .-bers of the au41eace indic:ated their opposing C:OIaenta vbieh vere pr1aarlly as fol~: the overall density vas c:onsidered too high, the location of this d~velopa.ent was not deairable¡ it was of LODcern that the terrain aigbt not support this development because of the sol1 conditioN. It... suggested that a _ratoriUIII be con- sidered on deve1Op.ene in tile footbills pending development of a Ceneral Plan for tile ara and it vas furtber suggested that an Emergency Ordinance be enacted to allow for a 9O--day ....ratoriua a5 a ain1lllulll effort in preaervation of tbis area. It was felt I that tbe County of Santa Clara bad a plan wbich should be studied as veIl as a geological survey being taken of the entire area as a protective measure for the future. An article was quoted fr.. I the Palo Alto newspaper indicating tbat it was proper and ",ore ad- van~ageous to purcbase property than to permit it to be developed, and circulated petitions were cited. I In rebuttal to some of tbe above~entioned audience c~ent8. Mr. ! Anderson questioned the statement =de concerning the setting up of . a moratorium and challenged the allegation that laws could all~· a City the power to freeze its growth. He said an E:~.gency OrJinance would not be in order in this case and was not needed as the developer would not proceed until approvai was granted. According to the State Planning Act, Mr. Anderson said the Council should decide on this application on its own merits as they sep. Ut. In that there were no fur~her comments indicated, it was mov&d by Cour.cilaan Noel, seconded by Councilman Fitz~erald and pass2d unanf- I t10usly that the publi" hearing be closed. I , I I I , I I It was Councilman Noel's opinion that two items were in question at this tim.', n~mely, ~he apl>lication and the petitions which had been c:irculated. He felt, bovever, that the application only should be discussed at tbis tilDe. Councilman Fitzgerald said be did not believe in moratoriums adding that the application sh}uld either be approved or rejected but not postponed. He felt it was not fair to make the applicant wait any looger and recommended a decision be aade at this tilDe on the appli- cation. IntereseWiis indicated by CouncillD"n Frol1ch rela~it>g to the petitions cited by bn audience member as he felt th~y W&ce representative of anxiety felt by residen~s insofar as foothill development wa~ concerned. He voiced his opinion that these petitions sbould be seriously con- sidered in dlscussing all appllcation... for foothill development. It vas Councilman Creen's feel in! that approval sbould not be granted by tbe Council on this partic:ular application at this time and dis- cussion continued briefly. . , ,-- . . JU.stes of tbe City Council, March 15, 1971 ....Uc Hurings (continued) Ie _ lIOVed by Counc1laan Prolich and seconded by Counciœan Green cJ.c Application 16-Z-70 be clenied vitbout prejudice. CC-81 Page 15 .,..: -: ··1 ,P: Oounc11aen Prolic:h, d'r-, Noel aDcI Mayor Stokes Fitzgerald Bone 16-Z-71 denied vitbœt prejndic:e 1Lp"" Stokes questioned tbe _..dty of aD ul'geDCY orcIillanc:e at dIb time SIllleniDl that thi. it_ be phced on the agencla for .-eral discussion at tbe _t _ing and at that tt.e, if necessary, _ Paergency Ord~,nanc. be enac:ted. It vas his feeUcg that sIegal opinion should he ..resented by the City Attorney prior to ac:tion heing taken on this subject. In CC"'P1Duing be said the lands in Palo Alto tMre not tbe same as the area ~n question and added that he could DOt put as lIucb stock in petitions as be would in residents coaing to the meetings and speaking, in person, on tbe different ap~licatlons. It vas then coved by Councilaan Fitzgerald and seconded by Cour.cil~an Green that the c¡"estion of a moratoriUM on foothill develoi""ent ~e br~~ght up for discussion at t"-e next neeti~g with a report to b~ su~itted by City Attorney ~a:s concerning urgency ordi.oance ~ro- cedures which could possibly ~e undertaken. The notion ~~s cðrr:ed by a unanico~s vote. , I",oratoriu::: l"diSCUSs.ien continued A rec¡uest wa" also made by Council~n Frolich that a staff r~port ;p prese.nted on the Master Pla:'l as .ell as on foothill d(veloi~er.t st·..i::i~e~; by other agencies or groups. 44. Acceptance of Cupertino City Library. It vas requested by Mayor StC~S that this item be taken o~t of coctext and discussed ot this tice. He then introduced Mr. Dlessin~, Arc~itect for the Cupertino City Library who indicated that he had tbree requ~sts to present to the Council, namely, a rec~en~ati=n that a Notice of Completion be filed, that the library be accepted by the City of Cupertino and that a Certificate of Pa;~ent fr~ Ccntractor be approved with 10 per cent retention and itees cf approximately ~~100 that had been tentatively approved by City ¥~nager I Quinlan to co~er 14 SlDall it~ whlch would COMpleted prior to the expiration of the 35-day acce~tance period. It ..as moved by Councih'aD Fitzgerald and sec:or.ded by Councilun Creen that the Cupertino City Library building be accepted and that authoriza- tioo be given for a filing of the Notice of COIDplet'~n on said building. library accepted Ayes: lIoes : Absent: Fitzgerald, Frolich, Green, ~oel and Mayor Stokes Counc llmen None None On behalf of the citizens of Cupertino, Mayor Stokes thanked Hr. llessing for an ex~ellent job. A recess was called by Mayor Srokes at 10:43 p.m. and the .eeting reconvened at 10:59 p.m. vas 't'eces. .J:.. e' _ r .aae U Ord. 48C sec:ond read iog Ord. 480 enactme= .... 3CDI. adopted " . . . IUøJtes of tbe City Council, Karch 15, 1971 r.c-ål After a reading by Mayor Stokes, it vas moved by Counc:ilman Fitzgerald I aød seconded by Councilman Frolich that Ordinance No. 480 be read by , title only and that that the Mayor's reading constitute the second I reading of said ordinance. OEd1nanc:es . , . Ayes: Sees: Absent: 33. Seccmd readiDI of OriiDanc:e No. 480: "An OrdlNDC:e of the City of cÞ,,",lUao ~1ng Section 1 of ordf,,-. No. 2 by 11''t'h'..if71aI a c:ertain Portion of the City of Cupertino; 4.32 .IoI:ne from T (Transportation) Zone to P (Planned Develo,.-t) vitb 13-2.2 (1Ieaidentia1-11altl,1e Family 2200 Sqaaø Feet Per Dwelling Cnit) U.. Int....... Zone; 8Dd 0.62 Acre froe T (Transportation) Zone to , (Planned Deve1....-.ot) vith CG (General eo-erc:ia1) U.. Intended Zone; toc:ated Easterly of the Pendina Mary Avenue lIea1ia-t and Aprpoxilllately 1200 Feet North of tbe Interaec:tioG of Kary Avenue and Stevens Cre.k Boulevard" . Coone ilmen None None Fitzgerald, Frolicb, Gre '. Noel and Mayor Stokes It was moved by Councilman Fltzgerald and seconded by Councilman Froltch , that Ordinance ~o. 480 be enacted. . I t L , I I t 34. First reading of Ordinance No. 481: "An Ordinanc" of the City of Cupertino Amending Section 1 of Ordinance ~o. 2 by Reclassifying a Certaln Portion of tbe City of Cupertino fro~ Al-IO (Agricultural-R"sidentia1 10,000 Square Foot Lots) Zone to P (Planned Development} Zonp with Intended Use of 140 Single-Family Attached Dwelling Units; Approxtcately 20.9 Acres Located Southerly of and Adjacent to Voss Avenue, Northerly of and Adjacent to Alcalde Road and Westerly of toc\.:wood Dr i ve" . It vas announced by Mayor Stoltes that this ordinance had been previ.....xy ¡ denied in connection witb Itea No. 32 on tbe agenda. aaOlOlutions 35. No. 3031: ' "A "soluti'>D of tbe City Council of the City of Cupertino Allov1ng Certain Claims and Demanda Payable in the Amounts and frOll the Funds as Hereinafter Desc:ribed for Salaries and Wages for the Payroll Period Endiog ~rc:h 9. 1971". Sab.equent to a reading by Cnunc:1Laan Fitzgerald, it vas 80ved by CouDci1- .an Noel and seccnded by Counc:11aan Green that Resolution No. 3031 be ..-opted. .fIpc: CouDc:1lIII..n Fiuprald, Prolicb, :;reen, lIoel and Mayor Stoke. 1Iloes: ..... _..nt: ... . . . 111__ of tbe Ci::< Cou:1cll, Karch 15, 1971 ~~1oI1S (conti::ued) 36. Ro. 3031: "A Resolation of the City Council of tbe City of OaperUno A110viDa Certain C1a1:ls and Deeands Payable 111 :Ja,e ADDunts aDd frea the Funds as Herei\lllfur !.Ies- c:riW for General.... Jf1ac:ellaneous Expenditures". ~ . reading 111 Councilman Fitzgerald, it vas 1IIOVed by Councilman IIoe1 .... seconded ~1 Councilman Creen that Resolution No. 3032 be . .. ....... -..: JIoes : .~ Counci1ae: Fitzgerald, Frolic:h, Bone yo: Hone (:reen, Noel and Mayor Stokes 37. No. 3037: "A Resolution of the City Council of the City of Ca,ertino Appointing David H. Adams as City Attorney, La~~.~~e F. Terry as Assistant City Attorney, and John T. Ba:: 4' Deputy City Attorney, DescriÞing thelr Duties, ani :: t.:-..-:.iing for t.heir Cœ:Ipensat ion If . Subse~~nt to a ~i.":~' ~y Mayor Sto~es, it ~aS moved by Councilman Froli~z and secc",,: 0, Council~n Xoel that Resolution ~o. 3037 be aóop:¿ . Ayes: Jõoes: 10:5,",,: : Ccuncil=~~ ~:::g~rald, Frc~:ch, Green, ~oel dnù ~ayol SLok~s :~one ~\one t':lfi'O.:'s::ed Busi::-r ~~ 38. Su:C:.s::~ of staff report or. stat~s and content of ap:::~a:~~as submicced by Encinal Park, Inc., for an a1"'¡: :~¿::.: ¿evelopme~:' on !!cClellan Road, as t.he ôpplica- ti:es ~e:ated to utility services. I~ referring to ~_; ~.:ent report to the Council, }k. Yarborough in- foraeC the meob.~s :: ~~e aspects ir.vestigated. He said San Jose Water ~~ indica~': ~~.Y ~ould not be able to service the property iD q4eStion bE'c,¡·_::;~ :: J. verbal agree=enl between Hr. Storm anù San Jctoe "'at..~ \.~..;-, "3': becn prev¡ously !:I3de. A:ter the last letter frOD S&n Jose ~a:<o. t~e applicant made request of the City of Cupertino for _ter servi~.. !: ~as suggestê'.1 by Mr. Yarborough that Item 14 be reYLsed to cc~~.:~ a provision Ícr vater checking and that the appli- be r~~1red to r~'.=~: a letter of compliance o~ water and other ser- ...ices. I~ -. rr.cOllllDenå¿¿ ;y City Manager Quinlan that the City ..cbor1ze the Ci:y ~n3ger's OfCi~e to contract with the for _er service. "":,,.s boundary chanltes under study at _]., be in conf::=t.~3 allow the developer to pr"c""J, voaLt a1ao be in :~ best interestS of the City he said. Council developer the present This action CC-Sl Page 17 .... 2032 adopted RES. 3~37 adopted I Encinzl Par CO"""'1€'r.!S ~._. .~'"--- Page IS ,oc inal Par.. 1;:~r scr-.¡1=.e , c:~oved ~.-=¡ttee ~=?ointm.ne -:.ode . . . _~ea of the City Council, Karch IS, 1971 CC.aSl 8úJ.nished Business (continued) _ _ vas 1Dðicated by Counc1ÜIaD 1'r011c:h as to Resolution 154S -.<PIo .states that no vater service aD be 8iven until property is , _.... to tbe City. lie questionel the City's position in grantiø¡ .·..ception to this resolution. ilia ~ to 1Iayor Stoltes' 1nqtdry.. to wily be b-' DOt approac:be4 de City prior to January, 1971, !fr. c-el1y said there had MIlD ..~.l letters be bad discovered re<-"'Y in Hr. ïarborough's file .....h tbe appl1c:aat bad not rec:e1". _eating a lack of c_...anic:a- ct... The áppliC:aDt, therefore, __ _re of the situation until .-.-I:ly. -.enssion continued wherein the !layor stated tbat the Council should ~ a definite decision at this tfllle as to whether or not to service dds property. 9.e indicated his feel1Dg that he could offer no sympatby CO the applicant in this instance because he felt he had waited unt 11 it vas too late before making his request to the City. I ¡ Ccanc:ilman Fitzgerald was concerned aÒ1>Ut the ultiaate result of making I ~ exc~ption i~ :3is case beiag that tLe City would gain several high- ; rate water CUS:~è~S and he suggp-sted that the prcperty be serviced by San Jose .Â:è~ instead of the Cley ~f Cupertlno. ¡ , , I , I , , I A!~er sc.i1e d~a:.:~...;.c:. i:: ~ Councilman S:el that a~ a åouble rate. was moÿed ~1 ~~un~ilman Fr~!i~~ a~d seconded the City ser,ice this property with water A:;-es: S.~5: ,&:sent: Coun.;:i:!.=~:: COU:l':~:'::¿:'J. Nore Frolich, NQel ~~d ~Ay~r Stokes Fitz~erald and Green 39. CC~3ideration for an a;;ointment of a legislative rè¥iew committee. Tbe Mayor appci~:èd a legislative review comaittee as r~quested by City Manager ~~i~13n consisting 0: Mr. Quinlan, Mr. Ryder, Councilman Frolicb and hi~èlt to review any legislative bulletins having an effect on the Cit)' to see vbether or DOt they should be p',esented to the Council fcr further action or, in ,ases of inadequate tillie, ~ notify the l~islature in Sacramento. 40. S..b,ussion of staff report on the City's posiHon for aC'1~isition of Sorci property on Mary Avenue. 'DIere vere no additional coamaents _de by Mr. Quinlan at this tillle. 41. Su!aiss~,on of staff re:port on estimated cost of phased de-velopment of Stok.es AYe<:U8 park site. ....11c: Works Director Yarborough reporteJ that tbe staff had outl1ne4 .1--nts which ai¡¡ht be included in the paz 1t and it ",as suggested tbtt _ arc:hitectural layout be aad~ feR' the park sit~. . . ~te8 of tbe City Counc:il, Karch IS, 1971 ..,t..t ~ d Business (continued) Ie _ rec: IDðed by Mr. Tarwrough that architectural consulting ~ lie obta1Ded at an appraxlll8te c:ost of $1,000 and, seconJly, dIat ..-t.. for deHlopMllt of the part be integrated witb the budCet ~. .}~ -' .. .. tt>ot-. r ted that, before a consultant is bired, a formal p should he obtained fr_ P G & E and Hr. Yarborougb agreed aD. Ie _ then 1IOYed by Counclll11aD Frol1ch and seconded by Councilman ftuaerald that the staff be autborized to proceed in obtai ~tng a ~JtaDt to aaster plan tbe Stokes Avenue park sitp., subject to receipt of a written agreement vith P G & E on tbe us~ of the ad- Jacent ~ight-of-vay as a park facility. Ayes: 1Io2s: Absent: Councillllea Fitzgerald, Frolich, Green, Noel and ~Ayor Stokes Non.. None It vas suggested :~at the staff cbeck into the possibility of using college or high so~~cl students during the su~er as indicated undcr Alternate I of ~. :arborough's report. Mr. Quinlan was requested to check into this anå he agreed to do so. 42. SU~:5sion of staff report on rcc0~endations for i~Fl~entjng a bike~ays program. In response to Y~,~r Stokes' inquiry as to thc Southbay Transportation Officials Associ..:i~", ~!r. Yarboroug" e:-:plained r;'at this organization consists of all ::..i:ic engineers and transportation consultants that do business in t~e area for municipalities or for allied interests. They ..et regular:, as an expert group to investigate and formulate anifo~ standard. :n many programs such as the bike~ays program. , , After some discussi:" ~herein it was strongly suggested by Mayor Stokes and Counci:=n Green that action be taken rdati'1e to bike- v.ys as soon as Fossible, Mr. Yarborough agreed to present a report OD tbis item subse~uent to the March 24th meeting of the group. I I I I ! 43. Su~nission of staff recommendations on feasibillty of esu:'lishing a truck route by City ordinance. Ør. Yarborough ~entioned that a sample ordinance had been forwarded to City Attorae, .\.lams ior his review and explained that, from his own experience, ..::ernate routes had to be provided in ordcr to 1naugerate a 5,5:=. He said enforcement is a problem, adding that be vas trying to determi~e what type of ordinance would be Deeded . I ¡ , Councllaan Frolic': suggested that the possibility ot ~;..iting truck traffic to certain ~urs be considered, to which City Attorney Adams respoaded that this would be taken into considcration. cc-81 Page 19 park s1t(! landsc:ape consultllnl approved bikeways prograr.1 disrussiol' truck roul comments · I . I 'oage 20 JUftUtea of :~ City Council, 1fa:ocb 15, 1971 CC-M classifica- tion stuolF contract ..arded rJadway :td.;.¡e c: ht1.": ¡:e discus~e¿ DeAnza Boo leva r:i endorsed Sew Business 44. Accqltance of Cupertino City Library. tllte aatter _s acted OD prerioasly between 1ted 32 and 33 - the ...-.. . 45. Avard of ~oattect for a classification study for _ Pers~ Ccx'~. It vas rK nded by Mr. Qatnlan, as indicated previonsly {n bis nport, tha: t!'.e fira of Grlffenbagen-Kroeger, hc. he awarded the coatract fOT a class1fic:atioa study for tbe new Personnel Code in that they _ld he capable of aubaitting such a study by May I, 1971. It vas 5C =--.ed by Counc11&aD Green and "~conded by Councilaan i'1ugerald. '\,yes: Noes: , A!>sent: I I i C",~",dlmen Fitzgerald, Frolich, Gre"n, :")1'1 and Mayor Stokes s~=~ ~:~ ~~, Reouest of t~e Cupertin0 C~x:òer oi Comoerce for the changing of ~he namp. of Sara:~~3-Sunnyvale Road to DcAnza Boul......ard. ~r. Cha:':i~ _·:~nson came ::-:-."êl.rd repres(':".::::~ the Cupertino Cr.3!!1ber of C~er~e ~c, i~dicated there ~ere four ¿i::erent n3~es for Saratoga- S~n~y~a:' ,:~i and it was :ei~g requestei t~e City Council a~opt a resoluti~~ :~J~6ing the na=e to DeAnza ~~~:èvard. Duane Bu=:¿~~~ then advanced ~o the po¿iu~ explaining that~ as mentioned , in his :ett::, an effort had been made in 1963 to do this s=e thing. ! In in\.eStip::ng the proce-;ure for obtaining a name change, he found ! that the ~r:~er changes to be taken were to obtain the approval of the City C:~~il's involved. as well as ,~n~urrence of the Chambers ¡ of C,;=e:-~. i:!volved, and then to set up i'u:,lic hearings. I Suhseque:!t t~ a brief dis~ssion of n~e p~ssibilities, it was moved by Çcuncil:4~ ~:tzgerald, seconded by Council~aa Frolich and passed unani- mously t"-a: the name of DeAnza Boulevard "e endorsed as recommenderl by tbe Cupe:-t::..: Chamber of ec-erce. 47. Proposal by the Colden Ea~les Drum and Sugle Corps for tbe designatioa as offlc:~l musical representative of tbe City of Cupertino. Hr. Willi~ C. Nielsen, 940 Bussell Avenue, Los Altos, explained that there ~~re :we corps involved, the Golden Cadettes (ages 6 to II year~) and the Se:::r Corps <ages 12 to 21 years). He mentioned tha' public support hac :een difficult to obtain in the past to allow for these children t.: ;t.articipate in rhe c:orps' functions. ¡¡." .ain object of ~his req~est, he said, vas to obtain the Cit¡'s s~pport in order to _.. ., . . . , __tea of tbe ~1t7 Council, llarch 15, 1971 ~ r, ... ..1_ {:cat in_d) i, 5- j ~ ¡ ~. ~f- t vitk tMir act1"it~. .. indicatÑ the total ~~ ... chadlll tile ... ,ear Ud beeø $10.1Ø ....., in order to ub a profit, they ,.. .... the City's hdp. Ja coac:ludiDII his c U, 1Ir. Wie1_ 11·.., 111 AlWit10a to ..... II. IÞ<tt the City ~1de ~ witb a Usa· ta ..u.arn to aD il1C1lir, ~ "1:'1 Stous. Kr. Il1el_ said the . It.hip as o¡ÞeI1 to 6._..____ aDd there wre DO reatrlc:t~ ill tIds regard. k suaesteel tMt the Parks and IecreatlOl1 Depart_t _lei poes1bl~ vcrk with the," ar-p In t~t it ..... a rec:reaU_l tJpe act1rtt~. Mayor Stck~~ .s£,~ that this ..cter he r~:~rr~ to the City Mana~~r &Jd that !Ie ,r<<ent a report to the Cttrps u .-ell as the City Council .~ tbe nexc - rtt i~. ~. ~~sèusslon on request to ~r~~ :~¿ àeslgnAtlons on the :~~¿rtino Library Plaque t~ :~:'~~¿ th~ nane 0: a former :~:y Councilman. CC-81 Pale 21 staff report requested 011 "1'_ and bugle corps request plaquE ~':','" After sc:t '::<~:oõ~~.:'n. it vas ....""\·ed hv C'~;~·":-:c~ Frolich. s£cC':1de-d t c r(>-,·~ ~;; by Ccunc:.:::..- -~.: and P~'Hise~ u:'.a:1j~ou:-;:y ::..3.: ::~oi' names a5 (:~tat--lisht'd' I {"O as a¡'pr :;\'1.--'') at the ~rt~·'-:':," -::~t"ling re=.:'~. ..~. ~:..i:! leque::st !:'r t:-a: r,·(:~":-':· ·,.t.;.\J't of a ·r. C:,,¡t :-~::h."'('r posi:1:.c ;;-, tht.' ...:~.:-:::~ Div!s1.:,'-, :-'::'.1rt- T..~"":: of Public .::1(5.. t~,~:- .~ n~:~in("er. 1 ~ ...·as =-:,"':t':' - pass€d =-.. .1 _ quested. :'u:1cil:U.1:1 S'o~l. ~ec('~¿,,'':~' .;:'..:i]r:¡an F~,:z¡i'":-ald .'1nd ~':~vusvote t~.~t said r~'~:~..- :'\.' reclas!;~fJ·: .3~. re- 5~, ".1:f request for C"ur.cil .1co~:':ll of the State plan for :~:::-turn cha~~e:¡zation ,~ ~~~~~:~3-Sunn~~a:~ k~aJ in :,~è vicinity o! \·a:le)· Grè':--: :-:.:~ and Maria.¡: n..."enut!'. I It vas C-:-Vè': ':...'uncilman See:' and s"·C''''~':'I.-.; ':-~; Cc-uncilr.:.a:1 Fi:z~~rald I t;l.t the? '::'i.- ;;_~:..1tion, afl; rt'~Ulest(·d. ~i' "¡;;:-:-:"",~J. The ~oticn carried by . una::~~:_' . ::e. I 5:. ::~.:usslon on st.~!f prop<:,s.:l: .- ~- :he d~siKn of landfic3pintt. ._ ",edians thr:>ugh"ul tl,,, C::,.. Mr. Yarh,'r:~.- , ;orm"d the Coua-,i! th"t :c,~¿ ...."r¿ certain ..,,,as lucatcd :.: ::-¡; !.lst of Rla~~y. near \:01!t' R..'''': .¡nJ adjacent ':.0 Sleve:-r.!; t Creek 5~"":1o.d·; .:dcit w~rc at11: ~n nc\.·.! ..~: :..I.~jscapln~. Hit' suggested tbat exis::",. .~"Jsc"Fin~ be revie-wcJ in :<~er to obtain the best it... for ~$' " the future. He .cntion,~ t~"t the State is study- 1Dg the ~.~ c: .~tliici31 rer!, ho~ev"t, :: is presentl; bein~ used only for ..:~<_;-tinK purpose6. I It va. ~~c~ :. CJUncilmaa ~oel and sccenJe· bv Councilman Frolich that the staff .... !_:'or1zed to -Pie the s¿.~,<¿s of a consultant at a cost rC"it: , rc(" 1 o:..5~ l ~: a tiCln apprc'ved chann~i ~za- tion appro~ccj ...,r Page Z2 cae - c:onsent c:alendar description I . . . Minutes of the City Council; March 15, 1971 CC-81 New Business (c:ontinued) DOt to eueecl $300.00 to review ...sian laadscapilll plaDs. '!be aotioa vas c:arried by the follovtaa YOtel Ales: CcIImcn- ftuguaU. I'roUc:h, CreeD, Nod and Mayor Stoltes N. '8: 1(_ Ab....mt:__ Consent Calendar 52. Resolution Bo. 1935-A: "A llesolution of tile City Council of the City of Cupertino Ncepting a Crant of Easement fro. Carl W. Haaland an! Alberta M. Haaland, His Wif~; Robert E. Collaber and ~~lba J. Gollaher, His Wife; Approxilllatdy .015 Ai:re Located West of !fary Avenue and South of JuniperD Serra Freeway". 53. Resolution No. 3033: tbe City of Cupertino lzation from Foothill "A Resolution of tbe City Council of Accepting QuitclaiD Deed anj Author- Inv~'§tment Coapany". 54. Resolution Xo. 3034: "A Resolution of the City Council ~f the City of Cupertino Accepting a Grant of Easement froD Jason ~hart1er; A?proxi=atcly 0.019 Acre L~C.ted Ncar Southwes: Corner of H~estea1 Road and Maxine Avenue" . 55. Resolution Xo. 3035: "A Resolution of the City Council of the City of Cupertino Acceptin~ Dedication of Real Pr"perty for Roadway Purpesrs iro", Foothill Inv..st",ent Company; Approximately 0.1: Acre Located on the Easterly Side of Foothill Boulevard betweeo Sal~ Avenue and Alpine Drive". 56. Resolution No. 1036: "A Resolution of the City Council of the City of Cupertino Approving Joint Cse Agreement No. 20869-8 with the State of California, Depart~ent of Publi.: Works, Division of Highways". 57. Rebolution No. 3038: "A Resolutlon of the City Council of the City of Cupertino Approving the Improvement of Frantage at 21976 and 21980 McClellan Road, and Author- izing Execution of Agreement in Conne~tion !nerewitb". 58. Resolution No. 3039: "A Resolution of the City Council of the City of Cupertino Accepting DeJicatlon of Real Property for Roadway Purposes from Ralphael C. Roù~igues aad Valentina Rodrigues; Approxlmatdy 0.023 Ai:re I.ocated on the East :>lde of McClellan Road Adjaceut to ASscsso:"s Parcel N~. 360-5-13". . . . . Hinutes ~f tbe City Counc~. March 15, 1971 Consmt Calendar (continued) It vas lIOVed by Counc:1buD Keel, seconded by Counc:l18n Fitzgerald and ...'\ssed unan~sly that tbe Consent Calendar be approved. . leport of Offic.~ 59. City Staff City Manager Quinlan referred to his recent report pointing out an organization cbart prepared which included five brae:! functions, including: Public SAfety, Administrative Services, Public Works, Planning and Devel~pment and ~arks and, Recreatioa. He continoed by mentioning tb.t union Loc:al No.3 had been recognized, that 2 Personnel ðoard had been suggested for activation by April 19, 1971. It was recommended by Mayor Stokes that the Courier be contacted to advertise tbese openings and it was fur!her recOlJmended b~ Councilman Frolic" that the Palo Alto Times be "ontacted. The Council was further inforoed by Mr. Quinlan that the ~onthly r~port from the Parks and Recreation Departcent had been recei~ed but h~d not been included on the agenda. He indicated that he had been unablc to review this report prior to the meeting and would bring it up a~ain at the upcQming meeting. City Clerk-Finance Director Ryder referred to a letter received fr~ Walter Ward of Vallco Park asking for a petting zoo for the VallLo Village for the period of April 6 to April 10,1971. He said thpy were requesting Council approval (1f permit fee of 5100.00 for the 5- day period. It was moved by CounciL=an Frolich and s~condeó by Council~an Grepa that approval be granted for the petting zoo for the per~od designate~ at a permit fee of 5100.00. Ayes: Noes; Absent: Fitzgerald, Frolich, Green, Noel and !iayor Stokp" Councilmen None None A change order was introduced by Mr. Ryder concerning the Cupertino Civic ~enter Plaza reducing the number of ulive trees to 32 and the paving accordingly. It was moved by Councilman Noel, seconded by Councilllan Fitzgerald and passed unanimously that th~ change order (So. 1) be authorized as requested. Ayes: Noes: Absent: Coqncilmen Fitzgerald, ~Qlicb, Green, Noel and Mayor Stokes None None CC-81 Page 23 Consent Calendar Val].:c ?ar!; petti~_~ ::00 approv<,¿ Change Ordel approv..d ra¡:~ 21, . fft -.lraà . :~~l~S ~d.!_r_£ Mlnut~s of the CitIÞcouncil, Y~rch 15, 1971 . Report of Offlcers (continued) Tht"~(" ...1rrant:; "("r<, intro:1uccd by ~r. Ry<l"T ,1,10 in,lIc:1ted t!1.u they hold lI,)t ~en r"cclvcd in t ÚIC ~or incon",ration on the varrolnt resolution. They ..ere as fnllovs: 1) Bank oi ^=erica. ~~rrant 80>b, In the 4nOUnt of $7,2il.38 as interest on the library bonds due April 1st; 2) to \luett1:; and ScbrOllll, Inc., Varrant 8059, in tbe aaount of $11,317.27 for pa~~ent of tbcir pr~ess bill for landscapi~ aDd 3) to Ch311ence Dovdopao!nts, Warrant 8060, for $22,160.37, for the Ubr"J' whicb bad beeo previously accepted by £be CøuDcl1. It vas õ!IOv<!d by CouncUa_ Fitzcerald and seconded by CouncilJUII Cre... that the ~arr3Dts a3 in.Sieat" by Hr. Ryder be authorized for par-t in the su::aa _tiooed. Ayes: ~oe.: Absent: Counc1Øen Fitzceralll, !Cone 5_ Frollch, Creen, Noel and Mayor Stobs 60. City COunc:i~ }!a::"r Stokes referred to a letter reeeh'ed !ron ~!rs. I!erter: reg:udina to".-·cr !iõ'1\:!3 cross;'n-; tr.e hills frc:': :-"nt.1 '''is~,'\ t{' Cll~cy. It "'a. i:'\JiC.3".:è; th.1t th·~ Cit>· 0: Los Ga~~s :1,1:.! :t;:,p('i:t:c-c.I a c:~-_~!t:\.!e to be i!·,;...<..-cd ,,-·l~h t:l~ rC~~::1.ti:'n 0: th.:St tC'·...~rs 3:-:¿ :hc ":::-::- ~cntioned .:~ .:....;:.1 :.'~ ccn~:\c~ing =:¡::_:' Freit.1s .:}:. to tn~ st ~~uo:¡ ::-~ =-.:':':~!'1tlons to $":'''; ',:;lcth~r or not the City 0: C~Ji'~rtl:1Û ;;;h.~al~ üe i::..: :._~(;~ !~ such :.n f''ffo)t't. [t ',<,c~ ~,'=ented 1:7 the ::a:"or also th~t tr.ere ~"<Ju:'d !>c fee::' C~~",:155{on s~~ts .:.1.'~01te~t t·o:o on th....;. ::-Co~:r!")l CL':--.ittc~ anJ: ~.:;,) '.::.... :":'-_~ ?'J.l"'ks and Rcr.r~'\:.. :C1 Cot".:2bislcn. ¿~-J he:: rC':CT.:"_-.";':1Jt.,ë th\."'" n,e°..:;;¡';:.3pe:-s =..~ t: :'ldcted to a~..·..·:ti~.~ til~se upc~:"'.:":'~ "~pè:tL,:;;s ~..i::h Apri: J::~1 ry..L.:~ ~>.~ C11t-off d.:te: ;'1.': ai"·pliC3tiun~. 1: ·...~i :U:-thcT ~u¡,·"-':;;:'èJ :.ha: éI. ~-;.c.:~:].l :-:~etift. be sch~5\.õlcd (or the putpcsc c: intcrvi~;:ir.;,; .3pplic.:H~tS for t.hese ap?;)ir.l~..:,i:!t. After a brief dis"ussion, the ~d)"Or ask~-d that th" four cc:-::i-.sioners pre,en:ly ~erving cont~ue to serve untll pcraanent appoi~t=cnts are IILi1de. 6l. Recognitior. 1:y ~yor of ~on-agenda It..- There ver" no iteas introduced at this t~. ^rJJl)l1rntlt~ It vas ~oYed by Couneilm~n Noel, seconded by Councllcan Fitzgcrald anð pas,;ed unanimously th3t the J:l!etin¡; b;; ddjourned. The meeting vas dec:larr.d 3djourned by ~Iror Stokes at 12:12 3... ATTEST: APPItOV!D : /s/ Wm. E. Ryder City Clerk /s/ Gary C. Stokes Mayor, City of Cupert1Do