CC 05-03-71
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CITY OF CUPERTINO, State of California
10300 Torre Avenue, Cupertino, Callfornia
Telephone: 252-4505
IlDUTES OF THE IIECUI.All iŒr:r!3G OF THE CITY COUHCIL HELD
MAY 3, 1971 I1f THE COUNCIL OWfBER, CITY HALL
CûtAJUDO, CALIFORNIA
SALUTE TO THE FLAG
Kayor Noel opened the meeting at 7:30 P.M. with the Salute to tbe
Flag.
ROLL CALL
Council:er. present: Fitzgerald, Frolich, Green, Stokes, Mayor
Noel
Council~èn absent: None
Staff present:
City Manaeer Quinlan
Ci ty Clerk Ryder
City Attorney Ada~s
Director of Planning Sisk
Director of Public Works Yarborough
Director of P2r~s & Recreation Butler
Recording Secretary Lois Inw~rds
MI~~~ES OF PREVIOUS MEETIXGS
1. Aporcval of Hlnute~ of ~he Regular Meeting of April 19, 1971.
Moved by Councilman Stokes, seconded by Councilman Green to
appro~e t~e Minutes of the City Council Meeting of April 19, 1971.
Motion carried, 5-0
2. Approval of Minutes of tbe Adjourned Regular Meeting of the
City Counci~ on A~ril 26, 1971.
Moved by Counciùaan Stokes, seconded by Council~an Green t~
approve the Minutes of the Adjourned R~eular Meeting of the
City Ço~ncil on April 26, 1971.
Motion car~ied, 5-0
CC-84
CouDty
Unary
("--1..~on
VacaDC)'
.
e
!I1DUtes of tIKI City Council Meeting, Kay 3, 1971
<XIIIÐNlCATIOIS
3. Vr1tten
a. Padfic Gú , Electric: ec.paøy: Infcmutional lett6r ad-
dreslMld to Dr. Charles E. DeFreitas, Los Gatos Counc:ilaaa,
relati"e to location and eøriroDIIeDtal treaÞleat of a new
electric: tr~sion line soutb of Los Gat08.
b.
Cupertino Union School District:
for City's reso¡~tion in support
electIon.
Expression rÇ gratit~e
of May 25th ..bool tax
c. Califom1ana for Revenue Sharing: Request for a resolution
in suppo""t of the c:onc.;;t of revenue sharing.
d. Cupertino Union School District: AC:{Dowledgement for the
City's support of the Board of Education's resolution on
i~tegrated housing.
e. City of Saata Barbara: Requesting cooperation in opposition
to enactment of Sen3te Bill '333.
f. Board of Supervisors, County of Santa Clara: Request for
recc~er.dat!on for appointaent to County Library Co~iss!on.
g. Sutter Hill Develop~ent Corporation: Setting forth their
position relative to the requested Use Permit for Gulf Oil
Company.
~. George S. No~Le & Associates: Advice and request for a
proposed Assessme..~ District for the purpose of (1) improving
a ~ort!~~ of the v~sterly side of Sunnyvale-Saratoga Road,
northerly of Stevens Creek Boulevard; (2) improving a
portion of the northerly si¿e of Stevens Creek Boulevard,
westerly of Sunnyvale-Saratoga Road; and (3) constructing
new local streets in the above vicinity.
i. Camac Construction, San Jose: Appeal of condition imposed
by Architec:t~ral and Site C..trol Committee on application
385-HC-68.
Moved by Councilman Stokes, seconded by Counci~n Green to have the
Staff notify in~erested parties conta~t the City Council if they are
interested in serving on the County Library Commission.
Motion carried, 5-0
I
.,
w
Minutes of the City Council Mceting, May 3, 1971
Moved by Counc:il8an Stokes, seconded by Counci~ Fitzgerald, to
refer" the letter froa Sutter Hill Devel~ent Corporation to the
Staff.
110':100 carried, S-O
HovI'Cl by Counc:1lsm Gr_, seconded by Cøunc:1lsm Fitzgerald to
f11, the written c ..tc:at1ons.
Motion c:arded, 5-0
4. Oral CoIIImunir.ations
Request from Hr. Alf Hodine to appear before the City Council to
request a proclamation for a Leif Ericson Day was received aftcr
agenda had been closed. He was agreeable to having it COQe at
the end of the meeting under Non-agenda l~ems.
5. Tran~portation Policy Committee - Councibnan Sto~€S
No meeting since last Council meeting.
6. Planning Policy Committee - Councilman Fitzgerald
Nothing further
7. Inter-City Council - Councilman Stokes
There will be a meeting next Thursday.
8. League of California Cities - CounciJrean Stokes
There will be a meeti~g next Thursday.
9. Association of Bay Area Governments - Councilman Frolich
There will be a three-day meeting May 26-28 in Napa. Since he
most likely will not be able to attenrl, he suggested the City
Manager might vish to send the Planning Director to represent
Cupertino.
10. Flood Control Advisory Commission - Mayor Noel
There viII be no meeting until June.
CC-84
PaGe 3
Sutter-Hill
letter
File
written
c_unicat1on
Œ84
.... 4
,
Seudy
Sess10na
.
.,
Kimat.. of tbe CHy Counc:ll Jieetin&. Hay 3. 1971
U. S_ta Clara County Water c-i..iOl1 - Haror 1Ioel
10 Mettaa.
12. SOW 1fute ~te_ of it.....f.. Poliey c:-ite_ - r-.dlaaD
c:n.
10 ...tq tb1a _t1a.
l'LMIIUfi CDIIISSIœ
13. Salaise1011 of IU.Dut.. of April 26, 1971.
14. Proposal for Planning eo.aission study sessions.
Planning Comadssion Chairman Irvin proposed one meeting every other
IIIOnth to be set aside for a study session to discuss long- and short-
~ange plans. H~ said that since there was no feeling of unanimity
8mong the Commissioners on this, they dLcided to bring It before the
Counc:il for tbeir opinion.
Councilman Fit~gerald felt the timing was inopportune; perhaps this
sbould be done during the winter months, when tbings are sl~er.
Counci~n Frolich agreed ~1t~ CQuncilman Fitzgerald. Applications
take loag enough to go throug~ the Planning Commission, H-Control
and Cit)" Council. Ho'-'ever, he could empathize w~ th the Planning
CoI:>aission's desire to do soce long- and short-range plannir.g, having
previously been a Planning CccIIIissioner.
Councilaan Stokes suggested the Planning Comcissio~ meetings start
at 7:30 and devote o=e bour to planning before the rest of the
agenda. Chairman Irwin said 7:30 meetings would be an incoavenience
for some of tbe Cocaissioners.
Hayor Noel felt it vould not be fair to applicants if they ~ust d~lay
their work 6-8 we~ks because of the vorkings of the City. He advised
Chairman Irvin that the C~ssioners must decide among th~selves
how they want to handle the situation, but he should transmit the
Council's feelings to thea.
...'"
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I
II1Dutes of ~be City CoI.......t III ~fn8. Kay 3, 1971
cc-84
rage 5
15.
Application 17-1K-10 fill lTaDchiae leal ty Interstate c...cpor_
tloo for Tentative II-.> to divide 4.7 acres into two parcels.
Said property 18 1«-'" a~ the southwest comer of Stneus
i:reek Boulevard aDd ~ Avenue 111 a a: (General Co --rdal
SODe. l,ec..--f!;pIecI for -..J .."..1.
'L -j1\
¡,
'~:
tIIè Pl_ing Director I.... .'1' the proceedings at the Pla-1D&
c-tsalon level and d1qÞIa,eI . plot plan 011 tbe sc:reen. Be
aplained t:,e 15th c:ondi~ relative to the 30' eas..ent to be
Dpl:oved in a I118Dner aeCafToohle to the City Engineer, with prcwi-
.1øD _de for defining tile ~ '""nay of the easement in such a
..uner as to preclude the .sa of adjacent property until the futur
use of parcel 1. He also DOted that this property is zoned ce.
Ør. Dan Dono~an, Attorney, said he represented the applicant. He
plac:ed a rendering of the ;Jr??-""5.c::d building on the bulletin board
and asked for qu~stions a~ =~e layout. He said the present
owner purc~~sed the proper=: ~ 1968 with the understanding rh~re
vas an apt~~v~d Tentativ~ ~~_ .~ a result of discussions .i~r
the City S:c.f: anJ heari~;s :: the Planning CO~lission, parcel ~
vas sbifteè :~ the wester:: ~~~~=ary and the applicant has agreed
to do all street imrrove:~==s := Stevens Creek Boulevard a~=
Portal A~~~~~ as well as :~~ ~:. easement. Ec said that i: :~~
City appro~es the Tentari~e ~¿?, the Use Pe~it has been a77rc~eå.
This was n~t a case of aSL~g :~~ rezoning to Comm¿Tcial; t~~S is
a c:ase .here the developer ~~ CG property that he wants :0
develop.
The site pIa:1 "as displaye.: = =::e bulletin board and May:>r ~;oe1
asked about the traffic f:~. :. ~aS indicat~d there viII be
only right turns; no breaL ~ t~e median strip.
Councilmaa Green noted t~e~~ ~e a school and a park in c:ose
proximity and asked if prC7~~::S for stop signs or lights haè
been made because of the a:=~c~?ated increased traffic. Ee ~as
told there .ere not. He als:> called attention to the lack of a
masonry .all between the c~r~ial and residential property.
Be also noted there are a ~~r of two-story homes behir.d this
property and this could c:reare a nuisance. In the future, he felt
the City should avoid devel~t of two-story homes next to
c:oemercial property.
tounc:illDan Stokes said (1) rhe 30' easement across tbe property
viII, in essence, divide it frOD parcel I; and (2) the proposal
sbows two driveways opeDi~ onto Stevens Creek Boulevard. On a
strip of 300 - 400' we coaLð ~ up virh 6 - 7 driveways openir.g
onto Stevèns Creek Uoulevard.
eel'
.... .
Use perafL
to be
reviewed
17-~ïO
pcst:;::c::"¿
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~tea of the C1tf C_
t1 ~taa. Hay ~. 1971
>1.
-.,or 1Ioel asked vbat Ia"'~ _to parcel I. Hr. Donovan saiel he
... oot bøe this 1Df..m '.- Be added that by .oving parcel twO
..-r to the vest, t1d8Jr. I . large parc:el which will be easier
CO clevelop tIIan the. -Ii 4 ... ~ously divided.
~
,
fa ...-r to Couøc11iÌ8a ìt" · qaesUon. the City AttDn!ey saiel the
... 1'eø1t __ sraut" ." ~ ~1ng eo.1ss1on, subjec:t to appeal
CD the City CouncU.
CløllDci~ Fitzgerald .It -.c . because this property was handled
øøt of bis offic:e.
!loved by CouncU_ Stokes. eec:cmded by Councilman Frolich to have
cbe Use per.lit placed OR tile agenda of tbe next meeting.
AYES:
J"OES:
A3STAlNED:
Councilmen Frol1.c::h, Green, Stokes, Mayor Noel
S("ne
C~uncillllan Ficzcera1d
Mot1c:1 ~rried, 4-0-1
~ved by C,~~:tlmar Sto·~. .econded by Councilman Green to ?ostpone
".;:¡>licati:~ :ï-TM-70 unti: ~ :lext regular meeting.
AYES: C,-,mcilmen Fr"::'~, Green, Stokes, Mayor Noel
~..I)ES: ~;..~ne
.~STAl~ED: C:uacilmao Fitz¡erald.
Mot~~ :arried, 4-0-1
l~. Appli:~tion 8-TK-71 ¢! ~ard S. J. Cali, Trustee, for Tentative
Map t, ¿ivide 20.9 acres into 70 single-family lots. Said
property is loc:ated ves~erly of and adjacent to Bu~b Road,
sout~erly of and adjac:e:t tc Kenned) Junior High School.
Recoc=enJed for appr~al.
Director 5is' reviewed tbe Tentative Map and the recomoe~dation of
the Planning Commission to approve this application with the 14
Standard Cc::ditions as well as Condition 15. Street dedications,
1Dprovements and fees l1O~ly c:ollected for a subdivision shall
apply also £.::r the lot aar1œ4 "Not a part of this subdivision";
16. Street aalDes shall be subject to approval of the Cnief Building
~spector; 17. Fence C:ØG5trac:ted on the property labeled '~ot a
part of this subdivision- ~l be subject to the approval of the
City Staff.
Minutes of the City Council KeetinSJ May J~ 1971
In answer to ~ounc:ilaan Stoltes' ques~ion, the Planning Director
..id the easement is to tbe eleaentary rather tban the junior
bigh sc:hool. Couøci1aan Stpkea suggested checking with tbe
Scbool Board to s.. if they feel 811 easesaent to Kennedy Srhool
lliabt be a ¡ood Uea here.
"JlDyed by Coanc11aan Stokes, secooded by Councilman Green to
. approve application 8-111-71 with the 17 conditions rec~ded
111 the PlaDDina c-iss1_, with the provision that they c:beck
with the School Board to see if they vant an easement along side
the junior high sc:hool property and if so, it viII bec:ome a part
of tbe Tentative Map.
Hr. Pat O'Connell, of Dietz-Crane Developers, said they are the
purchasers of the Cali prop~rty. He said tbe exception has 15
lots on it and if permanent streets are put in around these 15
lots it will just mean they will have to be torn out at a later
date when these lots are devëloped. Councilman Stokes did not
feel the requirement for full streets should be ",aived.
Moved by Councilman Stokes, seconded by Council~an Green to amen~
tbe motion to tbe effect that the develop~ent fees on the
"excepticm" be deferred until such time as that portion of the
property is developed.
Vote on
AYES:
the 3IIlendmen t :
Councilmen Fitzgerald, Frolicb, Green, Stokes
Mayor Noel
Núae
NOES:
Kot~on carried, 5-0
Vote on
AYES:
:be motion:
Councilmen Fitzgerald, Frolich, Green, Stokes
Mayor Noel
None
ROES:
Motion carried, 5-0
øOllTECn¡lW. AND SITE APPROVAL COHHITrEE
17. Submission of Minutes of April 21, 1971.
CC-84
Page 7
8-111-71
approved
vith
conditions
Fees on
nexcepti.on
deferred
CC-84
Page .
,
';,"
þ
51,230.1
returDed tc
H-Coo~rol
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IUDate' of tM City Council MeetiD¡, May 3. 1971
18. Appllcatiaa HC-5l,15S.l of Vestridge Florist, a sip for shop
located at soutbweat c:orøer of Stevens Creek Boulevard .....
South lla:1ey Aveoue. lee· lI~ed for approval.
'.
~ Director of Public: Vorb ð1spl.,..s a copy of the alp OD the
~n-t1D board. the alp trill be .. 11l__ted white ,1-.'-.
,¡. ,.,.~ vith the ¥orela ...~._.....P 1D 111_ aDd "ILOBIS'I" 18
japt..
"4'& by eo.mc:i.laan Stokes, sec:-od"'" by CouDe:l.bIaD Green to .Pr·..··
.,.11cation øc-Sl,ISS.l.
Ø!S:
-.s:
eounci1DeD Fitzgerald, !'roUch, Green, Stokea, Mayor 1foel
lIone
Motion carried, S-O
19. Applica::~~ HC-51,230.1 of George Meu, Architect, for arc:bi-
tecture ~: screening for air c:onditioning units for PV Harlr.et
locate¿ a: the southwest corner of the intersection of
Homestu: ~oad and Saratoga-Sunnyvale Road. Reco_ended for
approval.
Colored sli¿eo ~f the building ~ere shown. Mr. Ceorge Keu sa1ct
there was a~ è~gineering error and it was disco~ered after the
building ~a. :~ilt that additional air conditio~ing equipment would
be require¿. :~e roof line is at 18' and the ~.it extends 6-1/2'
above tha:. :,:¿ üaterial ·.ill be stained to !:atch the concrete
building. .~è~ asked, he agree~ tbat it could be placed on the
ground bu: :~~: it would take quite a bit of space.
B-Control C~ittee Kember Ryner said the Cocmittee was quite
concerned a::~: the cooling t~.er, but it has already been installed.
It was di.~:~¿:e¿ by the City Staff.
Both Coun~i:=¿= Stokes and Fitzgerald said this sort of thing has to
stop __ per~a~5 ~ith this application. They asked the Staff if it
vas possible :~ get a permit to put sometbing like that on the roof.
Public ~or's ~irector Yarborougb said it was spotted by a field
person; t~e City was not aware that it vas being placed on the roof.
Councilman >:~.es said there must be a more acceptable solution tban
vas present"':.
Kaved by Co~~:iloan Stokes, seconded by Councilcan Fitzgerald to refer
applicatic= 3:,230.1 back to the H-Control Comœittee for a possible
alternate s~l~tion.
AYES:
JIOES :
Coun~i~en Fitzgerald, Frolich, Creen, Stokes, ~yor Noel
None
Motion carried, 5-0
·
~tes of the City Council HeetinS, May 3, 1971
:zo. "view of fiaal landscape plans for Del Oro Construction
eo.pany for S4-unit aparc.eøt ca.plex loc:ated at 10375 -
10465 Mar! Avenue. Or1&iDal applic:ation 358-HC-68.
lec. ended for approval. (1~a.ea conditions appealed by
applicant.)
,;
CD1øred slides of the ca.pl_ _ ~layed On the screen by
... Director of Public Works. !lie probl_ has srisen because
".. . vas an eITQr on the site pJ.D (pøvisiotl for sidewalks,
_h and gutters oaitted). As. ~t, the landscaping area
.... been drasti~ally reduced.
Ik. Carl W. Rula:>d, 249 Copco ~, San Jose, said he is tbe
~ and dn·e:,¡:,?'!r of this p~ua-&L7. the arcbitect failed to
take into co~s_!sration the City t.prcvements. Mr. Haaland said
be vas very ~u~~ i~terested in .1viDa this area the best land-
scaping trea~::t possible under the circUIIIStances. !!is objection
centered arcc=-! :~¿ redwood raised planter boxes required by the
~trol C~:::¿¿. He felt the plan he presented ~~uld give an
uuobstructeè ::::¿ ~f site from the buildibgs to Mary Avenue; the
boxes would ~rs~:¿ a visual barrier. He also felt t~e raised
planters coc:¿ =~ a hazard to tbe cars.
There was sc=¿ i:sc~ssion of the setback alon~ ~~ry Avenue.
Councilma~ Gres:: said perhaps something else could ~e done with
rbe paved area. ~:s concern vas that Mary Avenue ~i:l be r e of
the major s:ree:s :eading to DeAaza Auditorium. The Direcl~r of
~lic Wor~s s_f;ss:ed two driv~ays to Marv Avenue a~j the
el13inatio:: :: :~e iriveway in ~uestion. Xarro~inb i:~~ t~is
driveway ~~~:i :~s: ~ake it more hazardous for the ¿rivers.
~ed by Cou::::::a:: Stokes, seconded by Councilman Green to
return applicate::: 358-HC-68 bac~ to H-Control.
Motion carried, 5-0
1'AJDtS A.~D RE'::-¿-\.:¡0X COMMISSIOS
21. No Meet i::._
VATEJl CO~I1S;::~'i
22. Hinutes:: ~eeting of April 28, 1971, not available.
LIBltARy CO~IS;::0X
23. Submissi~ of Minutes of Meeting of April 20, 1971.
CC-84
Page c¡
358-HC-~8
retur:1ê': tl
H-Contr~l
.:c-84
?qe 10
:lt1zens
;oab
:ie1d Trip
-
of the tit! ~CU MeetiDI. IÞJ 3, 1971
CITUDS Q»J.S wra&& I'¿
... JIø 1IIDut- Sllllldtted.
1(_.,
> ,......t far L.. I }rtat1oD ~ for field trip.
, '... _1-0* "'-f. - of CIIpI!rtIBD CitiZens Coals ec-1ttee
> $30 tD r.- a baa for . ftaW ~r1p for the ec-1ttee to
.... Jåw-t-=-- 110-... projecÞ v1tb111 Santa Clara COID1ty,
.. _~... by Oc.
<'- Stoltes, .-<..../1.... by eouncilJaan Fitzgerald.
.-as:
...:
Cound1Mlt Fitzgerald, Prol1ch, Green, Stokes, Mayor Noel
lIone
!lot ion carried, 5-0
PCR.1C HEARINGS
&..~ by Coun::~-:~-: õ:o:'es, seconded by CouncÜ",an :itzgerald to hear
i~ 26 (a) &~ :: ,:' together.
~tion carried, S-O
26. (a) Ap;::"~:::-: 5-Z-71 of Wilbert D. Silva :"r rezoning 1.22+
acriS ::~ A:-¡) (Agricultural-Residenti~: 5ingle-Family-
One-~::' :::5\ to Rl-7.5 (Residential ~i~?:e-:~~ily 7500 sq.
ft. :::, ' õ~id property is located eas:or:y of and adjacent
to =.:: L~. approx~tely 200 feet s"~:~èrly of the
intf:sf::::~ of Bubb Road and Krzich PIa""'.
(b) AP':::~:::-: ~-~-71 of Wilbert D. Sil~a :"r a Tentative Map
to '::-c::¿ :,;; acres:!: into three pared,. Said property is
10c.:.: i.s:erly of and adjacent to Bu"~ Road, approximately
20C :¿¿: ;,:::i...rly of tbe intersection ,,= 3ubb Road and
Krz::' ?:.:i. Recommended for approval.
P~ing Dire:::: Õ:5< referred to his Staff Report. A preliminary
4!~sion wi:: :~ ::o~ Control District dete~i~eJ that a fee
cIe~cation to ::.e "::;: of the bank" line would be required as well as
_ additiona~ :õ· f.u..",.mt. The Tenta~ive Map "as ""nditioned based
ora ~his unders:~: ~ (Condition IS). Recent c"rres."ndence has
beea received ::~ ::e Flood Control District rèc¡uèsting that the IS'
~iously tc :~ ::::~ed in an easeaent be included in the fee dedi-
ca~ion and th¿: ~::f Extensive field vork be completed to more
accGrately 10.:&:< ::.. "tor of the bank".
.
.
.
~~.s of the City Council Keeting, May 3, 1971
If ~ District's request is caaplied witb, Parcel C's size would
.. ~ below tbe required 7500 sq. ft. for an R-l lot. Additional
... don with the Flood Cootrol indicates the Flood Control
"~t is DOt acIaaant about their request and would accept 15'.
.....>..l1loel asked for c:~ts frea the audience. There were nODe.
. '
"_.1J by Councllaan Stokes, sec:ODded by Councilman Fitzgerald to
.1 r the Public Bearings.
ØIS:
-:
CounciX-n Fitzgerald, Frolic:h. Green, Stokes, Mayor Noel
Rone
Kotion carried, 5-0
~.ð4 by Councilcan Fitzgerald, seconded by Councilman Stokes to
approve applica.~~n 6-IM-7l with the conditi~n th~. ther~ be a
IS-foot ease:e~: to Flood Control on the Tentative ~p instead of
Dedication.
AYES:
HOES :
Coune: >..~ Fitzgerald, Frolic!>, Green. Stok.,s. ~yor Noel
None
Motion carried, 5-0
27. (a) Aprea: of Jason Chartier r~questir.~ r.eversal of the
Pl¿~~:~; C~=~issior. Genial of ~?pl~~3tic~ ~-Z-il for
pre:::::-.~ of a?t>roxi=at~l:: 1.55 a:rf~ fr.';.: r..,u~1.ty CG
(Ce~<:3: Co~ercial) to City CG ~(.~r.erai (..~~cr,ial).
Sai¿ r:operty is located on the southerly side of
Ho:c5:ca¿ Road, approxi=ately 500 :cet ~est of Stelling
Roa¿.
(b) Recc::endation that City Council request Couaty to
cha::~e zo:'le re: Appllcation 6-Z-ìl. Jason Chart:er, and
to i~itiate prezoning in Cup~rtino c~~fcrci~~ t~ ~stcr
Plan. ~c~estead Road vest of Stelling Road. (continued
free Arr.il 19, 1971)
ØoYed by Cou::cii::an Fitzgerald, seconded by Councilman Stokes to
discuss items ,a' aad (b) together.
Kotion carried, 5-0
CC-84
Page II
Public
Bearings
Closed
6- nl- 71
Appro':ed
with
Conditions
Public
Hearings
Closed
.
.
Minutes of tbe City Council Jleet1Dg, Kay 3, 1971
'!be City Clerk said a letter of appeal baa beeD rec:eived fr_ the
applicant. the llannina DireCtor displayed tbe plot plan whic:h
........N!d uses of the propeny 111 the area. '!be applicant baa applied
for ---tiOl1.
!be p1ann1na eo-1ssioD rec "eel the ,roperty DOt be ,rezoaecl to
City CG, and further re~ tell that the City Counc:ll initiate pro-
ceediap to prezone the ,....._ty in accorclanc:e with the Cupert1Do
General Plan and to reqaeat thiat the Board of supervisors change the
zoøillg 011 the property to c:oofora with the prezoniDg of the City of
Cupertino.
Mr. JaSOD Chartier, 1627 Bollenbeck Road, Sunnyvale, reviewed the
presellt uses of the property in the area. He said City suff
members approached hiœ first about the annexation. He said he C:SD
develop in the County -- he bas all the utilities. After the City
approached bim, he made application to annex - prior to tbe new
Ordinance. He is ready to build at this time and prefers to do so
within the City because he wants to have architectural and site
control o~er parcels A and B as well as on parcel C, where he plans
.0 move hi. ~USlness. He bought this property with this in ~ind.
T:~ere is c~~~ercial zoning around this property. There is a high
noise le~el from the P. G. ó E lines, which nakes it unsuitable'
for R-I ¿e~elopment.
~r. Frank ?anneck, 868 The Dalles, Sunnyvale, said he is planning to
build in this complex.
~r. R. D. ~:enitzer, 100600 Phar Lap Dri~e, Cupertino, r,~inded the
Council t~a: h~re we are ge~erat~ng s~e more co~crcial property
when we al~eady have so ?uch undeveloped cû~ercial property.
Mr. AIr ~:~:ne. 10385 Prune Tree Lane, Cupertino, said he can't see
this prL'i'"r:y developed as R-I because of to,e transmissio,," lines.
~r. Charlos 3rL'wn. 1466 Ben Roe Drive, Los Altos, said he plans to
!'love his "S.:uba Duba" retail establislunent here fro" the present
location ~n £1 Camino Real. This is an ideal s~all business location.
Moved by Councilman Stokes, seconded by Councilman Fitzgerald to
close thc Public Hearings.
AYES:
NOES:
Councilmen Fitzgerald, Frolich, Green, Stokes, Mayor Soel
Sone
Møtion carried, 5-0
·
..
K!Dutes ~f tbe City Council MeetiDg, ~A! 3, 1971
Øoved by CouncilaaD Stokes, seconded by Counci!œan Fitzgerald to
reopen the l'ubl1c HeariDp.
&115:
.oIS :
CoundlJleD flupralt1. lrolicb, Green, Stokes, )layor Noel
Kone
JIDe"" r.arried, s-o
'!be City Clerk nail &be 1atcer frÒa Mr. Edward Hoore, P1aøDiDI
Officer of the City of' L"Wale, request1ng denial of tbia
."l1cation.
lIoved ~y Coundx.aø ftcapralcl, .~condecl by CoundllllaD Green, to
close the l'ubl1c IJear!DaS.
AYES:
NOES:
Councilmen fttzpralcl, FroUch, Green, Stokes, Mayor Noel
Sone
JløtioD carried, 5-0
Council::an Fitzgerald vas c:mcerned that :he prl"pert; is going to
develop in the County without the City ,~ntrols. and ~as in favor
of appr~~al of this applicatlon in lieu ~: rrezoning. Councilman
Frolich n~ted that the zoning is there. C~uncil~n S:o~es agreed
vith Mr. ~~re of Sunnyvale. He said he ~~uld be entirely in
fåvor 0: this if the entire portion ~as :Oeing develope¿ at this
time. He ,,~uld like the appli"'lnt t" ~,' ~a,~ and put ::-.e ...hole
package t~gether.
Council::an Fitzgerald sUCgested the stö:: loo~ at surr:~n¿in~
properties and other plac:es in the City ,,~ere this situation
exists. Perhaps we shoul¿ prezone the pr~perty.
Hoved by Couacilœan Fitzcerald. seconded by Council~n Frolich to
approve application 6-Z-il.
There vas some discusslao of the motion aad it was ...ithdrawn.
Hoved by Councilman Stokes, seconded by Councilman Frc:ich to
reopen the Public Heari~5 and postpone the application to the
next regula, ceetiDI t~ e---able the stai! to contact the applicant
and other property ovn~5 in the area, "ith the possibility of
annexation of the entire piece of property.
AYES:
NOES:
Councilmen Fitzgerald, Frollch, Green, $tokes, ~~yor Noel
Sone
Kotier. carried, 5-0
CC-84
PalO\e 13
Puhlic
Heach.gs
Reopened
Public
Hearings
Closed
Public
Hearing§
Reopened and
postponed
c:c-84
Page 14
,
'.~ " ,
~. <
~.t:
..111.. d
f Grdt ... -
110. 4Ð
First
leading c;f
Ord 1.na::ce
No. ~
First
Read lag ,:;!
Ordi~e
!'o. 485
.
.,
Kinutes of the Cit)' Cøaøcl1 !leeting, Hay 3. 1971
lIay!lr Moel called for a race.. at 9 :35 l' .K. The ..etinl re_enecI
at 9:50 P.K.
ClDIUIICIS
21. lint rudiDI of arab..... 110. 483: "AD Ord1"-- of the CUy
of Qlpert1.Do IaCI' - .. 25 Ifile Speed Lillit to 30 tit. JÞu
IIov OD 11111_ .... fna Stevens Creek Boulevard to s~ 1:.
City Uaita LiDa.· -.... b)' Mayor Roel.
...."ed by Coanc:1laaD 5t....... aecoaded by CouocilaaD hol1c:b tbat:
OrdiDallc:e Wo. 483 be r.... .., title only and that the Mayor'. r"'1DI
_titute the Fir.t ._~...
AYES: Councilmen ProUch. Green, Stokes, Kayor lloel
»DES: lone
ABSENT: Councilman FltzceraLI
Motion carried, 4-0-1
29. First reading of Ord1:1anc:e No. 484: "An Ordinanc:e of tbe ':1ty o~
Cupertino Reorganiziac the Depts. of the CHy." - Read by ~yor Noel.
Moved by Councilman Stokes, seconded by Councilman Green that
Ordinance So. 484 be read òy title only and that the Mayor's reading
constitu:e the First Read~.
AYES: Cc~~cilmen Frolic~, Green, Stokes, Mayor Noel
1roES : Xcae
ABSENT: Councilman Fitzgerald
~~ti~ carried, 4-0-1
30. First reading of Ordi~~ce No. 485: "An Ordinance of the City of
Cupertino Amendiag úr~inance No. 47 (Revised) to Inr.re~se the Time
Withia ~~ich a Final Subdivision Map May be Filed and to Provide
That a Certificate of Deposit May be Used as an Iøprovement Bond."
- Read by Mayor Noel.
Moved by Councilman Stokes, seconded by Counci1can Green that Ordinance
Foo. 485 be read by title, only and that the Mayor's reading constitute
tbe First Reading.
...YES:
~Õ()ES :
Ccuncilmen Fltzger..l.d, Frolich, Green, Stokes, Mayor :;oel
Xone
Mot~ carried, 5-0
.
.
.
.
Minutes of .he City Council Meeting, Kay 3, 1971
JIESOLUTIOXS
31. No. 3062: "A Resolution of the City Council ('If the City of
, ('upertino Allowing Certa1n Claims 2nd Demands Payable 1n the
lAIIUDts and frOla the I'uDds 8S Hereinafter Desc:ribed for
lia1aries and Wages for the Payroll Period Ending April 20,
1971." - Read by Treasurer Frol1ch.
lIIwed by Councilman Stoltes, seconded by Councilman Fitzgerald to
8dOpt Resolution No. 3062.
AYES:
.0£5:
Councilmen FiLzgerald, Frolich, Green, Stokes, Kayor Noel
None
Kotion carried, 5-0
32. No. 3~f3: A Resolution of the City Council of the C!ty of
Cuper:ò~~ Allowing Cert~ir. Claims and De~ands Payable in the
Am(lU~:. ar.d from tte Funds as Hereinafter Described for
Gener¿: ar.d Miscellar.eo',;s £X?enditures." - Read by
Trea5~:e: Frolich.
~.oved by (o~~oilman Stokes, seconded by Councilman Fitzgerald to
adopt Res~:~:ior. ~o. 3063.
AYES:
1OOES:
Co~~o:_~en Fitzgerald, Frolich, Green, Stokes, Mayer Soel
No::ë
Motior. carried, 5-0
33. No. 3::~: itA Resolution of the City Council of the City of
Cuper:òno Declaring Its Intention to Order Vacation of a
Porti~n ~f English Oak .a.)-... - Read by Hayor Noel.
Moved by C:~~cilman Fitzgeral¿, seconded by Councilman Green to
adopt Resc:~:ion No. 3064.
AYES:
lIiOES:
Co~n,i:=en Fitzgerald, Frolich, Green, Stokes, Kayor Soel
None
Kotion carried, 5-0
34. No. 3(\;'5: itA Resolut ion of the City Council of the City of
Cupertino Accepting Quitc:laiD Deed and Authorization froo
Lawyers Title Insurance Corporation.1t - Read by Hayor Noel.
CC-84
Page 15
Resolution
No. 3062
Adopted
Resolut~cn
No. 3063
Adopte,;
Resolutlon
No. 306!.
Adopted
c:c-I4
.... l'
"'olut~
110. 925.35
Adopt'"
Sutter
;....,
---.
J
e
.
JI1nutes of the C1tJ ('_~f1 Jfeeting, Hay 3, 1971
lløYed by Counci~ St....-, seconded by Cound~ J'itzsera1cl to
"opt ReaolutiOD Wo. 3066.
A'fES :
.ES:
CouncU.. a..-.-.u, !'roUch, Green, Stokes. lla70r JIoel
lIone
.tf- carded. s-o
35. No. 925.35: '"& -.-IUUOD Authoriz1111 Partial P~t of
Contribut1OD. PrOject 110. 64-1, ValIc:o Park Aa_--t
Distric:t." -.... by Kayor Noel.
Jføved by CouncU_ Stokes, seconded by CouncilJun Fitzgerald, to
adopt Resolution 110. 925.35.
AYES:
NOES:
Councilmen Fitzgerald, !'roUch, Green, Stokes, Mayor Noel
None
Motion carried, 5-0
USFINISHED BUSINESS
36.
Staff report on status of Suttcr Hill Use Pe~it and
Tentative Map.
The Planning Director referred to his staff report of A?ril 29, 1971,
in which he reviewed his, research of the tapes regard~ng these
app l1cat ions.
Moved by Councilman Grp.~n, seconded by Council~n Fitzgerald to
initiate a Hearing before the Planning Commission to institute
revocation of the Cse Pe~it for a service station at t~e southeast
corner of Stelling acd Hooestead Roads.
Amendment: Moved by Councilman Stokes, seconded by Cou:1cil:oan
Fitzgerald to amend the motion to c:ondition without prejudice,
vhich does not prohibit the applicant from reapplying.
Vote on amendment:
AYES:
NOES:
Councilmen Fitzgerald, Frolich, Green, Stokes, Kayor Noel
None
~Ddacnt carried, 5-0
·
e
llinutes of tile Cicy Coaødl Meeting, May 3, 1971
Vote on .ot1ao:
AYES:
ROES:
CouI1c:1l8er ft~erald, lrol1c:b, Creen, Stokes. Mayor Noel
None
Iløt10D carried, s-o
!fr. Jack Taylor, of Sutter Rill Develo Jllent Corporation and Hr.
To. Olson, the Qatf 011 representative, questioned tbe legality of
revocation of this çse Permit. Councilman Frol1ch said the
applicant should t~___ proceed vith the conditions placed on the
present Use Pe~t" Councilman Stokes agreed.
Tbe City Attorney ..~~ if the Use Permit is ~ot used within a
period of one year ~t .auld be revoked. There should be notice of
revocation and a pu::lc ~earin~. Mr. Olson suggested the matter
could be settled i~ ::~rt"
Mr. Robert Cavaler: stated tbat he vants to build a liquor store
on tbis rroperty. ~e ~as taken out a li~uor license two years in
a r= in ant1c1~t:':~ :: this. This !Utter ::as :e:=e a hardship
to him. Mr. Tayler sa:.d he ~ould li~e to ~e:? ~r. ea.alero get
going, and asked i: t::e applications sbould ~e separated so as
not to hold hta u;" .~ey were instructed to d:sc~ss this matter
vitb tbe staff.
37. Report on City ~~utification Fund Progra:
The Director of P.~l~c ~orks asked tbe Council te review the
''Proposed Beautification Fund Progralll - City of Cupertino",
submitted by the Ar~tectural and Site Approval CoaIIIittee.
City Manager Quinl~ proposed tbe following ameudaents:
Paragraph b.
Paragraph c.
"It viiI be self supporting."
". . as needed" rather than ". . on a montbly bas1s~
This its will be diac:ussed further at the next Counc:il meeting.
NEW BUSINESS
38. Avará of Fireworks Permits
00-84
Page 17
Sutter H1l1
Use Pendt t.
PlanniDg
ec-1ssion
\t~ it'; ,
,: "I'qø' ..
~
i
"
i
,
,
~.
Fir 1..
l'erm.ø
Ir·~-
,
I
I
I
F1 r......or &a
Ord1~e
levi_
lequ_:ed
I
f
~
f
.
.
_tea nf the City C
... ~iDI, !lay 3, un
1Ir. bsliell lludclen, .... _'11.. Drive. Sail Jose saiel ... ... ."ead.
OD behalf of the ..t.._ GIrls. Be had jut' learøecl c1lø ... b..s
.used the deadline _ -..14_,f_ auð he alrudy .... . locaC1011
lined up in front of JI1I¡.e.. ...... on Stevens Creek ladnarcl.
Be asked if the C-ft _u sboIr s.. c:~.e1on aDd ....... the
..1nbov Girls a fü PI...- -...... even though the)' ~f..'" cJ.
cleadl1ae. the City A£t.v- .,. said there is nO pron.iOll ia cJ.
Ordinance to &1ve atI'I 'I #.
lføved by Counc:1l1un Pi~._ _'1.1, sec:onded by CounC:U_ c:r-. to
arallt tbe ten f1r_ru, _Iu to the ten applicate.
AYES:
IIOES :
Councibaen FitqeraU, lrolich, Green, Mayor JIoe1
Councilman Stokes
Motion carried, 4-1
Moved by CoullcUlllan Stokes. seconded by Councilman Green to bring
the Fire~~rks Ordinance ~ :or review on the premise that there
be no fir~~orks sta~s ~~ :he City in tbe future.
AYES:
SOES:
Ccuncilman Cree:. S:c£es. Mayor ~~l
Ccuncillllen Fitzgeralt, Frolich
Motioll cdrried, 3-2
39. City policy relatiq u carnivals.
Council~~ Stokes felt thar rhe development of tbe City is at su~h
a point t~at there is :c saitable location for carnivals anymore.
The City should take steps at this time to inätitute an ordinanc:e
prohibiting carnivals v1tb±: the City of Cupertino.
So moved by by Counc:i~ S'Cokes, seconded by Counci1aan Green.
AYES: Councilmen Prolida, c:reen, Stokes, Mayor Hoel
IIOES: Counc:U.en FiuaeraU
lIot1on carried, 4-1
40. Report of City . ...í"e1ati_ ll.eviev eo.aittee
.
The City Manager report" that the eo-ittee decided to Support
Assembly Bill 813 at the ~nt tillle since they did DOt kDov what
tbe position of the '-1_ - of California Cities wouLl ....
.
.
__-.ta of :~:it1 Council n rhW. Kay 3. 1971
.. Ã by ~::.:>un Frol1ch. . "-- It)' Counc1laan Fiugerald to
. JI the ",~::a. of t'1e ,...,·'1-1_ JleYiev eo.1tt..e ar.<I to
. 1- ....t tbr s::ëf to take -.-. ....tbte action.
IIDt10a ~.1eII. s..o
~ OF C!7::!1S
Q.. City Sa::
In re~¿_; :: :be hicyc:le rally. the Director of Publ~~ Works
said :': .-:-oid be> invatipted by thr C1t~· s:aff to ensure
aafet~' ,
An n:~-, .7-: 'tbe ccsple=~o-. date under '-':::'.::' Criffenha@e=,
Xroe~~: .¡. :~ have s~i~~e~ its report ~~:~~ the class1f~-
c:at,,- ,:.;, '-'as request":_
~ DOved :' ,:.-:::~an Fr?il~. ~ec~~~ed by C~~~_::~n Stokes.
Koti= =a=~¿, 5-0
.a.1. C1 t)· :-. _- . :"=:è:1
Co~'11.:::.::..- F:.JHch hope<! ~ IU:: and t::e .i.,:icanr ccu:¿
let t:;;:·~: regardir:g ~t:IS a:.d egress .i: t"e Mc!Jo:1a¡¿'s
resta:..:.." ::: Stevens C:eù !.culevard.
Coun.::':",., ;:een anDO=~ ::15 resignatiC':1, to: !Jecoce
.ffec::'~ :~¡y 1st.
43. Rec:ot:::::::: ~y Mayor of __¡;eDda items.
Cty Manage: :'_::::lan. regardiq the Library Capital Improveœents
~ittee, ...:: ~yor Robbins of Saratoga wrOte a letter asking
bile Appor: :::: a.:.:deration of :he Library Progr.m. The City
- ~Ier's re:=endation -U k to support this on tbe basis of
_ ~ incru..>e.
... Ann A::.¡e:. !!Dnte Vista, ~... for c:ladf1cati,'m. The pro-
J -I is 2.: ...: :'undred to acc.lerate the library program. The
JLfIwary b,·::":.:::g is a separate _tter. The City !tanager recoe-
"ed the =,:.'- -il conc:ur vi.da ~ resolution but to have reserva
~ about :~e :.: increase.
CC-84
Page 19
Assembly
Bill 813
Bicycle
Rally
Clas!';! Í ~~dt i,
study
exte::::ed
McD'Jnald's
Council::.an
Gr~en's
resignation
c::.a4
~ 20
.J¡.~lerated
:.:brary
~..
:a.esolut1on
ÞlpleSted
:,:-=i
-- :':'J!~"::
~ ~ ; ::
-: ::;,er:~·
.
.
-,
:
- -.. of tile Cicy Councillllleetas, Ha7 3, 1971
........ by CouncibuD Stok.., second..", !oy Counci1llan ,roUch to
.u"~lt the leso)ution of the City of Saratoga and to adopt 8
.4..n.,- baohatlaD.
AYES: COunc1.lMn 'Fiugerald, Frol1ch, Green, Stokes, Mayor IIoe1
mal BoDe
Hation cør1ed, ~
TIle City Kana¡er asked for an Þecut1ve Ses!lion.
So IlØYM by Council:laD Stokes, se.:onded by Councilman Fitzgerald.
Motion carried, 5-0
~e Council adj~~~aed to the City Manager's office at 11:08 P.M.
Th£ :eetirg re;:~.e~ed at 11:46 P.M.
~e ~.xecutive ~esslo~ ~as called for the purpose of discussing
I ?~ss~b1e lit~¡~:'~~ on property acquisition. T~e City Counc:il
au:~c:,1zed the '::.:y ~!3::.ager to j)rocee¿ ·..:ith r.c~.:'tiatlon9 to
a:~a~re the s::-:: ,:-~?ert: adjoi~ir.g tr.e Corporation Yard. The
C1:: ~~nager ~~s :~5tructed to ~rite ~r. Sorci a letter of intent
:c :,:~de=n.
The staff ~as :~5:ru;ted to negotiate with P. G. & E. for a
?OS51~le exch~~;¿ 0: land involving properties adjoining the sites
o~ :ne Blaney A.¿~ue and the ~~ry Avenue overcrossings.
ADJOt:ïL.~
Moved by Counci:~an Stokes, seconded by Councilman Green to adjourn
the ~eting at ,':47 P.M.
APPROVED:
/5/ Clyde L. Noel
Mayor, City of Cupert1Do
MJ.~Y:
/s/ w.. E. Ryder
City Clerk