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CC 06-07-71 e e ~ 01' CU1'ErDtO. State of California ,- Torre Ave~ue, Cupertino, California 'Ie.1,"~: 2'>2-4505 KIIIU'l'ES OF THE REGtJLAlt MEErIBG OF THE CITY COUNCIL JŒLD JUNE 7, 1971 IN THE COUBCIL œAKBER. CITY HALL CUPEKrINO. ~U'ORNIA .saurn: TO THE FLAG Bajor Noel opened the meeting at 7:32 P.M. with the Salute to the F1a& --.1. CALL ~cilmen present: Fitzgerald, Frolich, Green, Stokes, ~yor Noel Councilmen absent: None Staff present: City Manager Quinlan City Attorney Adams Director of Public Works Yarborough Planning Director Sisk Director of Parks & Recreation Butler City Clerk Ryder Recording Secretary Lois E. Inwards ~ES OF PREVIOUS MEETING 1. Approval of Minutes of the regular meeting of May 17, 1971. It ¥as brought up by Councilmen Stokes and Frolich tbat on page 22 ûe second frOCl the last paragraph, ,the location of the property 1D question is Foothill Boulevard near Salem, ~ed by Councilman Stokes, seconded by Councilman Fitzgerald to approve the Minutes of May 17, 1971 as corrected. Motion carried, 5-0 « --lIICATIONS 2. Written 8. Letter from Mr. Cali to the Planning Commission request in application 7-Z-71 b~ contin~ed until June 21st. CC-86 May 17, 1~71 Minutes approve as corrected CX>-16 p... 2 . IlSaat.. of the "- 7.· 1t71 CitJ CoIIDdl lIHtiDI 7-Z-71 So aoved by Cowet1 - StoIau, MC0D4ed,by Councf1-- ftcapra1.. posCJlC1'-" to .JUlIO 21 lIDtiøD curled, s-o 18-Z-70 to be heard by aty CouDcll June Use: Written Co:=uni~rion received , filed b. Latter ft'CIII Attøne7 u.paur appu1.iDI .1 decirion on .,.U.:ae:1oo 18-1-70. t.. t t.at.. Moved by Counct1--, Sc...., "CODd" by CouncU..n ncqeral. co .et June 21, 1971 .. the elace for beering the appeal on 18-Z-70. Mohon carr:,ed, s-o c. Letter frea r8ftft.th Bott., Adainistrative Officer for the City of £1 Monte opposing any change in tbe sale. tax f~rmula distribution. d. Letter frea Maynard R. Butterfield of Cupertino, opposing a book vhich apparently has been approved by one of the scb~ol districts serving the Cupertino school area. e. Copy of a letter from Mr. Rafael R. Jimenez, Executive Direct. ,ct1ng for the Human Relations Commission for tbe City of San Jose, addressed to Mrs. June Hildreth, supporting in principle a County Human Rig~ts Commission. Moved by Councilman Fitzgerald, seconded by Councilman Stokes to receive and file the vritt~ communications. Motion carried, 5-0 3. Oral a. Request by ~.....llman for removal of items £rea Consent Calendar. There were IIOne. REPORT OF COUIICIL urusEIITATIVlS 4. Transportation Policy eo--ittee - Councilman Stokas There vas nO ...CiDI· m-tes of ti.e June 7, 1971 Cit1 Council Meetins s. P1_1a& Policy c-Itt_ ~. ... 110 _t1q. Councibaan Fitzsera14 6. IDter-Clty C:-C1l - lIaJor 1Ioe1 a. IIaJor Joel said be attended a Huun ~ghts discussion __I'. IIOthln¡ _s resolved; they were an in conflict: with OM uotber. b. There vas a pres~tation for changing of house nuabers i8 the lIorth Couui:y. 7. Lea&ue of California Cities - Mayor Noel a. There vas a Criminal Justice Planning discussion. 8. Association of Bay Area Government~ - Councilman ~roljch Planning Director Sisk attended the 3-day Councilman Frolich was unable to attend. ..eting is forthcoming. ceeting in Napa since A report of this 9. Flood Control Advisory Commission - Mayor Noel There vas no meeting. 10. Santa Clara County Water Commission - Mayor Noel 110 meeting. 11. Solid Waste Committee of Planning Policy Committee - Councilm~n Green a. The Federal Government turned down tbe request for a study on land fill, so the matter is going back to the cities to see about financing this study. b. Councl¡.an Green said his spot on this Committee needs to be filled before the second week in JUly. He said Commissioner Puetz has shown interest in this project. After some discussion, Councilman Stokes said it was up to the Kayor to appoint someone to this Committee. CC-86 rage 3 RUIII8.n Rights discussion Change of house numbers ?ropcsa: ABAG ..eeting in Napa Land fill study Mayor to appoia someone to this Committee , , ,,'':cc .. " " " - , lÌll.Dutes of the Jun. 7. 1971 City Coaeil tteetiDI '~ JÍLA1QIIRG aøassIOR 1iu....n:; - t,,"o., - . '. . ìi.::" 'F' k' , HC-51.m5.10 appr__ La¡;:!~ rev~ - 3S8-IIC-t:>8 Cv~ ~ curtis .. _tra ...u~ t~_ 358 .c " 11",,- J w/c._ -lei; n. 12. SalaisslO11 of ,'f"-- of !lay 24, 1971. . ' ."eeI by CoOIIcilmaD' Grea. 8KODded by CouncU..n Stokes to postpone wplicat1œ U-1J-71" -- of applicant's appeal of ,,_t... ~i sdOG decIsion. !IDdøD carried, s-o MCBITh;u¡aAL AND SITE uniOVAL u.onn1dEl 13. Su:.nssion of HiDutes of IIay 19, 1971. JIc comme:: from the CO'.....U. 14. A?:ication HC-Sl,015.10 of Federal Signs for sign for Trend O'fAshion located at Crossroads Shopping Center. Recommended f~= a;tprovAl. Moved ~: =~uncilman Stokes, seconded by Councilman Fitzgerald to appro~e ã.?lication HC-51,OlS.IO. Motion carried, S-O 15. A;.:ication 3S8-ftC-ó8 of Del Oro Construction Company for reoiev of final l.-A&cz~e plan for 8~-unit apartment complex, 1~:A:ed at I0375-1~6S Mary Avenue. Recommended for approval. The Dire::or of Public ~r&s showed colored slides of the site with s..e: ial emphasis 0:: the problem areas. He then reviewed the plans ~: landscape desi&D&r Mrs. Susan Manning, 7720 Meadow Court. Cuperti::.::. The cutouts vOIIld be changed to one long, narrow planti~ strip with a I1v1n¡ screen of pyracantha. Hrs. IIanning also pl£:l:1ed the use of xylo..., juniper, agapanthas, ceaDothus and Chinese ?istacb tre... Councilsan Stokes asked if 0D8 of the standard conditions didn't call fer all plante~s to De ~pletely enclosed within concrete curbs. !his vas conf~ by the staff. He also felt that the Dumber cf street trees sbøø1d be doubled. Moved by Councilman Stokes. seconded by Councilman F1tzge~ald to approve application 3~, per the plans submitted aod with the additional street trees. AYES: Councilmen Fitzpra1cl, Stoke., Hayor Noel .oes: CNncillllen Prolida, Çreen ).."otlon carried, 3-2 - lUnutes of ÙIe June 7, 1971 City Cð\lIu:i1 Meeting 16. Application RC-5l.20S.1 of Taco Bell for approval of archi- tecture. lands~ptaa. Ic~.tQI and signs for buildinS located at 10660 So. Ca. .t4JP-Sunnyvale Road. ltecxr f'llded for a¡J9roval. '!be Directl!t' of Public 110."''' d colored slides of the pre8'!nt llaildin¡ as stil 8S II ~ of the proposal. Spedal aapbasi _ giveD to the fact that die air conditioning roof apurt_ces . will be shielded. The sip w111 be in earth tone colors. The walls of the trash con~.t~ w111 be raised and a bottle brush tree wiH ~ planted bes1cJe It. ' Councilllla: :rolich noted that, according to the H-Control ainutes, the bell is free sv1uSin¡ tItIt ~ not ding. He suggested it should be aiixed 80 it uou't 8ØVe, to avoid conflictins with the Sian Ordi~~e resardins ~ sisns. Hoved by =~'~cilman Frolic:h. seconded by Councilman Fitzgerald to approve a.._i~ation HC-5l.205.1 as submitted with the exception that the ~:: :!lust not :IO'Ve. Kotion carried, 5-0 17. App::,~:ion HC-5I,25ì.: of Harold B. .agstaff, Architec~, fo app~:õ3: of site, arc~itecture, landscaping, ligh~ing, signs and ~¿e~ground uti:i~ie5 for 20-guest residential care hoc. :: be located at ~~e intersection of Foothill Blvd and Santa :~~la. Recomae~eë for approval. The Diret::~ ~f Public Worê5 s~oved colored slides of the site and a re~¿¿::ng showing na~~e of the architecture. He said the parking a::~gement has bee: slightly modified. The screen on the prope::~ line is for ?rivacy. The sign will be for identifi- cation ra::.e:" than for advenis1ng. Council~ ::"olich asked if ~e size of the parking spaces was within t~e :arking Ordina:ce. Be was told that it was. Hoved by =~~cilman Stokes, seconded by Councilman Green to ap- prove apF:::ation HC-51.257.1. UDtløn carried, 5-0 PARKS A.'"D ;¿:CREATlON COKKISSIOIl lB. No lDH:ing CC-86 Pase 5 Taco Bell review Bell to be stationary HC-5l,205.l approved with condition Colored slides & re.;~:-r ing Sign Size of parking spaces HC-51,257.1 approved 'ladpt el1sCU8sion v ..... , lliautea of the 311M 7. 1971 City Cotmdl lII.till 1fATE& CXØlISSIOII 19. IU.nutes for ...t1D& of June 3, 1971 not availab1,. The Council receiVed c:øp1a of the above..entioned aiD....... this ...tins. __.."'.. .A r---- 19A. Approval of Vater Utility Operating Budget for 1971-1972. The budget vas diacU8sed. The revenue report indicated revenue exceeds operat1ns expenses. To Councilman Stokes' question, the City Clerk said half the aaount borrowed from the General Fund bas been repaid and the other half viII be repaid next year. 1971-1972 Moved by Councilman Fitzgerald, seconded by Councilman Green to Vater Utility approve tbe Water Utility Operating Budget for 1971-1972. Budget approv d I , I " , , I ! I I ¡ Motion carried, 5-0 LIBRARY COMMISSION 20. Submission of Minutes of meeting of May 18, 1971. No comment by Council. CUPERTl:\O CITIZENS' GOALS COMMITTEE 21. Submission of Minutes of Steering Committee meeting of Ka)· 13, 1971. No com=ent by Council. PERSO~~EL BOA1tD 22. Submission of Minutes of meeting of May 4, 1971. No ccmment by Council. 23. Submission of Minutes of meeting of May 26, 1971. No comment by Council. . . Minutes of th.; June 7, 1971 City Council Meeting PUBLIC BEARINl;S 24. a. A~~~..ation 7-Z-71 of Hary Cali, Edward S, J. Cali and Harriet Cali for rezoning of 5.722+ acres from Al-43 (A&r~cultuca1-ae.idential Single-family one-acre lot~) to ¡¡-7.S ~Reaidentia1 Single-family 7500 sq. ft. lots). Said property 1s located westerly of and adjacent to lubb load, approximately 130 feet northerly of Terrace Drive. Rec-œed for approval. (See Item Nei. 27) (ContidUed frea aeeting of Hay 17, 1971) b. Applicåtion 7-TM-71 of Mary Cali, Edvard S. J. Cali and Harriet Cali for a Tentative Map dividing 7.894+ acres into 23 single-family lots. Said property is lõcated westerly of and adjacent to Bubb Road, approxi~tely 130 feet northerly of Terrac~ Drive. Recommended for approval. (Continued from meeting of May 17, 1971) Under Item 2, Written Communications, application 7-Z-71 was postp~~ed until June 21, 1971. 25. Ordering Vacation of a portion of provided in Sectioa 8320 Et. Seq. Code of the State of California. English Oak Way as of th~ Streets and High~ay, (S£e agenda It~m ~o. 35.) The !'~r¿~ter of Public ;lerks explained this was to relinqui!lh a 4-fo~: section nc lenger required by th~ City. Mayer ~~el asked for cocments froc the audience. There were none Moved :y Councilman Stokes, seconded by Councilman Fitzgerald to close the Public Hearings. AYES: NOES: ~ouncilmen Fitzgerald, Frolich, Green, Stokes, Mayor Noel Sone Motion carried, 5-0 Koveè by C~uncilman Fitzgerald, seconded by Councilman Stokes to adopt Resolution No. 3078. AYES: NOES: Councilmen Fitzgerald, Frolich, Green, Stokes, Mayor Noel Sone Motion carri~d, 5-0 \<:<:-86 rage 7 7-Z-71 postponed Vacation of a portion 0: English Oa" ^a: Resolut iO:1 307 adopteü . I....'u .. ~ - L the JUDe 7, 1971 City Council Heet1Da ORDIXA.~ . 26. SotcoDd ~ad1Dl of Orclinance Mo. 486: "An Ordinance of the City of CupectiDo .IIIUDcIina Section 1 of I)dinAnce No. 2 by Je;:lua1fy~ . Cenain E'ortion of the City of Cuperuno f~ Al-43.(qr1calcøral-lledclentia1 Sinal...flai1y cma-acre lots) ZOM Co n-7.5 (balc1_tul S1nale-ra1ly 7500 .q. ft. lots) _ei a..rod-cely 1.22 Acres Loc:at"cI luterly of aIIII Adj_t to Iabb Iø84 I.pprœf1lately 200 Feet Southerly of the luter_ClOD of labb IøacI and Krz1ch Place." - ..ad by !Iayor lIoel. 486 Moved b:r COUDClta&v. Stokes, seconded by Councilman Creen to taave Ordi~~e So. 416 read by title only and the Kayar'. readinl to const..tute the Second "'lnl. ~~.ev-" :''''~~ " . AYES: NOES: Counci~ Fltzaerald, Frolich, Green, Stoke., Mayor Noel Xo:ae Motion carried, 5-0 '.....B.. 486 Move~ =~ :~unci1man Stok~s, seconded by Councilman Green to enact Res~:_:~:~ Xo. 486. løactec! A'iE$ : NOES: ~:~~~ilmen Fitzgerald, Frolich, Cr~en, Stok~s, Mayor Noel S..::e Motion carried, )-0 ¡ Orclf....ftre 487 postpoa-d to JUDe 21 27. :::.: Reading of Ordinance No. IoS~: "An Ordinance of the ctty :; ~~~ertino Amending Section I c: 0rdinance No.2 by ~,c:~$sifying a Certain Portion 0: the City of Cupertino frum A:-.J (A&ricultu~al-Residential Single-family one-acre lot~) ::~~ to RI-7.S (Residential Sinsl~-iaoily 7500 sq. ft. lots) ::~~; Approximately 5.722 Acres, Lccated Westerly of and .~:~:ent to Bubb Road, Approximatcly 130 Feet Northerly of .¿:r~\:e Drive." . ! , Pos:;~~~ to June 21, 1971. , , t ( \ t 28. >~::ad Readinl of Ordinance No. 1088: liAR Ordin?:1ce of the City :: Capertino Amending Ordinance Tille III of the City of ~,-?e:-tino Known and Cited as the Business Licem,e Code Pro- ,.~!~ng for tbe Continued Licensing of I\usinessp.s, Trades, ::::essions, and other Activities, ~~Iether or not Conducted t:: :rofit; Establishing Sch~Jul~s for Taxes an~ Fees; ::~s~ribina ~enalties for Violation Thereof and Repealing All C,,:.il1cting Ordinances and Provisions Thereof." - Read by ~..1y~r Noel. --- - M1.:Iutes cf the Junl! 7, 1971 City Council M¡.eting CC-86 Page 9 Moved by Courcllman Stokes, seconùed by Councilman Green to bave OrdinaDC~ ~o 488 read by title only and the Mayor's Reading to constitnte the Second Reading. AYES: NOES: CcuncJlmen Fitzgerald, Frolich, Green, Stokes, Mayor Noel :sène Motion carried, 5-0 Moved ~y Councilman Stokes, seconded by Councilman Green to enact Ordina~~e So. 488. AYES: NOES: C:~ncilmen Fitzgerald, Frolich, Green, Stokes, Mayor Noel ~.:::e Motion carried, S-O 29. F::i': Reading of Ordinancf' ~o. 491: "An Ordinance of the C::~ ~f Cupertino Prohibiting PAr~!r.s ~f Vehlclcs on ~~:~::sa-Sunnyvale ?oac B~t~een Junipero Serra Free~ay \¡:_:~ 280) and a Point 300 Fe~t S~urhrrly of the Centerline ....: ~..i:,i3ni Avenue." - Read by ~!ay..,r X,~t."l. Move': =:' : :unc l1man Sto~es, seconded ¡'y C<,unr ilman Green to have Ordi::¿-.:< ~". :'91 read by titlr, "nly' anJ ch.n the :-Iayor's Rcading const::_:~ :h¿ Firs~ R~adinb. AYES: NOES: ::~ncilmen Fitzgerald. Frolich, Green, Stokes, Hayor ~o~1 ~::::e Motion carried, 5-0 RESOl:-: ::~s 30. ~:. 3073: "A Resolution of the City' Council of the City of C~,~rtino Allowing Certain Claims and D~ands Payable in the "".:~:>.ts and from the Funds as Hereinafter Described for Sa:~ries and Wages for the Payroll P~riod Ending Hay 18, H-:." - Read by Treasurer FroHch. Moved ~y Councilman Fitzgerald, seconded by Councilman Green to adopt Ãesolution No. 3073. AYES: C:uncilmen Fitzterald, Frolich, Green, Stokes, Mayor Noel NOES: :S.::>.c Motion carried, 5-0 Ordinance 488 Second Reading Ordinance 488 Enacted Orù!nan.:e 491 First Read!!!!: Resolution j073 adopted <CC 86 ~'hae 10 "nant 8510 explained Vanant 8517 re.oved Resolution 3074 adopted Resol,,~iO:1 3075 adopted Itesolution 3076 adopted - - , H1nut u of the June 7" 1971 City Council Mttetina 31. No. 3074: "A a..olution of the City Council of the ~ity of Cupertino AlloviD¡ Certain Claims and Demands Payable in the Amounts aød froa the Funds as Hereil~fter Described for General and lUac.llaneous Expenditures." - Read by Treasurer Pro11cD. Warrant No. 8510 vas explained by the City Clerk a. an old claia against the City, properly backed up by a receipt. Wa.rant No. 8517 (Plaza) va. removed from Resolution No. 307& upon request of the Council. Moved by Councilman Stoke., seconded by Coun,ilman Green to adopt Resolution No. 3074. AYES: NOES: Councilmen Fitzgerald, Frolich, Green, Stokes, Mayor Noel None Motion carried, 5-0 32. X". 3075: "A Resolution of the City Council of the City of Cup~rtino Instructing the Water Department Fiscal Agent to rr""sfer Surplus funds to the City Treasurer." - Read by ~!ayor :¡oel. Moved by Councilman Sto~es, seconded by Councilman Fitzgerald to ad~?t Resolution No. 3075. AYES: XOES: Councilmen Fitzg~rald, Frolich, Green, Stokes, Mayor Noel Xone ~~tion carried, 5-0 33: :¡o. 3076: "A Resolution of tbe City Council of the Cit.y of Cupertino Petitioning the California Council of Criminal Justice for LEAA Action Grant Funds." - Rcad by Mayor Noel Moved by Councilaan Stoke., seconded by Coun~ilman Green to adopt Resolution No. 3076. AYES: NOES: Co~nci~n Fitzge~ald, Frolich, Green, Stokes, Mayor Noel !ione Motion carried, 5-0 MInutes of the June 7. 1971 City Council Heeting 34. No. 3077: "A Resolution of tbe City Council of the City of Cupertino A1loviag Certain Cla1ll!. and DelllaDds Payable in the' Aaounts and fro. the Funds as Hereinafter nescribed for Salaries and W..~ for the Payroll Period Ending June 1, 1971." - Read by Treasurer l'roH,ch. ØØ9ed by Councilman Stokes. seconded by Councilman Gre'n to adopt ".olution No. 3077. . A'lIS: ROES: Councihlen Pitzgerald, Prolich, Green, Stokes"Mayor Noel None MOtion carried, 5-0 35. No. 3078: "A Resolution of the City Council of the City of Cupertino Ordering Vacation of a Portion of a City St~eet Pursuant to Section 8320 Et Seq., Streets and Highvays COQe of the State of California." This Resolution was covered under PUBLIC HEARINGS Xo. 25. UNFINISHED BUSINESS 36. Staff report on Local Improveme~t District in the vicinity of Sunnyvale-Saratoga Road and Stevens Cree~ Boulevard. (ContinueJ from meeting of May 17, 1971.) a, Resolution No. 3081: "A Resolution of the City Council of the City of Cupertino Approving Project and Appointin Engineer and Attorney Subject to Receipt of Petition.... - ~ead by Mayor Nr~l. The Director of Fublic Works explained, per tbe City Council instructions, the proposal fo~ the creation of an assessment district to con~truct and improve the streets northerly of Steven Creek Boulevard and westerly of Sarat~~~'~unnyvalc Road has been furtber reviewed and additionai tnformatioa accUDul3ted vith re- lard to the feasibility of the project. Representatives of 74% of the property are ag~eeabie to this 38.c...ent district. t.provements vould include: Construction of Pavement, Curb and Cut!!!,. (S1deva~!t constructio deferred until development of particular parcels, excapt that sidewalk vould be constructea along the westerly ·side of Street "A" adjacent to the existing apartments and along the nortberly .ide of Stevens Creek Boulevard where it wo~iJ be of value at this time.) All costs would be borne by tl,e district vith the exception of overlay required on esisting portion of CC-86 Pale 11 Resolution 3077 adopted LID vicirÜ ty of SCB ~ Su~~yvale- Saratoga ?oad c::c-e6 l'qe 12 Assessm.æ:nt Distr1:: discuss ~:>:1 . WI' . !Ii_tes of the JaDe 7. 1971 City Council Keetiq Saratoga-Sunnyvale aøacI which ly $15,000.00 gaa ~ funds.) 111 the 1971-72 bwlaet. would be at City expense. (Approx1aate- Proposed expenditure is included Acquisition of .ee...."' IUght-of-ay and PayMnt for Iaprov..nts severed Tberef~·. All C08ts assumed by dbtr1ct. City to adaiDi- eter concl_tiOD or __rcise eminent doaaiD proceed~ aø4 sare_nts for dåþOeitiOD of surplus property to adjacent __re where it _y be possible. Installation of ~..s.ry Underground Utilities for FUture »evelopaent. This will all he at district cost. Uncle~rounding of Pacific Gas Overhead Lin~; ~n Saratoga-Sunnyvale Road only. Eattœated cost is $126,000.00. ($42,000.00 by City ':rOll P.G.& E. allocation and $84,000.00 by district.) 51~n~lization and Channelization Modification on Stevens Creek Boulevard at Intersection with New Street. $~6,OOO.OO to be bOlue by the City from gas tax funds. Proposed £xpenditure includftd A~ 1971-72 capital improvement p.ogram recomœendations. Storm Draina~. On-site storn. drainage to be paid for by district. Off-site sections of storm drain system required which are part of the master sto~~ drain lines would be paid for froc storm Jrain fund~ City cost: $29,500.00. Total City Contribution: Paving, curb & gutter (gas tax) Undcrgroanding (PG&E allocation) Storm Drain (City fund) Signals & Median construction (gas tax) 15.000 42,000 29,500 46,000 $ln,5~ The Director of Publi: Yorks said the creation of a new street intersection would b2 of great benefit to traffic circulation in the area and vould provide a more satisfactory location of a signal control at t~is ttae. Previous traffic studies s~bstantiate this. In addition. the t.provements wbich would be provided on Saratoga- Sunnyvale Road would greatly improve the capacity and enhancement in that area'. He displayed an aerial pbotograph of the area in . question, showln¡ the proposed new street and signalized ~ntersections, Counci1œan Stoke. asked if Mervyn's is agreea~le to this. The Director said Mervyn'. has tentativel¡ agreed to go along with the signal at Stevens Creek Boulevard; bowever, they would have to re- construct their parking lot. Councilman Stokes requested vritten a¡reement to this proposal frOll Kervyn's. He Ø!"l<ì questioned vhether the taxpayers' _ey should be spent for the overlayø.ent on Highway 9. The Director of Public Works said ve wil!' approach the fotate for aone)' 011 thie. ,., - Ø1nutes of the June 7. 1911 C~ty ~ncl1 Ke~tln¡ councilaan Stokes then _teel ~o talk about zoniDI. Br. felt that we are nowber~ near read¡ !or this assessaent dist~ict since the bad use Is not def1øect as yet. He vas In favpr of UDdersrOllDCf otllit1es in are.. ~ developed rather tban UDde...l~ pro- perties. If ·iervyn's vt.ll participate he sees nothiD8 vr.... witb tbU proposal. 811 _101 :like to have this acc:napl1sbecl witb DO coat to the tupayed. COuncil.en Fitzgerald aDd Creen are oe.bers of tbe UDderaroundin¡ ·C-ftcee. A oap of exiat1::¡ areas needing undergroUDdiD8 is in the process of being prepared. Tbe Planning Director said Dr. Brown's proposal of a sbort t1lae 810 bas died. Council&an F~:zgerald asked why Dr. Brown vas not joining this particular assess:e~t dist¡ict. The Plannin& Direc- tor did not knov. Counclloan Frol1ch Stl:gest~ cc:¡tinuing this discussie-:: ~~ ..'hen it coaes before the Counti: again there should be s~e a~:e~tive as to the signalizatio~ C~ Ste~ens Creek Boulevard, loca~ion of the nev street, where ~~e :~~¿s will cnme froa. etc. C~aciloan Stok~s also Hants a report :-:". ?roposed Street II a!ld Sarat~ga- Sunnyvale Road. Mayor S~: .culd like to learn i: t~ere is .ny possible ~ay of getti:¡g p:~ce¿ Development In here. It seeoed r~otc t~ the Cuuncll a-~ :~~ Staff. t:C-86 Page 13 Zoning d1scusoiaG Undergrounding discussion Dr. Brown's proposal :'as died Al terr..a: i ·:es reGueste¿ 37. Report on City Sea~t~:ita:ion Fund Progr4C. metting of May Ii, l~ï:ì (Continued from Beautiflca:lo~ Fund Prot:' a=. The Director of Public Äor,s referred to the Proposed Beautifica- tion ~~aè PrograD suboi::e¿ :y the Architectural and Site Ap?roval eo..ittee. There vas soce ¿iscussion of tbe schedule 0: daaat!on The City ~anager said t~e :i:it was set to avoid baving t~e Fund used for ad~ertising purposes. Councilœan Stokes ask~: tbe status of l~ndscaping o~ Stev~ns Creek Boulevard. H~ saio! :'e vas very disappointed in :;he land- scaping on $t2vens Creek 3o~levard east of Highvay 9. The City Manager said the Beautification t'Und Progr_ will be a aeneral fund rather tnan a revolving fund pToject. He offered twO _odments tc tbe proposal: Para. c would be ".. Deed~" rather than ". . . on a _rhly basis. .... and Para. d, add the voTds "general fund". sa land§~apir t\1Bendaents to Beaut1ficatior Fund Proar- . . m-tes « tbe JUDe 7, 1f11 City c-ncil Jfeet1D& &wo0'11 ~ ,JI .,.,. by OJImc:U..n Stolr8s. J .... by Coo.mcilaan piu.eraU CO ."royc ÙI lI'opollecl'" - 1"';'-- Fund Prosr_ - City of ;;. Alerts., with 'the - -. ".ynecl by the City ..- yr. ØBS: mES: c..:1.lMD P1t·. .. .~.. 1'IED11ch, Cr-, Stokes, .)I~I' ...1 .. 1 .- ~ied, 5-0 31. .e;o.~ on acquisit10C CJf Sorci Property. , . r f I The City ~er rec_ -~.... the acquisition of tbe Sorci Property per hb -= af Kay 18, ¡971, ri:h the modification: "... within ~he aPF~£~ valuE . . .- Aocquir_ Sorci Prøpe.:~_ So 1110""" ~ Ccuncilman StøiE.es. seconded by Councilman Green. AYES: :7-=~i~en Fitzl~rald, Yr~lich, Green, Stokes, Mayor Soel SOES: ~.~ ~:1c: carried, 5-0 S::-ol BI:S:r:..>;; , Vallco hr" I 39. traffic: s~ I , I The Di~..~::~ .:i Public -=u sa:":: the traf.,c study vas recently j : co"'pl,,:"~ :: include the 7~~ :>'Verpass. Results of this study . ; :''ldica:. ==::le::s but =t 5:>¡..::..o:os. He was asking for a review t J based .:= ;£::.:.:>'s prese:1t .dl~- of development. Subs~:1&t' C:>unci:::.c S:.:J<es askd !!r. ii&::er \lard, General Manager of ',"allco of all ~ I Park, ,,-=T ~: "as necessar:r to ::.a-ve three instead of just one traffic traff1.c 5tudy. ~""õard said t:..e fir.: scudy, done in 1964 by ~olte's .t....~ office. u:èlished str_t v14~, etc. The second study in 1968 ' vas da~ :~ study tbe 1:::pa..~ of Sears. Th.. \:ilbur S.~th study vas to suhs:~:iate the traifLc: fløw, particularly in tbe area of Pruner:.:.- ~ relation to mevlcct-Packard and the Hilton Hotel. They are :~i"g to get a ~I .-.-t solution to the trAffic flev. Counci~ Stokes felt ~ .....·-ring fi= should ha". followed throug~ =1:~r tban to 3awe tiunee firms involved. &e-,_e~: :.:>r autborl1&:ioc a~~ oa?2~'lt tberefore. :f a traffic study in Vallco Park . - __tea of t!le June 7, 1971 City Council Meeting . . by Cquncit.an Stokes, seconded by Counc:1l111an Fitzgerald to ~ rize a traffic Itud)' in Vallco r.rk aDd payeent thereof. ...: ~: C:-c:1jaen Fitzgerald, Frolich, Green, Stokes, Mayor .eel .one Jfotioa carried, 5-0 . .... JDfonution report on LAFCO action of annexatiOD application "Bœer.tud 71-5". -w.. DIrector of Public Worka sdd he told the LAFCO ec-1ttee the Pre-IDa aDd ... ""1n& and ..."."-tion proc:eedi:lgS should be cODsidered coo- ---t1oa c.rrently. The prezooing will be beard by the Planning c-iss1on discnsa10c _ Monday dght. Lopin and one oth1lr h_eowner protested this. P_~. , E. an~ the Church did not protest. -1. Inforsat:o~ report on application for highway safety project Highway safety grant. project 8rant ~ Directo~ ~f Public Works said the National Highway Safety ea.a1ssion ~~. provided funds to enhance traffic safety. They ~ worked ~::h the State of Calif~rnia Office of Traffic Safety ~jects COC~i:~3tor, Mr. Donald P. Costan, who encouraged tbe ~ty of CUFe~::~~ to start a series of requests. .¡. Subaiss::~ of City of Cupertino Operating Budget for Fiscal Year 197: - 1972. (No action to be taken at this tillle.) ~ City Manager brougbt to the attention of tbe City Council that capies of the J?erating Budget will be available for approval by ~ Public. ~e also asked for an Executive Session at the end of dda _eting. In addition, he requested a study session on Monday ~ 14tb i~ the Library. 63. Jaquest fr~ Puller Brush Company for a Solicitor's pereit. ~ City Cler' said they have been check.d out and there is nO .....1_. <>pera:i=-& Budget discussi:" Executi',e study sesslor. Full..r l~ush S. 8ØVed by Councillllan Stokes, seconded by Councilman Fitzgerald. Solicitar's pet.it granted ÆŒS: -.s: Councilmen Fitzgerald, Frolich, Green, Stokes, Mayor Noel None Motion carried, 5-0 ", . 1971 City ~ -f1 lleet1q i. Ice ~ for a Solicitor's hlØt. if this is ~ _ ice crea veDðor .... _ ice CI' ia fzvnt of Cupert1110 up saiel they .... .... cbec:bcI oat ., t'- 1Il1o .."e ~ .,p' - date. J LAd heN the ftIIdor .... S, HCCllllled IIy c-dhaan ;''MII, to wltIt- ~t for Cal1for=1a Ic. Cre. for tile the aatter to the staff to eataltlh1a !tot ion ~1e4, S-4 Security ~rY~c.s, Inc., ~:>r Private ~:1IÎ.1lf59 seccn':'e: ~ :~unc1lma:': ';-:e-æn to 7~: Permit fer ;e~try Secu:::y Service. lac. ~otion :arrieè, S-O ,.recent _~:" J.a:io Stati"" ;¡:,t'P. ..oved by :;.0..:::.: ~:san StOKe>, seconded by approve :~ :..a.se Agree::e:: vit!> .....io of fIve "...r.. !tat Ion coan1eè, >-0 ,.r.._ent ....i:~ ~r:1!ied Pu~::: A:.:ount_t '-:-1971 Auè~:. audits hav. ~ done by t~~s Bra 1n the _ should kncv wb.: they pay ::r. He baa DO -:ountina firs. ':"be City M.".ger felt an - "Jas in oroSe r . : :okes, ..c:~H ~y CouncIl:a..., Green. raId, 'rolt~~, ~reen, Stokes, ~yor JOel MotIon carried, >-0 . . - ~tes of t!le .J=e 7, 1971 City c-c:1l Meeting .. . by CC¡UDCi~ Stokes, se~ . ~ by C·.)UncillDaa Fitzgerald to .....~1ze a tr~f1c study in Va1.1.cø Park .md payment tbereof. ...: ~: Counc1lam fitzgerald, 'rolJ.ch, Green, Stokes, Mayor Moel Bone HotiaD carried, 5-0 . .... InformatiOl: report on LMœ _tion of annexation application "llOIIIestUl! il-5". ~ Director == ~lic Works said be told tbe LAFCù Committee tbe ~_ing and .-.-ution proceediDCS should be considered con- ...-.._tly. T':>e .:-ezoning vill be heard by the Pla::"Üng COIIIIIIission ~ Monday .:.¡õ.:. Lopin and ooe other bomeowner ?:-otested this. P_~. , E. an: :~~ Church did not rrotest. 4.2. Informa::~: :-o?Qrt on appli~:ion for hi8h~ay safety project grant. ~ Directo:- ~= ~":lic Works sai¿ the National E:~~.~y Safety ~~~ssion ~GE :::~:jed funds t: e=~ance traffiê ;~:oty. They ~ ~oTkc¿ ~::- :~~ State of Cë:~:7-~ia Office :: :~a::1c Safetï ~cjects COê:":':~:-' Mr. Donal¿ ? Costan, who o:::~raged the =~~y ?: CUpè:::~: :~ start a 5e~~:s of requests. ~~.. Submiss::::: City of Cupe:-:i~D Operating 5~~~e: for Fiscal Year 19-: .. :;72. (No acti~ to be taken a: :::s time.) !M City Manil.fi: ::-~ught to the attention of the C:':y Cu.1ncil that cøp1es of t~. :~.:a:ing Budget ~:: be availablo :~: approval by :be Public. ~. a:s~ asked for a= ~ecutive Sess:':: at the end of ::is Deeting. :: aJdition, he r~;ested a study ;ession on Monday ~ 14th i: :~i _:~rary. 43. Request ::-~ Fuller Brush ~any for a Sol::::~r's Permit. ~ City Cle:L õa:j they have be~ cbecked out a:: :~ere is no JIC'Obl-. , 86 Pase 15 Traffic study authorized Prezonir.g and annexation discussion Highway safety project grant Operat 1:Ig Budget discussi:;n ExecutivE: stud~ sesslor. Fullp.r Brush So .øved by C~:::~ Stokes, secanied by Counc:::L~ Fitzgerald. Solicitor's Permit granted ~: Counc:::¿: :itzgerald, F:-c:i:b, Green, St:~.s, Mayor Noel -.:s: None Matico tarried, 5-0 " , , ,. ¡ J; cc 16 [.... 16 f , . f· ... I> " [ Ca11fonIÚ Ice Cr_ Solici~or's Pe..it pos~poaed Private ?atro Permit approveë KltUP L.e&Se AgrefC.~: appro·~e¿ 197G-197: Audit . . . Killllta of the JUlIe 7. 1971 City Council )laetilla 44. leqaeat fro. Califonia Ice ereaa for a, Solicitor's PeJ1lit, CouDc:ibIaD Stokes ..ked if this is the s_ ic. cr.. vendor who vaa ..UiDg -thiDa built.. ic. cre.. in front of Cup.rtino Biab School. Tba City Cluk aaid they have hean cbac:keeI out by the Sheriff's Dllpara.eDt, 1Il1o .... th_ a clean alat.. Kayor 1foel, c:onc.rned about the noise, askeel bow the vendor wou14 let tba people kDow he 18 c:o.1n¡, !loved by Counc:illlan Stokes, seconded by Counc1l111an Green, to vitia- bold tbe Solicitor's Pe~t for California Ice Creaa for the present ttae and referred the aatte. to the staff to establish controls. Motion carried, S-O 45. Request frOlll Sentry Security Services, Inc., for Private Patrol Permit. Move¿ ;y Councilcan Stokes, seconded by Councilman Green to appr~~e the Private Patrol Permit for Sentry Security Service, Inc. Kc:ion ~arrtedþ 5-0 46. A..r~val of Lease Agre~ent with Radio Station KKUP. After ¿iScU5sion, it was moved by Councilman Stoke~, seconded by Counci::an Fitzgerald to approve the Lease Agreement with Radio Statio~ ~,l~ for a period of five years. Motion carried, 5-0 47. Co~sideration of Agreement with Certified Public Accountant for Fisral Year 1970-1971 Audit. Tbe City Clerk said the audits have been done by this firm in tbe past. The City Council should know what they pay for. He has no argument against the accounting firm. The City Manager felt an annual written agreement vas in order. Annual VTitte agre.-ent So Þoved by Councilman S;okes, seconded by Councilman Green. authorized AYES: NOES: Councilmen Fitzgerald, Frolich, Green, Stokes, Mayor Noel Sone Motion carried, 5-0 . . . MiDutes of the June 7, 1971 City Council Meeting 48. Approval of Law En10rcement Contract vitb SSëriff's Ðepart- .eat for Fiscal Year 1971-1972. '''11':" ::'~" ~:'::'.' The City hanager referred to bis memo to the City COuncil dated June 4, 1971. The C1~ Kanagers of Los Altos H111s, Monte Sereno, Saratoga and Cupertino have gotten together and requested a con- ti....-":. by tbe tbe Board of Supervisors of the Contract for Lav Eaforceaent Services. Unoff1cially, they bave accepted tbe pro- posal for increase but not tbe department overhead, the inclusion ·of detective service charges, or tbe charge for asaistance to rea1dents of the contract c:1ties. Counc:1lman Frol1ch requested copies of tbe report for tbe City Council to read. , Moved by Councilman Frolicb, seconded by Councilman Green to instruct tbe City Kanager to convey tbe Council's feelings to the Board of Supervisors regarding the Contract fot Law Enforcement Services, per tbe City Manager's aeco of June 4, 1971. Kotion carried, 5-0 CO¡¡S~J. CALENDAR 49. "A Resolution of the City Council of Authorizi~g the Execution of an County 0f Santa Clara and the City of Street Haintenance Program. II Resolution No. 3079: :~e City of Cupertino .~re~ent Bet~ee~ the :~;~rtino Relative to 50. Resolution ~o. 3080: "A Resolution of the City Council of tè.e City of Cupertino Accepti~g a Grant of Easement for Roadway Purposes from Heasurex; Approximately 0.225 Acre Lccated on the ::orth Side of ~IcClellan Road, Westerly of Bubb Road." 51. A:ceptance of Municipal Improvements: Hervyn's Department Store, South side of Stevens Creek Boulevard in the Crossroads Shopping Center. Moved :y Councilman 'Stokes, seconded by Councilman Fitzgerald to approve the Consent Calendar. Kotion carried, 5-0 CC-8b age 17 Law Enforc_ent contI act discussion Copies of repor requested for Councilmen City Manager to speak ·"1th Board of Supervisors <;treet maintE':1;:.......ce agre.::r:ì.":õ:. ~ -..;. r:-I SCInta C¡a.~ð !>Ieasur~x G:-a:1t. of Ease"'e~,: Mervy,-¡'s Munidpa: Improveaec.:~ . . l1Dutes of the JUDe 7, 1971 City Council Keettaa 18 ::r Grading on Foothill Blvd A&S Chairman Ryner's statement FootbUl "'pt. .od1ficatlon approved BEl'ORT OF onIcas 52. City Staff There were nO ..e¡ÞO(u. 53. City CouIIc11MD A. aecreat10D røsr- CouncibRan Stokes asked the Parks and Recreation Director about tbe recreation prograa. Be vanted clarification of what San Jose had going at the Cupertino schools, what tbey are e1Ü1lDating, and what of the prograa is left. The schools he was particularly interested in were Regnart, Joll,.an, Kennedy and Killer. a. Grading on Foothill Blvd. In response to questions raised by tbe Council about the grading on Foothill Boulevard at the Foothill Apartments, the Director of ' Public ~orks placed the plans on the bulletin board, explaining the site plan was appro·~ed. At the time of approval it ..,as recognized th"r" ".... a gradlng prabl"",. A proÜle drawlng was placed on the board. The array of the buildings on the site was as the plans indicat"d, but the roof lines have changed to a hip type. Mr. La~rence Cook, ~09 Alberto Way, Los Gatos, was present to repre- sent the architect's office. He said there i~ a discrepan~y of fiv~ fe"t on plan 33. They had discussed their critical pads with the Director of Public "orks and the Chief Building Inspector and as a result they dropped the pads. These buildings present a very small degree of obstruction of view. Chaircan Ryner, of the Architectural and Site Approval Comœittee, said he ~as concerned about the number of things of th'cs sort happening in the City of Cupertino. He asked why we are not checking these things before they are coapleted. The architect said the property owners were not assured of a view. Councilman Stokes said the applicant made a proposal to the City and then changed it. Tbe architect agreed it was their lIistake when they changed the roof lines, and he was sorry. MINUTE ORDER Moved by Councilman Frolich, seconded by Councl1man Fitzgerald to approve the Foothill Apartment coop lex , subject to new plans submitted. Motion carried, 5-0 · . IUDutes of tbe June 7, 1971 City Council Keeting CC-c!6 Psg. 19 'ad'ing . Ord~,nance C. Parking Ordinance Counci1aan Frolicb vould like to bave tbe Parking Ordinance re- viewed vitb tbe tbought in aiDd of changing tbe parking stall size back to 10 X 20 feet. D. Produce Market CouncillDan Frolich was very sucb concerned about the signs On the produce market on Highway 9 and Mariani. E. Plaza ~ree Bases There ~as a discussion of the tree bases and the status of the plaza. The City Manager was instructed to research the file o~ the height a~= ~aterial of the tree bases and why and when they were c~a~ge¿ :rom exposed aggregate to aging steel. The City Manager said ~e ~ould ~ave the~ ta~cn out and stored in the corporatio~ yard until the matter is resolved. Produce Market Plaza tree bases Cuperti~o SCE'oe In the next issue, Council~a~ s~c~esl co=?li~entary coupon for the ?~r~ose t~e Citizens regarding Cupert:~~ I F. Cupertino Scene The pages "f re cot numbered. would li~e :: ~a~e ir.cludec a of,getti~g ~:~e feedback from Scene. G. Aparraent Complex on Blaney Council~r. Green said there is a safety hazard and at times it is impossible t: =rive do~~ Blaney In front of the new apartoe~t complex un¿er constructio~. Tbere is no place to walk bet~een Stevens Cri'è'~~ 3.Julp.vard a::¿ Price Avenue on Blaney Avenue. !-!e reccmmende¿ s~ething be done imcediately to cnsure safety in tbat area. :~e Dire~tor of Public Works said he would again ta~e this up ~ith the contractor to put some oil down to keep the dust down. Coun:i~an Stokes suggested working out something on the East slde of the strcet rather than the West side. H. Linda Vista Park Lake CounciI=an Fitzgerald asked the status of the Linda Vista Park Lake. The Director of ~~blic Works said it would take $5800 tc complete the i:provements. Apartment complex on Blaney Linda Vista Park Lake f œ-a6 . Pap 20 Ddaza ...,. t.ecc_ fI4 CGII&u...... .. CøpercÚD lecreadal f !SalldiD& I i DeA:1za 31vd Little L~ague e e lUnute. ~f the ..- 7., 1971 Cit;1 Counc:11 Knc1Dl I. IleAnza!)eys Mayor Noel vas sc D-a..,. ~. and he vas very auc:h illpreaseð vich cbe crowd c:oncrol - chere vere about 30,000 people there. Councn- Stokes Tee:' ""eð tbe City aend a lauer of c:oaarsculaUona to tbea for a job ve1.1 4oae. J. Cupertino lecTeation Building a coaC of paint and ~ new sip 011 cbe Cupercino It is a real eye~ore - across from the FlinC The Rec:~eation Director said this is one of be accomplisbed this summer. Mayor Noel suUesteð Recreation building. Memorial Auditorium. tbe first projects to K. DeAnza Boulevard Mr. Duane Burleigh, ~~~ger of the Cupertino Chamber of Commerce, said he is promoting ?ighway 9 (#85, Saratoga-Sunnyvale Road) name be changed to DeAnza 50ülevard. He said the San Josc Chamber of COIIIJ:I"rc" has approve¿ it. Saratoga suggested calliag it "Old ' Highway Nine". Sun"yvale has no objections, one way or another. L. Cupertino Acerical Little League Mr. Bill Romans said ~e and Mr. Ron Martinson were at the Council meeting representing t~e Cupertino American Little Leag~e. He wanted to than" this C:>uncil and the pr~vious Councils fur the fine cooperation given to tnat organization ovcr the past ten years. He hoped their fund raising events had not caused too Duch of a burden on the City. Councilman Stoke3 said the problems were a minor influence on the enactmcnt of the new ordinance prohibiting carnivals in the City of Cupertino. He said there are no longer any places in the City to have carnivals. ADJOURNMENT Moved by Councilman Stokes, seconded by Councilman Frolich to adjourn at 10:25 PH to an Executive Session. Motion carried, 5-0 I · ., Kinutes of tbe JUliO 7, 1971 City Council Mect1t.g The aeeting reconvened at 11:14 PM. ØDved by Councilman Stokes, seconded by Counc:il~~n Fitzgerald to adjourn the aeeting to 7:30 PM on Honday, June 14, 1911 in the City Hall Confer- eace loom for tbc purpose of a budget study session. Motion carried, 5-0 APPROVED: /s/ Clyde L. Noel Mayor, City of Cupcrtino ATTEST: /s/ WIll. E. Ryder City C, H" CC'86 Pacle 21