CC 07-06-71
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CIty OF cc:~~tSO. State ~f California
10]00 Torre Avenue, Cupertimo. California
Telephone: 252-4505
JlIlIUTES or ~ JIIXõOLAR HEETIKG OF THE
an COUNCIL l1li.8 ~', 1971 DI THE COUNCIL
an BAU., uwz.ruINO, CALIFORNIA
c:a.-u--
SALUTE 1'0 IS!: FLAG
The _eti::& vas called to -.Ier at 7:35 P.Jt. by Mayor Noel vi.tb
the Salute to tbe Flag.
BOLL CALl
Councilc~~ ~resent:
Council~¿~ ~~sent:
Fitz~ald, Frolich, S:okes, Mayor r;Ce1
None
Staff rt¿s¿::::
City ~ger Quinla::
Dire<::= "f Administta::ve Services R;d£r
City A%t~ey Adams
Dlr"c::.:.-= of P"blic \\~t~S Yarborough
Djre~::= of Planning ~;sk
Dire~~~~ ~f Parks & R~~reation Butler (~::~)
Reco==~ Secretary L~:s Inwards
JoIHWTES :: :""nous }!EET:=;:;3
1. APi'::-;.i:;)f :·tinutes :.= =':e regular r:~è:i;,.g of June 21, :~7:..
Council~_~:: ::-:ol.ich had t~_.¿ ::l:cr..ing corr~.:::..:"'n ior his s:a:e:-f:=:;.t
en par,e -. ~.;:agraph 2: -~~=il~n Frol:~~ . . . setDac~ ~-
Pay less :::= :;.':oestead 3.=~ . . . noticea:-:_; trom Highlo'a:; ;. :: is
a diffe:i::: =atter.'1
Moved by :=·~:':.cilman Fitzgë=ë.::, secouded :-y C......uncilman Stc~-.s .....
approv" : -¿ ~~;:lutes of J'.;:,e 21, 1971 as COt:'",c:ed.
JoIot~ :arried, 4-0
COMMUNIU.:::X3
2. Wn::¿::
a. :t. Rav Prenderza~, Pri:loipal or S"dgwick School,
':~;:~rt ino Unio:1 S.~l District I =~-1uestlng recons :=era-
::::1 of fuuJs i~ :1'A- bcoiget for rt:..:re.1cional activ:::í"s
~~~ .:Jrca ,);: :-u~ 3õ':,1.:'nl.
cc-e9
Page 1
a:-S9
!'-.¡ge 2
::'ty can· t
:a:: for re.:c_
?~o8ram óï:
;..dgewick
:~:"1oo1
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!fU11IES OF 11lE Jt.1.Y 6, 1971 CITY COUNCIL MEETING
b. IIovard V. horne, appealioa denial by tbe Planniog
ec--ission of appl1cat10D8 ll-Z-71 and 13-U-71.
c. ~1r D. Wilsoo, Sr., requestins exeeption of a fee for
a bus,\ness license for biaaelf to IISnufactu.re and sell
candl.es. A section 1Ja our licensing code permits the City
Council to waive the usual fee for persons who, boIc:ause
of bliDdness or other pbysical disability, are unable to
ea1'U . livelihood by _ual labor. His request for a
waiver is re«:': add, as tbe sales òf these candles do
not involve door-to-door solicitation.
d. The Cav=n Development Company, Alameda, requestiog per-
missi~n to conduct a d~rec~ custo~er interest and prefer-
ence survey in our c~ity. The Sheriff's Department
d~es ~t have an adverse report oa this organization,
a~¿ a lêtter was sene to ~he compa~y requesting an
a~,<a~a~c~ b~fore the City Council t~ further explain
t:,c"r request.
e. Pe:i:i:n from Mr. Gerald McAllister, 3774 Pruneridge Avenue,
5~~:3 C:ara, signed by t~enty inliviJuals who reside
.':~i~ ~nd without ~upertino City ~,~its, was not filed
~i:~i~ :he request time limit prier to the closing of the
3~è~~~~ However, because it does ~~rtain to an ite~
c:': :::¿ J.g~nda. a copy ...as fOrW.1r.!è": to members of the
C::y :c~ncil for their infcrmaLi~n. The petition states:
"·":e. :::'e undersigned, citizens c: L'.J?èrtino, petition the
C~,<~:in0 City Council to hold a rc:c~endum election to
a:::~ :~¿ citizens to decide whe~~¿r ~r not they want a
he:<: ""ilt at the intersection'" .,'He and Prunerldge."
Z£garding :~e ?~endergast letter, Council=dn Froiich said the
?~incipal e: 5<igewlch School should be a¿v:,ed where the City
::':its are :~ ~<latlon to the School POpuld::e3. Council~n Stokes
SGid it was a very well wrItten letter -- a:: but the last sentence.
~~is is net ~::~in the jurisdiction of the City of Cupertino.
~ved by C0~n~i:Q3n Stokes, seconded by Ce~n,ilman Fitzgerald to
~~e the sta:: a3Swer Dr. Prendergast's letter, pointing out the cost
o£ administ~ring one of these programs and ip.:or=ing him that if
:~e School Jis:rict Is willing to pick up :he necessary cost, this
~ fine; but :he City of Cupertino cannot.
HDtion carried, 4-0
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m!IDl'F.<; OF 1m: .Jt1t,Y Ii, 1'171 CTTY r.ol"lCfI, 'WETT~G CC-ß9
Page 3
MØved by COuncilman Fitzgerald, seconded by Councilman Stokes to
..t the appeal on applications ll-Z-71 and 13-U-71 for the next
r.,ular City Council ~eeting.
Hot ion carried, 4-0
Hoved by Councilman Stokes, seconded by Councilman Fitzgerald, on
the basis of information submitted, to vaive the fee for a busines
license for Mr. Arthur D. Wilson. Sr., to manufacture and sell
candles.
Motion carried, 4-0
Councilman Frolich said ',asically, he is opposed to the sort of
operation the Cayman Developoent Company proposes; it is of no
real servicc to the City.
Moved by Councilman Frolich, seconded by Councilman Stokes to
deny the requ~st of the Caycan Development Company.
Motion carried, 4-0
Moved by Councilman Fitzgerald, seconded by Councilman Stokes to
file the Written Communications.
Motion carried, 4-0
3. Oral Communications
a. Request by Councl1men for removal of items from Consent
Calendar.
REPORT OF COL~CIL REPRESE..''TAT1VES
4. Transportation Policy COIIIIDittee - Councilman Frolich
So report.
5. Planning Policy Committee - Councilman Fitzgerald
Councilman Fitzgerald said there was a meetin~ the previous Thurs-
day night. The Airport Committee was established and the budget
was approved and sent 0n to the Board of S"per~isors, Ap?licat ion
ll-Z-71 &
13-U-71 set for
next meeting
Fee vaived for
candle 1II8king
Cayman Dev. Co.
request de"ieè
Airport
Conuli1i t tee:
C~IOSf'~
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CC-89
Page 4
MIMUTES OF THE .JULY 6: 1971 CITY COUli\:lL MEETI'"
for a $40,000 grant is beina made for the housing eleMent. We are
one of tbe two counties in the State eligible.
6. lnter-City Council - Hayor Noel
There vas a meetina, vhich turned out to be social because there va.
no speaker.
7. League of California Cities - Mayor Noel
No meeting.
8. Association of Bay Area Governments - Councilman Frolich
Council~an Frolicr. referred to the Planning Director'5 report of
the three-day ABAG meeting held in Silverado.
9. Flood Control Advisory Commission - Councilman Stokes
No meeting.
10. Santa Clara County Water Commission - Councilman Stokes
No meeting.
11. Sclid Waste Co~ittee of Planning Policy Committee -
COCDission~r Puetz
Commissioner Puetz was no': present at this meeting.
PLANNISG COMMISSION
12. Submlssion of Minutes of regular meeting of June 28, 1971.
13. Submission of Minutes of adjourned regular meeting of
June 17, 1971.
14. Application ll-U-71 for Use Permit to allow the constr.'_tion and
operation of a Goodyear Appliance and Service Center. postponed
froll meeting of June 21, 1971.
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MINtrrES OF T!!f JULY 6, 1971 CITY COlrnCIL ~ETING CC-89
Page 5
Planning Director Sist said tbis applicatio~ is scheduled to b~
reviewed by tbe Architectural and Site Approval Committee on
July 7, 1971.
lIoved by Councilman Stou., seconded by Councilman Fitzgerald to
postpone application ll-U-71 until tbe next regular Council
Meting.
MotioD carried, 4-0
IS. Request of Val Ice Park for amendllents to Use Permits S-U-71
and 6-U-71 granted for office buildings and hotel to be
located at tbe southeast corner of Wolfe Road and Pruneridge
Aveaue. Recommended for approval.
The Planning Director placed approved exhibits and proposed ex-
hibits in¿icating amendments on the bulletin board. The modifi-
cations rc,~~sted involves a relocation oÎ the restaurant and
first p~~$e :~er/lobby ~uildings and a redesign of the internal
traffic ,irc~lation pattern of the entire site. I: is also
requeste~ r~3t 255 rooms in the 12-floor hotel be constructed
rather r~a~ 2¡O, as previously approved. The relocation of the
first p~ase ~0tel complex buildings will permit a better integra-
tion o! :':-:í' future hotel to-....ers and the parking structure with
the ce~:ra: lobby and the revamped circulation pattern will direct
vehicle ~c~e=~nt to the Îuture signalized intersection at .he
easter~ r~:r~rty line.
The Pla~~:~g Director wanted to clear up some di~~repancies in
the stall re,ort of June 24, 1971. Sta:f evaluation was based on
an eadier ex':ibit that differed ..lightly from the attached
exhibit a~~ r~0 off-street parking require~ent for the 117,000 sq.
ft. office =;.¡lti-use building was figure¿ cn gross rather than
net fleer area, which resulted in a shorr age of parking spaces for
:~e entire ¡irst phase project. A revise¿ parking anaysis
indicates a surplu~ of 37 parking spaces. The parking structure
viii pr,~a~:y be 4-5 levels in order to accommodate the future
parking n<e~s of the uses indicated on t~e master plan for the
entirc sire.
The Plan~i~g Commission recommended arrro~al of these applications
subject :: t;:e conditions listed in the P:~nning Director's report
of July :, :~;l, with the additional co~dition of vehicular
access t: :;:e rear of the botel near the pool area.
Council=an Stokes stated the City should not pay any portion of
the cost :Î signalization at Tantau and Pruneridge.
ll-U-71
postponed
Restaurant
relocation
Redesign of
internal traffic
circulation
RcviSi"d par~in~
analysis
f'la~ning
Ci.'I::U':lission
ceL0=,,"nds
approval
cc-89
Page 6
Unit on r-;.::
cC'uld be
hazarc!ous
Inherent
problems ;.:=
relccat in~
units
Cant ractcr
unaware c.:
problem
Apartment
dwellers'
viewpoint
.
.
KIlfUTES OF .= J\1LY6, 197J. CXTr COUNCIL KEETIlIG
MalITEC'In&L AIm SITE ArrlOWAL ~IIr.4
16. Suba1ssiOl1 of K1Dut_ of JUDe 23, 1971.
17. AppliCAtion HC-Sl,230.1 of George !feu, Architect, for
arcbitec:ure for .crl--t~ of air conditioning unit,
so::tbves': corner of 1aCereection of Homestead Road and
Saratop-Sunnyvale aø.I. postponed fro. June 21st
meet~. as requested ..,. 3J'p1!c!!nt.
The Director ;:f Public Vorb reviewed the area in question with the
aid of col,,=ed slides. He .~Jed the original plan wblch vas
approved by =~e City Council. This matter was referred back to the
Architec=~r~: and Site Apprcval Committee ~hen the roof apurtenance
probl.:!J:I ar".e. The COIIIIIÍttee recommended a eoœ¡>lete enclosure of
the pro?cse~ :ence around tbe rc,)f rather t::an leaving one end open.
The archi:ê:: and the mec~ical engineer :"r the project explored
all ways :: :~oflaging the apurtenances. installing the 8-ton
unit on :~e :~ncpy could pres~t a safety ha:ard because of the
loading ~::, ~nJ the possibility of tru,~s o3:~ing Into the supports.
The H-Cco,::::: said they wou::'d prefer a natczra. ~ooo appearance on
the man5a~~ =:~f.
A=torney :, ieoert Dempster said he was re?resenting Mr. Franco
aad the :~ ~~::~et. He presented the Counei. ~ith a letter which
he said ex,:~:ned the crux of the proble~ and ~erbally went over
tne in~ere=: ?rcblems of relocating the air :c=Jitioning units.
Tne present ::cation in the southwest corner ~Ill minimize ~he
Dolse eause~ oy the unit. Heavy trucks Þac~ing up to the loading
dock cou:: :~ge the canopy's supports ~~d, thus, become a
safety !-.aur:.
Attorney ~~ster said the auilding Depart~ent, in reviewing the
PW mar~e: ,:L~S, evidentall¡ ~de a red outline of the roof
apurtenan:es en their copy cut neglected tC' do so on the contractor's
copy so ~f .35 unaware of any problem until they were ready to
iastall tn. condenser up On the roof.
Attorney ~5ter submitted pictures he had taken fr~ different
angles and ~:ated out that the roof apurtenances were only visible
from the ¡-seery apartment ~uildings at HC'=estead and Stelling,
wlth only : .endows facing that direction. He said he called on
people li~:=i in those apartaent& and found none of them distressed
by the vis::::ity of the unit~ on the roof. He said Hr. Franco
intends t" :",Üd the rest of the sho;.ping eeLter and when that is
done the co.;:ete probl.. will be eliminated. If the unit were
installed :: the canopy it would also be visible, and it would
not be as .::~cient.
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KI!lUTES OF 7111' .Jtll.Y 6, 1971 CITY COUNCTI. MEETING
~. Deapster asked the plana originally approved by the H-COntrol
... approved by the City Council at tbis 'ieeting.
COuDc11aan Frolich VIa coaceraed about tbe procedures used to
~lfy applicants of potential probless. Director Sisk said
c:op1ea. of tbe re8'ò '.uUou are aivrn tbe applicants which list all
caadltloas imposed.
Tllen vas .... UaCWIa10n _ where to place the bl_e for this
~epancy. Councit.aD Stokes said tbe Council is not trying to
place the fault on tbe contractor or tbe staff. He added that the
resolution clearly statea "no roof apurcenances."
Councilman Stokes asked the applicant if he had considered locat-
ing the unit in tbe s_e location at the other end of the building
Arcbitect George Meu said this air cond\tioning unit is different
fro. the Payle~s one, which is on the mazanine.
Councillllan St~~~s said the ~ntent is to make the roof apurtenances
as aesthetica:1y pleasing as possible. Attorncy De:n¡>ster said the
roof is hig~er at this end, otherwise r~ey could have dropped the
unit in a ...e1: ..t that location. Cotlncil1D3n Stokes said the staff
::.as been t,':~ :" watch for these things. The appl1caClt '''as noti-
!ied in ...ritjo~ that no roo! apu'tenanc~s ...~rc ~o be ~i51ble.
~~e stAff i~ =~r~ concerne~ ~ith th~ saf~ty aspects of t~p project
¡:"ou:1c¡Iaw.:-:. f:....: ich wa!. mor..:: con(_'ern~d al,,)ut f Ïth.HO\g tr.\." best
solution t.' :0,' problet1 t~" in establishing who is at fault, He
<ould see ::.- a::ernatlve ex<ept to put a f,-ncc around it at its
~resent lo~~::~~.
~x. Blake. H~~s~n-Henlo Park cechdoical engineer, i~ an5wer to
Councilm.ln ~:...';':~s' qucstio:-:., said to put thC' unit do·..:n on tþP
¡round wou:~ =..~e it lo...er than the receiver. Purnpir.g volatile
:lquid is a v~ry difficult t~iClg. They would have to dig a sub-
terranean ,it aCId install <:'e pump in it. lie could not say at
this tille that it would ...ork.
Mr. J. D. Va~Jenbos, Mr. Franco's r~altor, said they attempted to
put the unit i~ a well over the bakery. The main support beams
ar~ on 20' ,<nters, so it ~ould not go d"...n without altering the
beams. Th~y _~nsidered raising the exterior walls but this
would cr~at~ a higher overall building. They thcn considered
designing a screen in color and texture similar to the front of
tb., market. In the 101.g run, when the Ot is For~" I'roperty across
the street (...hlch is a lot closer than the apartments up near
Stelling) is !~veloped, the present location of the units would
be less visib:e to those residents.
CC-89
Page 7
~
1
Possible lack j
of COmmlnicatioi
1
~
I
Relocate at
other end of
building?
Pump vC'la t 1: c
liquid
qt:estio;'.é::;'~ê
Consider Fcrgc
propen::
~
230.1
øweI
:.r/coaðt.tJøas
~'
HC-51,:Zó.4
approved
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KIIlUTES OF THE JULY', 1971 CITY COUNCIL MEETIIIG
Counc:illlan Frol1ch __ 1D favor of continuing the vall cOlRplete1y
around the units. 1Ir. Steve Ryner, 1094 Santa Teresa, CUpertino,
Cbairun of the Arcbitectur41 and Site Approval c-ittee, said
the lIOat recent a-coøtrol approval was of the II8IIsard screen,
CouncUun Frol1ch d14 DOt think there vas anythioa to gaiD by
this last proposal.
Hovel! by CouncUlllan Prolich, seconded by Counc:1l11an Fitzgerald to
approve the earlier a-COntrol recommendation, subject to the
conditions and the fence around all four sides.
AYES:
NOES:
Counc:11111en Pitzgerald, Frol1ch, Mayor !foel
Councilllan Stokes
Motion carried, 3-1
18. Application HC-51,126.4 of Werner and Gloria Item for approval
of site, arcbitecture and landscaping for two fourplexes to be
located on Viceroy Court off Alpine Drive. Recommended for
approval.
Councilman Stokes askei if this was compatible with the area.
The staff said that it ....;:...
Mov~ ~y Councilman Stokes, seconded by Counciènan Fitzgerald to
approve applic~tion rlC-5I,126.4.
Motion carried, 4-0
19. Application HC-51,259.2 of Yuich L. Nakano for approval of
site. architecture and signs for Azumd Restaurant, Portal
Plaza Shopping Center. Recommended fOt approval.
The Director of Planning showed colored slide.. of the shopping
center from different angles. He explained the conditions placed
on this application by the H-Control. Updated plans, per the
instructions of tbe H-COntrol, were presented to the City Council,
Councilman Stokes asked vby the trash is going on the side rather
than in tbe back. The staff felt their reason was that it was
closer to the side door. There is no back door. Councilman
Fitzgerald commented that he hales to see the garbage facing Sears.
Councilman Stokes questi~ned the status of the overall landscapi~g
in this shopping center, whicb is poorly planned and poorly
Dl8intained.
·
I'
'"NlTTF.S ,,;' "'''f" .T\!T.Y ". 1971 erTY COUNCT!. 'WfTTNG
Jløved by C""o.cillllSn Stokes. __-.sed by Councilman Fitzgerald, to
postpone application IIC-51.1S9.2 until tbe next regular .etia¡.
MoUcø carried, 4-0
Planning Coaaission Cbai~ Irwin sald the~e vas a coaditiOD
;tlaced on the recently-apprøud Figure Salon application for
restrip1ng of tbe parkia¡ 10e in this shoppinK center. They
can't sem to get hold of t;he ~roperty owner to discuss tbis.
20. Appli:ation HC-51,266 of Buck Skin Den for approval of sign
for s~op in Cali Corner Shopping Center, 10066 South
Sara:~ga-Sunnyvale Road. Recommended for approval.
Since this ~3S in compliance vith the Ordinanc~, it was coved by
Councllm3~ 5:~kes, seco~ded by Councilman Fitzgerald co approve
applicati:~ ~C-51,266.
Kotio~ carried, 4-0
21. App:i;3:i~~ HC-5I,247.: ~f P. Brien ~ilson for approval of
slg~ ::: attorney's :::i:~, 20401 St~vens Creek Blvd.
Rec~==~~=~d ior app~~;a~.
Since tr.:ò '3ò in cocp~ia=:e .i:h the Ordinance, it was ucved è¡
Councilc¿~ ~::~es, seco~¿e¿ ~y Ccuncil~n Fitzg~rald to a~?~ove
applicati;~ ~~-5I,247.1.
Hotio~ ca~ri~d, 4-0
PARKS A.'\: ;"::~~ATIO)i Co~-n>'5Iœ¡
22. No =è": ::1g.
WATER CO'~:55I0~
23. Sub~iòsi~n of Minutes 0: June 23, 1971.
24. Adcp:i~~ of Resolu;i~ ca prlority of Capital Outla)
exp.?::":':'t~res.
Cr.-1I9
Page 9
IIC-51,259.2
postponed
Jlestripins of
parkins lot
HC-51,266
approved
IIC-51,:47.1
',pproved
>
-<'"
..,.. ",!
,
pater III!I'C-
'Jøol Ft--
àppr__
.
.
1lU'1I'11>S OF TIlE .JULY 6, 19n, CIr1' aJOICIL MEETING
'JMo Director of Public 1Iorb saU dIia c-18s1on reviewed the c.p1tal
_day needs of tt.t vater ~ .... ....ed a resolution rec~ -ilia
" ,:~~\:p=:::=- ':-:rpdor~, r:=i ~:":-~t:-:" to
:, i'; .... to the STSt_. ~1Ie -.r _~_1_ ..... a !laster plan pat ~
iD 1961. Ilben the new ~ .:a.. .. c-s»leted it will be .... CO
1Ie1p set up the updateol 11 T - ~
"
"
tile City Xanager ' dd the II Áq 1Iadaet does not inc:1uda tba
c.pital outlay budget. Tbe DirecÞtr of Administrative Sen1c..
coafimed t!1era 18 a projecce.l -.lus of funds in the Vater
Department.
Øøved by C~un~illDan Stokes, secøaded "y Councilman Fitzgerald to
approve the !!.asolution pa.'ISeI! by cbe Water Couml1ssion regardina
purcbase o£ ~~rtain bigb pr1crIcy iteas for the water system.
AYES:
JõOES :
C::.:~:il::len fitzgerald, F:-ellch, Stokes, Mayor !!oel
S:~a
Kotl= ;arrú:d, 4-0
~!3R-\RY CC~::55!ON
25. Sub!::,;,;:::: of Minutes == J-.;::;e 15, 1971.
C:PEKrISO ~:::ZE."S GOALS cr.l!'!'!:u.=
26. Sub~:~>:~:: of HiLutes c! S=earing Committee meeting of
June :0. 1371.
?ERSONNEL ;:':."-~
27. No :ae::::g.
PUBLIC HEA..:USGS
28. (a) A=~:i:atlon 9-Z-7: of ~~bael Kikul for prezoning of 0.41
a:rè from County ~ (Li~t Industrial) to City ML (Light
r::¿:.:s:rial). Said ~roper~y is ~ocated adjacent to and
~<>tèrly of Imperial AYeCUe approximately 101 feet southerly
,
.
.
JIUJOVIES (IF T~"T Jt'tY 6, 1971 em COUICIL MF.F.T1NC
,
of tX ineersect1øa of C&' .. Avenue and I.perial A_
and Mjaceøt to .. J r" -1, of Granada Avenue, apprœi
_telr 30 feet v.....I, of die intersection of Granada
A_ and Içer1al .a.. .
r
A'tÍIIIcord of s.ney _p of tile area ia ..ution vas displayed 011
Y... hard. It is presently _ u r.. (Ltabt Industrial) 1D the
:'~., y. the l'lanning ~-- 1:- - ~ed this prezonina.
_ l' 1l111an Fr::icb stated chat dais is 111 agreaent vith the
- . _~Lino~<:c:a Vise a General PI_.
".7"~ Noel a5fced for c_u f~ the audience. There were
_.
!løwed by Co¡;~,:~::.an Stokes, se::ODded by Councilmaa Frolich to
close the F¡;::~: Hearings.
.&YES :
JIDES :
C~=:-~ea Fitzgerald, Frollch, Seokes, ~y~r Noel
S:::è
Motion carried. 4-0
~ed by C:~-:::=an Frolic~, s~~c~ëd ~y Council=a~ Stokes to
ap?rove ô~~4:=i:~~n 9-Z-71.
AYES:
JJOES:
C:~~:::=èn Fitzgeral:, Fro:ich, Stokes, ~4ycr Noel
~:::i
Mot ion car. led, 4-0
(b) F~c>: ~eading of Or¿i~:~e So. 495:
"A= :~iinance of the City c! Cupertin~ A=ending Section
c: :ciinance No.2 =: ?rêz~ing a Certain ?ortion of the
C.:"":::' ir"," County ~ (I.~g:,~ Industrial) Zone to City ~
(:.:~-: Industrial) Zc,,-e; 0.42 Acre Located Southwest
C:c-:;c ci Granada A'i'e:::>e ,.-.. Imper ial Avenue." - Read
b~· !}Aiy.)r "Soel.
BDved by C.:<.::>.: ::::>an Frolich, sec=ded by Councilman Stokes to
DaYe Ordi=..~:< s~. 495 read by title only and the ~!ayor's read in,
~ constit:.:" :"e First ReadiDg.
AYES:
WOES:
C~=::lmen Fitzgerald, Frolich, Stokes, Hayor Noel
S':-:':è:
Motion carried, 4-0
CC-89
.aae 11
+~
'~
1a in aare_nt
v1th Cupertino-
HoDta Vista
General Plan
Public Searings
closed
9-Z-71
appro'/ed
Ordina=ce
So. 49>
First 2cadin¡;
a:-89
Pas'" 12
;,o-Z-71
:¿turned t=
?;'anning
:=ission
)rdlnance
;". 496 he:ë
cn abeyance
.
.
__~ OF THE JULY 6, 1971 CITY mlllCIL IfEETIRG
8. (a) Application lo-Z-71 of Cl~ of Qaperdno for prezoning
0.5&+ acre frOll County cç (co-et"ò61 CoIaerc1al) to City
cç (General Cca.erda1): 1.S5+acrea frOll County CG
(General ec.aexda1) to Ci~ Ð-2.2 (Residential Multiple-
faaily 2200 sq, ft. per unit); 3.99+ acres from County
IU-IO (ReSidential Single-f-Uy 10:000 sq. ft. lots) to
City 13-2.2 (Residential ItIltip1e-f_ily 2200 sq. ft. per
unit); 8.47+ acres fr_ County n-10 (Residential Single-
faaily 10,000 sq. ft. lots) to City BQ (Quasi-Public
Buildings); and 3.76+ acres fro. County Rl-IO (Residential
Single-family 10,OOO-sq. ft. lota) to City T (Transportation).
Said property, consisting of 18.35+ acres in total, is
located in the southwest corner of-the intersection of
Homestead and Stelling Roads. lecom:nendcd for approval.
~ilman Stokes asked tbc City Attorney what is going to be
~:oaplished by prezoning this parcel since one portion has been
~ezoned to Co~er:ial. The City Attorney said if there are any
~es it should be referred back to the Planning Commission.
~~~ by Council~n Stokes, seconded by Councilman Frolich to
~ application lO-Z-71 back to the Planning Commission for revi~J.
Motion carried, 4-0
(b) First Rea¿ing of Ordinance So. 496:
"An Ordinance of the City of Cupertino Amcnding Section I
of Ordinance No. 2 by Prezoning a Certain Portion of the
County :ron County CG (General Commcrcial) and County RI-IO
(Residential Single-family 10,000 sq. ft. lots) Zones to
City CG (Gencral Coomercial), City BQ (Quasi-Public
Buildings) and City T (Transportation) Zones; 18.35 Acres
Located Southwest Quadrant 0: the Interscction of
Homcsteaà Road and Stelling Road."
~:d in abeyance.
ClDINANCES
3G.
Second Reading of Ordinance ~o. 490:
of Cupertino Designating Speed L1alts
the City ~nd Repealing All Previously
Ordinances." - Read by Kayar ~oel.
"An Ordinance of the City
on Certain Streets Witbln
Established Speed L1IIIlt
.
.
KINUl'ES OF ,!ΠJULY 6, 1971 CITY COUNCIL MEETING
ØØwed by Coùncilaan Stokes, seconded by Councilman Fitzgerald to
baYe Ordinance No. 490 read DY title only and the Mayor's reading
CO c:ooatitcU the Second Ruding.
ØI!S :
.-s:
COQI1C1lDen 'itzgerald, !'roUch, Stokes, Mayor Noel
Ro_
1IDt1oo carled. 4-0
- .... by CaancU- Stoku, MCaoð" by Counc:ilJuD nugerald to
_t Ordinance Ro. 490.
AYES:
.ø:
Couacllaen Pitzgerald, 'roUch, Stokes, Mayor Noel
Sone
Motion carried, 4-0
31. ')econd Reading of Ordinaece :fo. 492: "An Ordinance of the
City ~: Cupertino Regulating th~ Operation, Registration,
Lice~si~?, Purchasing and Se~ling of Bicycles Within the
Cit). d Ctõpertino." - Read by Mayor :;0<'1.
Moved by C~w~~ilman Stokes, seconded by Councilcan Fitzgerald to
have Ordi~~;~ ~~. 492 read by ~i~le only and the Mayor's reading
to constitJte the Second Rea&ir.g.
AYES:
SOES:
C~w~oil=en Fitzgerald. Frolich, 5t~~~s, ~Ayor Noel
:¡:~~
Motion carried, 4-0
Moved by (.,,,:~= ilman Stoò<es, seconded by Counc1l1:1an Fitzgerald to
enact Ordi~4~=~ So. 492.
AYES:
NOES:
C:,,~=illllen Fitzgerald, Frolich, Stokes, Mayor Noel
~.:'~~
Mo:ton carried. 4-0
32. First !te.l.iing of Ordinance :.0. 493: "An Ordinancl' of the
City :: ~~pertino Amending Section 1 of O(Jißanc~ So. 2 by
Prezc~i~g d ~~rtain Portion of the County irom County CG
(Cenera: Comø~rcial) Zone to City CG (Gcneral Commercial)
Zone; A?proximately I.SS Acres Located Southerly Side of
HOIIIcste.l¿ Road, Approxi::ately ~OO Feet ¡¡"st oi St..lling
Road." - Read by Mayor :¡oel
CC-89
l'all" 1)
Second Reading
Ordinance 49-0
Ordinance
No. 490
enacted
Second Reading
Ordinance 492
Ord inance
No. 492
enacted
Ordinanc~
So. 493
First Reading
cc-89
Page 14
OT~inanc:e
110. 497
ponponed
Park namicg
respons ib t: it
belongs :..,
Council
Resoluti=
So. 3090
adopted
.
.
KIJlUTES OF TIlE JULY 6, 1971 CITY COUNCIL MEETING
Møwed by Councilman Fitzgerald, seconded by Councilman Frolich to
.....e OTdinance No. 493 re6d by title only and the Mayor's readias
to constitute tbe First leadtaa.
&1IS :
..., :
CouncU.en litzlerald, hoUch, Stokes, Hayor Joel
None
Hot1oD curlee!, 4-0
33. First Reading of OrdiJwlce !Co. 497: "An OTdinaace of tile
City of Cupertino Alleadtaa OTdinance No. 303 "latiag to
the Duties and Responsibilities of the City Park and "crea-
tion Commission."
Øoved by Couccilman Stokes, sec:~ed by Counc:ilaan Fitzgerald to
postpone Ordinance No. 497 to the next regular meeting, for the
purpose of allowing more tiDe for furtber consideration of this
ordinance.
Motion carried, 4-0
Councilman S:o~es questioned the Parks and Recreation C~ission's
~tention of n~ing parks. He said they should be told the Council
::as thnt res?~"sibility and suggestions should b.. "l1hmltte:! to tbe
Ci~y Council f~r consideration.
RESOLlTrro¡¡S
34. No. 3090: "" Resolutioc of the City Coundl of the City of
Cupertico Allo~ing Certain Claims a:~ Dcœ3nds Payable in the
Amoun:s and (rOIl tbe Fucds as Hereinafter Described for
Salaries and Wages for the Payroll Period Ending June 29, 1971."
- Read by Treasurer Frolich.
Moved by C~uc~ibnan Fitzgerald, seconded by CouncillD8n Stokes to
adopt Reso:ution No. 3090.
AYES:
SOES'
Couccilmen Fit%serald, Frolicb, Stokes, K8yor Soel
None
Motion carried, 4-0
35. No. 3091: "A Resolution of the City Council of the City of
Cupertino Allowing I~rtain Claims and Demands Payable in the
Amounts and frOlll the Funds As Hereinafter Described for General
and Miscellaneous Expenditures." - Read by TreasurO!r Frolich.
.
.
.
!"J~.fJlES C'!'~.... !t'!.Y 6, 1971 CTr!' CO~"'CTT, ~"""!"'G
tile City Atr;:omey said Warr~ ]10. 8720 shws ~ deposit 1ø COD-
aec:tion viti. t!le alaney Av_ Assessment and vas based OD the
fint appraisal. A reappraiu.l reduced tbat aIIOUIIt to $46,400.
Be explained tHs is just a ~ term advance on the project aDII
_., will be coming back frca the property owners to repaJ 1~.
Jfølred by eo::xilman Stokes, seconded by Counc:ilsan FitzseraV to
"opt Resol::::ion No. 3091 vid the excepticc of Warrant .0. 8720,
1Ibicb is re:>:Oced witb a n.ev warrant in the ;count of $46,400.00.
AYES:
IIOES :
C"",:o.:llmen Fitzgerald, Frol1cb, Stc;;es, Mayor Noel
s~
Motion ca..-:-ied, 4-0
36. No. ,. ,:: "A Resoluti:x: :: the City:: C::¡>ertino Authorlz 1~;;
the ~::~:ion of an Agr~~t Betwee~ :~e ;:ity of CupertIno
and :~: 3:uthern Pacifi: 7~a~sportati:~ ;::::¡>any Relati~e to
Cert.ã:- ·."::';erground Fa::"::':.:'es for t!-.~ ~::.:-:' Road Cross1:1g. n
- Res': ::" ~!ayor :';ocl..
~QVed by C:.::c:::.1n StC'''-es, ,,,,,:-::,oed by C::::':i:::an Fitzger<>:,: "
a:opt Res::.:::~ X0. 3093.
....:ES:
SOES:
:__~;::~en Fitzge~a:~, Frolich, S::~¿5, ~ayor Noel
~- . - .
.,-_:,
Motic:: ~~~ried, 4-0
37. No. :.'.'.-.5: "Arsoluti= :'<:terminin¡: ...~. P:.:blic Interest
and X"dSity Require ::'<0 :..:~uisitic:: :: Certain Real Propert'
for ~ ;:;ò:ic Risht-of-ä~y a== Dirccti~;: :~e Filing of
Imi:-:.~:-_: :,-"Oain Procee¿ :.=.¡~ - Blaney ';::¿::__>2, t?t ale Stree~
W1dE':-:'-~ Project, Assess=....e-:::. Distri::~ .~ 70-1."
Moved by C:~~:iècan Stokes. se:~ed by C::.:~:i:~an Fitzgerald
co adopt ;::$.::u:ion No. 3oc.v-:S..
AYES:
SOES:
C·f_~.:ilmen Fitzgera:~9 Frolich, S:::"-'es, ~)·or Noel
S:='è:
Hotio~ carried, 4-0
UJlFINISI!E)Ò õ:-S iSESS
38. Non.:'
,
CC-C,9
Page IS
"solutioa
No. J091
adopted
Resolution
So. 3093
adopt"d
Resclutl<>n
No. 300J-l:\
adopted
cc-89
[ Page 16
,
,
I
lisk Ha~'.I
IHftt Survey
approved
Coop<,rat:'7:
Agr"en~::~
..ppro~e<i
$30,000 :..! _
do the ~L;
otherwlse
556,000
.
.
.
IlIHUTES OF !"-'. JULY 6, 1971 CITY COUNCIL MEETING
JIÐl RUSIIŒSS
39. propoW for lisk Ma...._nt Survey
City Hanage~ Q.uinlan rec:·
Survey .
-.led approval of tbe lUsk Management
So moved by Councilman Stokes, seconded by Councilman Fitzgerald.
AYES:
SOES:
~~~illlen Fitzgerald, Frolich, Stokes, Mayor Noel
x-::e
Motion carried, 4-0
40. Dev<::~::<::t of Somec3et Square Park
(a) è::~<rative Agreement with Pacific Gas & Electric Company.
The City A::::::ey approved tbe Coop~r3tive Agreement.
The Par~> > ,,:reation Director said at the last Cocmission m~eting
~he Dire:::: "3S given aut!lority to go a;,ead "ith this. In ans\<er
~o his ç~ò>:::::, the Director of Adminlstrative S~rvices said there
:1a3 no:' ::;.: = .:c.::l. an ans.er Írc= lhc i~sur.J:lC~ t,'arr itar on this.
Moved b, ::_::ilman Stokes, seconded by C~~ncilm3n Fitzgerald, to
~prrov¿ :~~ ~.:~?erativc Agre~e~t with Pa~ifiL Gas & Electric
Cot:1pany. >_=:,:t to Conditio:> :;0. 12 bd..~ acceptable.
AYES:
:;OES:
::_::ilmen Fltzg~rald, Froli~h, Stokes, Mayor ~oel
:~.: :".¿
Motion carried, 4-0
(b) }~:,<~ent with Landscape Architect, James H. Coleman
..i:"_": A:;sociates.
Counci~",. ::~~es asked if a budget has been set up for this park.
The Dire:::: ~f Parks all'l Recreation said a tentative proposal was
set up t~: ~::ths ago and this is how they arrived at a fIgure for
this pro:~::. If we do all the work ourselves we can do it for
$30,000; >;~.ÙOO if we do not do tbe work ourselves. There has
been no .:r~ vn Federal funds for this project.
.
.
.
~p:Trr"5 (IF 7'!'ë ,1t'T.Y Ii, 1971 CITV COUNCIl. IŒF.THlG
MOved by Councilaan Stokes, seconded by Councilman Fitzgerald to
approve the award of contract to James H. Coleman and Associates
for plans {or tbe Somerset Square Park with the condition that the
18 to be in the neighborhood of $30,000.
AYES :
WOES :
COJl1Cilaen Fitzgerald, Frol1ch, Stoltes, Mayor Noel
None
Motion carried, 4-0
41. Avard of bids on flag pole relocation and installation in
Civic Center.
The City Attorney said the City prefers to honor local bidders,
bit in the interest of competitive bidding, the award should be
granted to tbe low bidder.
Moved by Councilman Stokes, seconded by Councilman Fitzgerald, to
award the relocat~on and installatlon of the flagpole in Civic
Center to L. Pb. Bolander and Sons at their low bid of $1,330.
AYES:
NOES:
Councilmen Fitzgerald, Frolich, Stokes, Mayor Noel
None
Motion carried, 4-0
CONS EST CAL~DAR
42.
Resolution No. 3092: "A Resolution of the City Council of
tbe City of Cupertino Approving Final Plan for the Impro~e-
ment of Frontage Alo~g last Side of Bubb Road, South of
Krzich Place; Authorizing The City Engineer to Sign the Final
Plan; and Authorizing Execution of Agreement in Connection
Therewith. "
43.
Resolution No. 3094: "A Resolution of the City Council of
the City of Cupertino Accepting Dedication of Real Property
for Roadway Purposes from Leopoldo E. Maestas and Elizabeth
E. Maestas; Consisting of Approxicately 0.023 Acre, Locat~d
on West Side of Portal Avenue between Stevens Creek Blvd.
and Wheaton Drive."
44.
Acceptance of the Sears Traffic Signal Controller and Cabinet
project performed under contract by Singer-General Precisio~
Inc., and authorization for the Director of Public Works to
file a Notice of Completion.
r.t:-"9
Page 17
Contract
avard
Low bid:
L. Ph. i:clandcr
& Sons
Bubb & ;::~ziÒ
improve"''':1ts
Por:a~ r:,adwa::
dellicdt :':.':'".
Sears tr....fflc
signal
,
..
Fee schedules
postponed
AssesS1llent
District
Report
.,
..
MINUTES OF THE JULY 6: 1971 CITY COUNCIL KEETING
Moved by Counc:11IIIan Stokes. seconded by Councilman F1t:rgerald to
approve the COnaeat Calendar.
AYES:
CouDdlMD nUSerald, Frol1cb, Stokes, tra,.or )foel
KODtI
HOES :
Ifotion carried, 4-0
1EP0RT OF OFFICERS
45. City Staff
(a) City Manaser
Upon recommendation, the staff report on engineering fee scbedules
was held in abeyance until a review could be made of all City-
collected fees, including those of Parks and Recreation, Business
Licensing, Planning, Water, etc.
The City Manager requested a special Executive Session at the end
of this mceting for the purpose of discussing requirements for some
of our ~ater Personnel.
(b) Director of Adminlstrative Services - Xo report.
(c) City Attorney - ~o report.
(d) Director of Public Works - No report.
<e) Director of Planning
Director Sisk submitted to the Council an Assess~ent District Report
for information only. Councilman Stokes said the Council has
requested certain information before this project proceeds. The
Director of Public Wor,ks said the staff has reworked it and respread
it. The question is whether or not we can utilize the funds avail-
able and if the Council wants to request more funds. It will come
before the City Council at the next meeting.
(f) City Manager
The City Manager wanted to inform the Council of the status of some
Assembly bills in Sacram~nt~:
AS 1617 5% tax No position.
AS 1303 Recommended the City oppose this bill.
AR 1471 No position
AR 1057 Opposition sbould be prepared to support ABAG
AB 2294 Recommended we oppose.
.
.
.
.
mNUTES OF T!!!': JULY Ii, 1'111 CITY ŒIt'!:CIT, '!f.F.TI"G
Liquor License bill 10 ~ition.
Ie of ps tax Vaccb ad :Report.
1111 to r~ire employ_ to live within the City lill1u. No
po.Ition.
Bill regarding trailers .0 poø1t10Jl.
lil1 regarding Police aDd Fire.en requirEœents No position.
AI 813 Iteaoval of City l1c_ tax on vending machines. Watch aDd
report.
46. City Councilmen
No reports.
47. Recognition by ~yor cf non-agenda items.
Director ~isk read a letter of request from Mr. Joe ~arda for
a 30-day rermit for the erection of a temporary fruit stand in
toe vicinity of Vista Drive and Stevens Creek Blvd. He asked if
a business ¡icense will be required.
Moved by ~~uncil~an Frcli~h, seconded by Cuuncilman Fitzgerald to
approve t~~ request of ~r. Joe Camarda ?nd require a business
license.
Motion carri·od, 4,·0
ADJOUR....m:~"T
Moved by C,~ncilm3n StcLes, seconded by Councilman Fitzgerald to
adjourn to an Lxecut1ve Session at 9::0 P.M.
AYES:
SOES:
C~uncilmen Fitzgerald, Frolich, Stokes, Mayor ~oel
S-:'ne
Motioa carried, 4-0
Tbe meeting reconvened at ¡Q:19 P.M.
Moved by C~uncillD3n Stokes, seconded by Councilman Frolich to
authorize t~e Mayor to sign submitted Memoranda of Understanding
for three e~ployees representing themselves under the Meet and
Confer Process.
Motion carried, 4-0
CC-89
Page 19
Camarda
fruit stand
approved
Memoranda of
Understanding
"
'"", .;
.
"
";~
f;
.
t
[.
t
K
.'
i
.
.
.
,
K!II1J1'ES OF TUE JULY 6, 1911 ern COUNCIL MEETING
"
Moved by Councilllaø St+-. NCODCIed by Coundlllan ho1J.ch to
appoint Hr. Keith llViø to dae uøexpired tem of CouøcU-"
IaJllODd A. Green,
~ carried. 4-0
ADJ()1]IlIŒIft
Moved by Counc:illun $Cakes, seconded by Councilman trol1ch to
adjourn the meetins at lO:n P.H.
APPROVED :
Isl Clyde L. Soel
~~yor, City of Cupertino
ATTEST:
Isl wm. E. Rydcr
City Clerk