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CC 08-02-71 . . CITY OF CUPElttlJfO, State of California 10300 Torre k"enue, Cuperl:1DO, California 'þlepbone: 2~2-450S JwulId OF 'DIE JIECIJLAJt JØŒT1lIG OP THE CITY coœcIL iIILD AIIGUST 2, 1971 IR THE COUNCIL awlBa ern BALL. aJPEKnRO, CALIFORNIA lW.urE '10 THE lUG !be MeUng vas c:a11ed to oreler at 7:32 P,K. by Mayor JIoel witb the Salute to tbe Plag. JIOLL CALL Councilmen present: Fitzgerald, Frolich, Irwin, Stokes (8:20 P.M,), Mayor 50e1 Councilmen absent: None Staff present: City Manager Quinlan Þirector of Administrative Serv~~es Ryder City Attorney Ad.... Director of Planning Sisk Director of Public Yorks Yarborough Director of Parks and Recreation 3utle. Recording Secretary Lois lnvards KIN111'ES OF PREVIOUS HEETI};C 1. Approval of Minutes of the regular meeting of July 19, 1971. Moved by Councilman Fitzgerald, seconded by Councilman Irvin to ap"rove the Minutes of July 19, 1971. Motion carried, 4-0 COHMUNlCATlONS 2. Written a. From Mrs. Douglas Christenson requesting City of Cupertino set the trend by aaking a policy decision to purchase recycled paper. CC-9l Psge 1 July 19, ~971 minutes &?proved I CÇ-91 r-se 2 lIe-::yc1ed ..ape co staff Gregory appl1c:at~ poatpone<i . . KIlWrES OF THE ~); 2, 1971 CITY COUNCIL ~ b. Pr_ løbert P. Jfew--., Attoraey, re Earl CrelOry'. Appl1c:atiOD for a bø'lldfllll peadt. c. PrOIa J. "ert u-pster. repreaentinl Hable 011 c:c.pany. re tbe.!-fa1,of AppllcatiOD HC-Sl,236.2. d. PrOIa DaY1d ntllaD, Dean of Students of ·Cupertino High School, requeatiøa pem1aion f&lr the First Annual Cupertino ToumaMGt of laDda Parade to arch through the City of CupertiDo at 10:00 A.H., Saturday, November 13, 1971. e. PrOIa ~ Bartvickson, re building site located on Cordova IDa.!. f. PrOlB J. B.ohert Dempster, representing HUlllble Oil Company, re being allowed to post a bond to cover completion of landscaping at the Service Station at Homestead Road and Maxine Avenue. g. From Duane Burle1gb, General Manager of Cupertino Chamber of Commerc~ re proposed name change of Sunnyvale-Saratoga Road to DeAnza blvd. b. Copy of letter from State Divis~on of Highways to Mrs. Burnett! on Stokes Aven~e re noise level created along new stretcb of freevay. Moved by Councilman Fitzgerald, seconded by Councilman Irvin to refer the Christenson letter regarding recycled paper to the ~taff. Motion carried, 4-0 Tbe Planning Director deferred to tbe City Attorney regarding the letter from Attorney McSamee. The City Attornpy said this is an appeal of an administrative decision of the Building Inspector. The Council has 35 days in which to make a decision. Since neitber the applicant nQr his attorney vere present, it vas moved by Councilman Irvin, seconded by Coun~ilman Fitzgerald to bring up the abovp. matter at tbe next regular meeting under '~ritten Communications", and the staff is to r.:-tify tho, applicant of this. Hotion carried, 4-0 e . IlUllJIAS or ThE AUGUST 2, 1971 em COUNCIL HElTIlfG í\&toraey J. Robert Dellp8ter stated that "is client, Buable Oil ...,." WIllIts to opeD their station on AuaU8t 6th aDd are vUllDI .. post $2500 bond to iDaUre COllPl1am:e with a-COotrøl and Council ta reprd to laDdøcsP1D& SiDee this concerned It_ 20 on the agenda, it vas .wed by CoaDc:Uaan Irvin, aec:oaded by CounciJ.aD Fitzgerald to defer action aD this letter until it ccaea up on the agenda. KøtioD carried, 4-0 MOved by Councilman Fitzgerald, seconded by Councilman Irvin to grant permission for the First Annual Cupertino Tournament of Bands Parade ~o march tbroulh the City of Cupertino at 10:00 A.H., Saturday. ,iov_ber 13, 1971. Motion carried, 4-0 Moved by Councilman Irvin, seconded by Councilman Fitzgerald to refer the Hartvickson matter to the City Attorn¿y f~r further study and report back. Motion carried, 4-0 Kaved by Councilman Irwin, seconded by Councilman Fltzgerald to set for Public Hearing on Tuesday, September 7,1971, the proposed nam~ change from Sunnyvale-Saratoga Road to DeAnza Blvd. kotion carried, 4-0 Moved by Councilman Fitzgerald, seconded by Councilman Irvin to receive and file the Written Communic3tions. Motion carried, 4-0 3. Oral CollllllUDications -- '."here vere none. upon OF COUW·1L REPRESENTA"£IVES 4. Transportation Policy Committee - Councilman Frolich No further report. CC-9l Page 3 aC-Sl,236.2 It_ 20 _ this qeada " Tourll'_t of Bands Parade Hartvickson =att..r to City A:torney "DeA.·u:a Bhd" Public Hearing set for 9/7 Re~eive & file written communications · e ,.'cÞ91 'þp4 ftuluuS Of THE AUÇUS'r 2, 1971 CITY COUNCIL JlEE'l'IJIC s. Planniaa pollc:J eø.1ttee - CcNncUaan ßtzpralAl t Councilun PitzlKalII said at a _stinl on July 22Dð . ..solution vas adopted far a lo-,ear progrø as vell aa a r..-at for Pederal funds. they 81110 aatbør~zed a Soc:ial ConcealS ød 1kIas1n& leport. The Planning Policy Ccrsittee received an AirpoU Laa4 Use leport fr_ a sub-c:~ttee. 6. Inter-City Couøcll - Mayor Noel No report. 7. League of California Cities - Mayor Noel No report. 8. Association of Bay Area Governments - Councilman Yrolich No meeting. 9. Flood' Control Advisory Commission - Counci~~ Stokes No report. 10. Santa Clara County Water Commission - Counci1=an Stokes No report. 11. Solid Waste Co=œittee of Planning Policy coooittee - Comm. Puetz No meetings. PLANNING COMMISSION 12. Submission of Minu:es of regular meeting of July 26, 1971. 13. Application II-TK-71 of Santos N. Aparicl0 for Tentative Map to adjust tba southerly property line between Lots 43 and 44, Tract 3354, located adjacent to and Westerly of Lindy Plac~, at tbe Southwest corner of the intersection of Lindy Lane and Lindy Place. Said Property is in an Rl-IO (Residential Single-family 10,000 sq. ft. lots) Zone. leco.mended for approval. . . 11U1I1IlIS OF tB1, AUGUST 2, 1971 cut COUNCIL MEETING DIe r1aDnÙlg Director r~ the Planning ec-ission proc:e....""f; O 6:¡" " ".. wll as the staff repent .. tIda application. The purpose of ", ,...'.~..¡ ?;6Js applicat10D is ~o ..~.... rear yard setback requ1r_U. t.;,:·;~·t~;kq~1.iJoy c:--n.... ,lUl ".........'-=-Ied by Councilllan lniA to 'l.,·{(',. ~:'J:ow. .",UcatioD 11-'JII.Ot1~ . ~' , ,', ". ' ,'"~. ,. ," <., . . :"', ;." .~.- carried, 4-0 ~.IaCI'UE.\L AID SIft AI'I'mW& ~I~U 14. Subai:os1oa of Hinutes of P'C"1ar meeting of July 21, 1971. 15. Application HC-51,2S9.2 of Yuic:b L. Nakano for approva1 of aite. architecture and sips for Muma Restaurant, Portal Plsza Shopping Center. (PostpODed frOlll Council meeting "J' July 19. 1971) 11M! Planning Director .... sbopping ~enter. the four iteus. said ItemS IS, ]6 and 17 all concern the It vas decided to combine the discussion of 16. Application HC-5l,2S9.3 of Mrs. Betty Otomuri representing The Beaèee i, Portal Plaza Shopping Center for approval of sign. Recommended for approval. 17. Application HC-5I,259.4 of George K. Yamaoka for approval of archite;:ure of air conditioning screening, Portal Plaza Sboppi~ Center. ReC --~ed for denial. Colored slides of tbe shoppiDg center were displayed as well as plan for the sign and landsca?lng of the Japanese restaurant. The Beadee i sign is existing before approval because the applIcant said she didn't realize she needed approval. The Planning Director said she is willing to cooperate vith the H-Control decision. Before and after pictures Indicated the new air conditicning units are larger and a thir¿ ~as been added vitb~ut beneflt of a building permit. Mr. James Miiler, 352 Murphy, Sunnyvale, said he was representing Mr. Yamaoka. Councilman Irvln reviewed the applications of the Figure Salon and the Azuma Restaurant where the Planning Commission has tried to get the shopping center owner to upgrade the are~. He aske~ Hr. Killer if it is the intention of t''e property owner to operate that shopping oe~ter in a ne2t aDd orderly manner. I Cc-91 rage 5 11-'111-71 approved Pictur<:s of Portal Plaza . . IlIIIUTES OF tIlE AUGUST 2, un cut CODNCIL !ŒETDIG Jk. Killer said plana høa..... __ far tbe addition of a bIdldill¡ 6n expaIIS1aa of the a~'~. They vül be coçletell with1D 60 to 90 ÙJS. They fe1C.J&. 1ð be illpracticai to atdpe tile ..kiDs lot _ and t"" ~'jto ncJo it after COD8truc:tioD of tile , _ buü.u... .1" DIe PI--I,. Director ..w.... 1'1-1"1 C.-i...ion gave Ifr. '_ka " 90 clays to Main the _ -....... Dr to have the entire abøppiJ18 center park1q lot reat~ 1IIeD aslted 1£ Hr. Y_oka is coopera- tive, Director Sislt aaiel dIoI£ _ leaat we are now talltinl with JIr'. y........Jr.. HC-51,2S9.2 approve.! HC-51,259.3 approved Counc1x.an Fitzgerald qua.... J how tbe sign.. and air condit1oninl units could be put up vi~ per31tø. Hr. Hiller said lease agree- _nts were sigoed but be _ ~ sure tbe lessees read what they were signing. It VL\S his opfa1on that they did not need H-<:oDtrol approval f~r air conditionf.. anitS¡ hence, the application vas filed unrler ?rotest. They rep!.ac:ed tvo units with more modern equipmen~. C.ouncilman Fitzp:rald said he would agree with Mr. Hiller if the nea =1ts were the _ aize. Hr. Miller said the tvo new units are :~.~r in ~rofile ~ the previous ones. Moved by :"~::;:ilman Irwin,' .wed by Councilman Fitzgerald to approve a~~::~at~un :l,2~9.2. ~ion carried, 4-0 Moved by ~:"::~ilman Irwin, seconded by Councilman Fitzgerald tc approve a~~:"~ation HC-259.3. ~tion carried, 4-0 Lou~ed fe:ace Mr. Mllle~ ~..id tbe new plz: c:alls for a ccopletely louvered fence over the :~:~t and side ~f ~ restaurant. An alternative would be to simply ~a:::t all the air ~itioning units the Salle color as the buil¿::g. Extend tee screeni:2& Counci~ y~~licb sugg~~tP¿ consideration be given t~ extending tbe screen ~::"6 ~he front portLan to tbe end of that store to give a little ~e~~~~ angle froa St-. . Creek Blvd. and perhaps ve would have a òe::~r chance of ev~tually extendinð the screen all tbe vay d~~ :~e front of the e:tire buildin~. C~uncilmar. Irvin agreed. H-Contrc: ~irman Steve Ityeer, 10940 Santa Tero!sa, CUl'ertioo, said tne :"~ttee has a si_f1ar condition ~herein the air conditioning units ap~~ed before th~ ~l1c:ations were subm~tted and were not on the ¿~4.i::gs. It was the feeling of the Co....lttee that if this · . _d.S OP THE ADGUST ~!, 1971 em COURCIL MEETDlG œ-9l Page 7 S. a11-1ed to continue there is no reason why other stores could DOt ... _ _. The ec.utt..·. concern was one of, direct.ion .. well _ -SUtenq by the City. Be ..id tbey were not biased by the lac: oIlÞ'f..aional drawings. 'lb1lJ _e concerned about the lack of -.& ftlS. Be did not see all)' reason for the Council to deny tbis U Iller. is a hardship to the applicant. Be also stated that there __ oalJ three members of the a-ittee present at their last ---. co.ac~ Frolicb commented that he could see Where they could have Older buildinc tIIea bide tbe roof appurtenances on a new buildinl, but this build- iDe vas constructed wben the City vas not so concerned vith the _tter . CoaDc:illllan Fitzgerald vas concerned about the City Council approving aø.ething not seen by the H-COntrol. Moved by Councilman Fitzgerald, seconded by Councilman Frolich to s~ application h~-5I,259.4 to tbe H-Control f'. reviev. Motion carried, 5-J Mr. Miller said the air condition1 .g units are already installed and he vondered if it was all rf6ht for Mr. Nakano to plug it in. HaYed by Councilman Irwin, s.conded by Councilman Frolich to allow Mr. Nakano to turn on his '~r conditioning. Action carried, 5-0 18. Application HC-51,126.5 of Footbill Investment Company for approval of Architecture for Foothill Apartments carports, Footbill Blvd. and Salem Avenue. Referred back to Architectura and Site Approval Committee for review by the City Council July 19, 1971. Recommended for approval. Elevations and plot plan were displayed on the bulletin board. The Planning Director said tbis involved enclo~ing the ends of the carports on Foothill Blvd. and Salem Avenue. Jk. :',aw.ence Cooke, Architect, 409 Alberto Way, Los Gatos, pre- ~Qted nev elevations, showing tbe ends of the c~rports which will tak2 tbe same type of theme,vood screening, roof pitch, etc., as the apartment buildings. ~ by Councilman Irwin, seconded by Councilman Fitzgerkld to approve application HC-51,126.5. Kotion carrled, 5-0 HC-51,259.4 to H-Control Mr. Nakano can turn on air condo Carport architecture HC-51,126.5 approved. CX-91 Pap . 31:-51,075.16 qprovM Jeniec! t:ecaus :f size ?;;:st bond .2500 casb :0 -:over J::dscapi~g !lC-51,236.2 approved v/conditlO11s . . :!IPU~a£ OF THE ADGVST 2, 1971 CITt COURCIL !ŒETIlIG '1f. Appl1cat1oa RC-51,075.16 of 'allco Park, Ltd. for approval of aiee and architecture for offic:e building and related ~rc1a1. IIOrtheaat amler of 1Dterøct1cm of Seevena Creek Blvd. ad VoUe load. JI.ac:_ "'d for approval. tile PlanniDa Director referred to his staff report. The Council v.. faa1liar with the plallS. !føved by Counc1x.&D Irvin, aecODded by Councilman Stokes to approve applic:at1øn Ø0-51,075.16. Motion carried, 5-0 20. Application HC-51,236.2 of Humble Oil and Refining Company for approv~l of a pricing sign for £nco Service Station, Maxine and Ho3estead. RecDamended for denial. (RecOlDDended deniai appealed by applicant.) The site plan vas displayed by the Planning Director, as well ~s a rendering of two prictng signs - one with tile roof and one without. He said this application was recommended for denial because of the size of tbe sign. Attorney ~pster asked that the applicant be alloved to post a $2500 bond to show they are in good faith. They want to open the station sh~rtly and will come to sOllIe agreement witb the City as to the siga and landscaping. MOved by Counci1=an Stokes, seconded by Councilman Irwin to approve th~ City's acce~tance of $2500 cash t~ cover COlllple~ion of landscaping prior to Xo~ecber 30, 1971 on application HC-5I,236.2. Motion carried, 5-0 In regard to the pricing sign, Attorney Deopster said tbis company tries to dissuade tbeir lessees from putting signs in the vindovs, etc. Half of tbe pricing sign is mesh, to allow prOlllOtional signs. Koved by Councilman Sto~es, seconded by Councilman Fitzgerald to approve application HC-51,236.2 sign with the tile roof vith tbe stipulation that it be no larger tb:\O that approved for Stancl¡,rd 011 , and saae beight llœit. Hation carried, 5-0 . . JIIUIIIUS OF nŒ AlIGUST 2, 1~71 CITY COUNCIL HU.TING 21. IU.ø>;ce Order rec -..1111& approval of landscaping for the fUIIIIJ, IINte 6,), be~ Stevens Creek BIVli and JUDipero Serra Freevay. . tÞOAtJ:ol CIIa1Dan a,øer ..u die eo.1ttft'S ..jor CODc:eø about tIda fa _ of apeclleøc:y dJIee the State is scheduled to ~1ete '~ JmI.I-..: in 1973. '!be State'. concern vas one of irdpt10D .... tM iIIIItter of social oq.....b..Uonø getting together aDd plaDt- ... .toaa lDIrLe 8S. ItIrector Slsk displayed colored el1dH of the area in qusUon. ... .r-.,. Cordon, District . ......cape Architect for District 4, Sa !'ranchco, introduced Mr. lticbard Pryor, tbe Arcbitect who .....ed tbe tua tbat designed the plans for landscaping Higbvay 8S. 1Ir. Cordon s.1~d it is Kbeduled for 1973-74 fiscal year, and vill he _llable {"r euly financ:1Ds, shOt~ld an~· zoney be made available for that >U:"?<,U. One other item discussed by the Planning Review ca..1ttee vas t~t tbey hoped to have larger than 5-gallon sbru~s. Due to tbe :a~~ of protection and the wind whip in this type enviro _t, in 3-: years the S-gallon size does ~etter beca.~e tbey '¡on't teed to be :"",,\:-bound, a. do tbe la':-:er pla::ts. Mr. Pryor ~:~ the landscaping plans incor?Vrate the use of Montere pine and i~::~~" trees, ceanothus, prunus. vi::es along the fence, «zisting ::.e5. pines and shrubs along t~e 5~erset subdivision, agapanthus. ~:. plant and African daisey. The City ~..r said he recelved a call last week froll Mrs. Forbes regarding :::~5' in tbe area of the new fre~~ay. She would prefer ao.e type :: 5~r.ening in lieu of planti::g. In contacting the Stat , Mr. Qui:::a:: :.~rned that t~ey have indicated they would not parti- cipate "·...r a::': above tbe ccst of tbe pla:::ing and screeni.ng now proposed. Coun~ilDa:: F:::ich asked vbea the free~ay :"cation was moved the 150 f Jet. :::.. State conten~s the physica: rdocation of the highva waP relc.:a:.~ "rior to the d~~eloplDent of :::.. area. However, it va. deter:~:.: that it vas ::ot relocated .r~"r to the rezoning of the area a::~ ~.~.lopment plans made. The letter :: ~rs. Burnetti, :0360 St~kes Avenue, from the Division of Hilhwa~.. :..arding the ::oise level and saf..ty of her back yard was intr~::.~. Counci~n Irvin was c"::~.rned for the property owners. ~. sa~J the City should hold our soce hope of alleviating these prc::~. The Clty Maaager said the State listed the follow- ing alterr~:. :ethods for reducing the ~ehicle noise in this area: 1) Quiet :::. ::ise source. 2) Restri~: :::.. use of the freeway to certain vehicles, and 3) Constru~: .' soJund barrier between the freeway and the residences The sound :arr"er seems the ~st perœane~t solution and it then becomes a 13:t.r of vbo is loing to pay for it. CC-91 Par.'" 9 Landscaping IlDute 8S Landscaping scbeduled for 1973-74 Trees and shrubs to be used Noise Rel"c.Hi,'n of a j)orti~n (If R~ute 60 SC'isl.? level and saiety c:ç..91 .... 10 f, Scaff to f~ a" ,-,,.,. ?}~ ~, ¡ ,'è !'kaff .. '..., ~. à1tenaU _u Cleek vida State UcS1: . '. ~uu.S OF nŒ AZ:QIST 2, 1971 em COUNCIL KEETßG Gllmdwn Irvin requeste4 the scaff ulte a study of the above utter .. rapor"' back to the CoaDdl. " r d~ Fitzgerald saU tile ~O\I and plans for the h_ were .ue ..,... the he "q vas _ell eM 150 feet. Cov-"ihu" rrol1c:b vou1cI IDa to Uft the clatin¡ on dds _tur explored. ..eeI by CoaIIcUaan Irvin, _1IIIeIJ by CoUDCUun Fiuserald, that ... ata¡f ..a .. study of altexøativea and back~ting of the ..wivbiœ ¡tIøs and hipv., relocations plans, costs of typea of __ barriers, etc. J... Coancilman S:~~es instructe4 the staff to check vith the Division of IHgbvays fin: :~ see what c:haDc:e there is ~: c:OAnging their policy, The City JU"-I~"~ said this is already be'ng dene. CouncilDUL~ :~:~ ~ithdrev his ~tion and Ce~~::::an Fitzgerald withdrew h:. s~::~d since it is already in t~ ,~ocess. C.H. to v:-:'te I Co;mcilma~ S::,.. said tbe Cou~dl would l!;'e :: thank the State letter of !cr subQi:::~, :c~ plans, and iastructed th~ :::y Manager to write tbanks t.. tn.o: a letter ;: :..è State thanÕting them for sh,,~:::~ a:: intcre.;t in the State City of C~;è:::~;. ?AAKS A."\D :¿::;~,::0X COMHI<;SIOS :¡. SUÌ:'=.~ ,- :: ~inutes of regular meeti::~ .- :~ly 13, 1971. iiArER Cœ'Y::' S: ~ 23. No :o,,~::~¡ 2~. Repo:: __ :ield trip to Santa Cruz Wate: :a:ility by Cocmission. LIBRARY C:~:SSION 25. Subm:sò:::: 0: Minutes of July 20, 1911. œl'ERTlSO ::::::ÐiS GOAlS CO!MUTEE 26. No mu:i::¡ I . . ....u.S or ~ AtGUSI 2, 1971 CITt COUHCIL MEETING ._ ~4EL IQ&ID %I. 110 _tiq. ~ ..114 by eo..:1Jaan Stoku. "Elided b1 CouncU.." trviD to r_e ... .bcwe r-niona' reporU f~ the ageDda untU _pedf1c:ally ...... to re~. MotS- canied, S-o .-LtC ItEAIDCS 21. <a) App:ication 13-%-71 of Carl N. Swenson Company, Inc., for pre:~aing a certain portion of the County from County Al-.J (Single-family Residential-Agricultural 40,000 sq. ft. :~ts) to P (Planned Development) with intended use of a ;::-unit single-faaily residential cluster development. A;¡::~i:3tely 43.1 acres located southerly of and adjacent t~ >:~~ens Creek Blvd, approximately 1600 feet west of F~::o::l Blvd. Recommended for approval. Br. Arthur :, >i:$, representing the Carl N. Swenson Co~pany, 777 ~rtb Firs: ;:::et. San Jose said it is one of the largest construc, tion COllpa:::> :~ the County and has enjoyed an excellent reputa- tion. Thev L:: :~st now getting into tbe field of residential constructi::, :~ey are the leaders in many ne~ methorl~ of construe cion in tt. ::~~ty. and they are committed to quality development. Br. Sims ~L_: :~is is a relatively difficult slte to develop -- ~Jsicall: ~~ £i~ancially. The surrounding environment is not the b..t in C~¡.:::~:; there Is a series of power towers, a railroad, aDd Permar.í::: R:ad with a nuSber of large trucks. There is a aoise fact:r L~~ a water factor to contend with. They have con- eulted an ¿"_>tieal engineer, whe recommended they create a mound with a wa:: :~ t:p to buffer tbe sound. ~. SilllS ~:: :~ere will be a series of walkways going through the project t: .:::urage people to move about without using the street. "cause 0: :0: $.31~, they have decided to incorporate a moving streaD wi::. ;=? They int~od to maximize pedestrian move",ent and a1n1lDize ,,;,;:.:c.o~i1e movement. Every tree on the property will be saved. ¡r,:':$ 3 high quality development and meets a need of a certain t:;~ :: ,erson who wants to live in this type environment. ~ densi:,' :: ':'.9 persons per acre is less than we might have obtained ~~:: an Rl developaent. And the knoll will be saved, which wil: ;::~i¿e 17 acres of open space. The trails tbar meander around the :::: will be acc.ssibJe to everyone. CC-·91 Page 11 tta;ove item_ from agenda Company backgrour:"¡ Factors they must vor'< with Descri?tio~ of project œ-91 h.e 12 SCr_t ~tb ':'- (;,.11 taDdacaped Mdian Public Hearings closed lJ-Z-71 approved Ord. 501 Firat leading . . KIJItTl'ES OF TIlE AUGUST 2, 1971 CITY COUNCIL MEETING Ik. S1IIIa said they bave .greed to .bid!! by the conditions .s set forth by the PlanniDg CDIr..la81oD. They are oDly cODcerued .bout wbether or DOt the 110' street viIIth is necessary and sUSSest that perhaps a 90' viIIth would be sufficient. llayor Noel asked about Condition 28. llirector Sislt said tbia referred to all c_D .r.... Jlayor Noel asked for c_ts fr_ the au{,ience. There were none. CouDcilaan Irvin asked if this is . ..jor throughway on penaanente lIDad now. Th.. Director of Public Works said tbe elements in the cross section includes landscapl!d median. Tbey are suggestiDg two 24' traveling lanes be set aside. The roadway nearßst the develop- 8I!nt exists. The cross section 1s intended to serve as ..;1 arterial, !fDved by Council1ll8n Fitzgerald, secot;ded by Councilman Irvin to close the Public Hearings. AYES: SOES: Councilmen Fitzgerald, Frolich, Irwin, Stok~s, May~r Noel None Motion carried, 5-0 Moved by Councilman Irvin, seconded by Councl1man Fitzgerald to approve application IJ-Z-11. AYES: SOES: Ccuncilmc~ Fitzgerald, Frolich, Irwin, Stokes, Mayor Noel None Motion carried, 5-0 (b) First reading of Ordinance No. 501: ..~~ Ordinance of the City of Cupertino Amending Section 1 of Ordinance No. 2 by Prezoning a Certain Portion of the eo..nty from County AI-40 (Single-family Residential- Agricultural 40,000 Square Foot Lots) Zone to P (Planned Development) ZJ~e with &esidential Use Intprded; Approxilllately 43.1 Acres Located Southerly ~f and Adjacent to Stevens Creek Blvd., Approximately IbOU teet WeaL 04 Foothill Blvd." Read by Mayor Noel Moved by Counctlma" Stokes, seconded by eoun:;ilman Irwin to have Ordinance ~o. 501 read by title only, and the Mayor's readina to constitute the First Readina· AYES: SOES: Councilmen Fitz~erald, Frolich, Irwin, Stokes, Mayor Noel None Motion carried, 5-0 . . IIUI"'I.~ OF TIlE AUGUST 2, 1~71 CITY COUNCIL KEf;aNG 29. <-> Application 14-z.71 of Albert Perrotti for prezoning a . certain portioa of the County frOlll County HI. (Light ÞcI1aatrial) to C1~ of Capertino HI. (!.1gbt Iudustr1al). Ap¡Ir_blaUly .22 ~. tot 347, Tract 97, located westerly ; ,~_ of aDIl 8IIjac:ent CO n.,u1al Avenue, approx1lllately 200 feet " :: ..tla of 011.. AY8aúè~ aec_uded for approval, ,~, . tile ~,-4"1 Director referred CO Ia1s staff report elated July 29, :an. .. uicl this .,pl1cat1oD1a in accordance with the Cupert1Dø- OW Jlllnta Vista Plan. ..,.,.. by Councilman Stokea, aeeonded by Councilman Irvin to close the Public !tear1ngs. AYES: IIOES : Councilmen fitzgerald, Frolich, Irvin, Stokes, Kayor Noel !lone Motion carried, 5-0 HDved by Councilman Stokes, seconded by Councilman Irwin to approve application 14-Z-71. AYES: NOES : Councilmen Fitzgerald, Frolich, Irwin, Stokes, Ka>·"~ Yoel None Kotion carried, 5,·0 (b) rirst reading of Ordinance No. 502: "An Ordinance of the City of Cupertino Amending Sectioa 1 of Ordinance No. 2 by Prezoning a Certain Portion of the County fro. County HI. (Light Industrial) Zone to City of Cupertino HI. (Li&ht Industrial) 2bne; Approximately .22 Acre, Lot 347, Tract 97, Located Westerly of and Adjacent to Imperial Avenue, Approximately 200 feet South of Olive Avenue. II _ !lead by Mayor Noel The Director of Administrative Services called attention to a typograpbical error (deletion of the pbrase: "and Rl-6 (Single- r_Uy)" ). HDved by CouncHman,Stokes, seconded by Councilman Irwin to have Ordinance No. 502 read by title only and the ~ayor's reading to constitute the First Reading. AYES : 110£5 : Councilmen Fitzgerald, Frolich, Irwin, Stokes, Mayor Noel None Kotion carried, 5-0 CC-91 Page 13 Public Hearings closed H-Z-71 approved Old. 502 read !>y title only - First Reading CC-91 Paa. 14 Orcl. 495 s.c-cI IIAtatIløa Crd. 495 enacted Old. 498 Second Beading Ord. 498 Enacted I . . JlPl U~S OF TIlE AUGUST 2, 1971 c:nr (XIUIICIL KEETIJIG UlAllCES '& S.cond reacliq of OJ'dil .. .. 495: "AD Orcli_ of c-. CiC7 of CupertiDo .pf. rr -0- 1 of OrcliDance 10. 2 ., hll-il~ . Certain PortiOß of c-. G.. ~ fre. County JIL (L1abt T-.... ..J.a1) Zone to City JIL (Lf8lat f - - .Ja1) Zone; 0.41 Acre tøc..... Southeast Comer of Co. . .' .... .. aDd blperial A4 .- - lead by Kayor Jroe1. & ... by Counciblan St...~_. . ·w by Cov.4ciblan nUleraU to ..... OrdiDaDce 110. 495 real ~ dde only aDd the Mayor'. 1'--"iI. nt constitute the Secood· -, w- ØES: -.:s : Councilmen riUler~. 7rollcb, Irvin, Stotu, Jfayor Jroe1 lIone Jføtiøa ~, 5-0 awed by Ccundlman Stokes, secoaded by Councilman Fitzgerald to e:act OTdi:tance No. 495. .u!:S : JDES: Ccundlmen ritzgera:.-:. Frolich, Irvin, Stokes, Mayor 1Ioel Soce Mot1= carried, 5-0 31. Seco~¿ r~ading of Orèi~ So. 498: "An Ordinance of the City cf Cu;,u:ino Amending Seo::i= 1 of Ordinance No. 2 by "'zoning a Cer:ai~ Portion of :~ :irT of Cupertino frOlll 11-7.5 (Resi':~~:ial Single-!&~';':" 7500 5q. Ft. Lots) to P (PW:DK Devel~¡.'=..nt) with t:se ~:e:>c'Ad of a 31-U"it Resideutial 5141le- family Cluster Develw> ---. Approximat.ly 4.6 Acres I~tecl Easterly of and Adjace:: :: Blaney Aver.ue, Approxilllate1y 500 Feu Sorth of Herr::':: IIr1ve." -- Read by Kayor l(oel. !l:ned by C,Junc illllan Stokes. s.econded by Councilma1\ Irvin to have Ordinance :>,J. ..98 read by t:'::. o:üy and the Mayor's readiDg to :ccstitute th~ Second Readløc- AYES: JD£S: C,::u:-,cillllen ritzgera:.-:, Frolicb, Irwin, Stokes, Kayor IiMl Sone :iot1= carried, 5-0 !løved by C~uncilma~ Stokes, ~ed by Councilman Irvin to eøac:t ~d1ûàn~e So. 4~8. AYES: JaES: C.::uncilmen Fitz~era:.-:, Frolich, irwin, Stokes, Kayor Soel None Hct1.oaa carried, 5-0 . . . _~ OF 111£ J.IICUST 2, 191:1 c:rrr CXIOIICIL MEETING í~ 3L Sec01Id r-~fl\l \If Ordf- - . -... 496: "An Ord1DaDce of tile City of Co.foertiDo 1IR.....f~ 1 .f_ 1 of Ord1DaDce 10. 2 b7 huoniJlC a Certain r~ fII. £be Ccnøaty fro. Ccnøaty a: (~.J. a-rc:1a1) ... t! "7 111-10 (les1dent1a1 Sf..J- .. t.ily 10.œo Sq. Ft. 1.oÞ) 'T' -"- to City OG (CeDua1 c-. , ·..cial). aty BQ (qr.~ t -"...... Ja1W1ø&.) ... City T .. err.."" .t4ioQ) ZøDa; ø;,~..aau toeated SouthIMsc QuII_ 01. tile IDtal:.r 00_ of ....tud Jø8AI aIIII St·t1f~ 1INcJ. .. - -.ad by ...,.. . .1 , · - '" c-cn.an Stokes, If ..- b7 Ccnøacilun Irv10 to ..... _...- -ce 110. 496 read by CUle .-17 aacI the Kayor's raaoI1Da to Iftute the Sec:0Dd b.·ft., .aD: -.:5: CoUD':u-D Fltzgerala. Prolic:h, Irvin, Stokes, Mayor Soe1. HODe IIot~ ~1ect, s-o · ..AI by Co==~D Frol1ch, ~ed by Counlibw1 Fitzgerald ~ ~ Ordina:=c Yo. 496. .øz:s : !DIES : Co==~:.:aen Fiu.gerald, F!'olich, Irvin, Mayor Noel Co== ~:...an Stokes KotioG ~ied, 4-1 33. Second n':1ng of Ordinaxe So. 497: "An Ordinance of .... City 0: ::';.crt1no MeÐ41:& :n4inance No. 303 Relating t~ ~':>e Duties ~ Responsibilities of the City Park and lecreat1~ c-1s.::::." - Read üi ~= Sod. · £4 by Cou::=~:.:an Stok.., .e:,cè'e4 by Councilman Irvin to hzo"e ~nce :;~. _;~ read by ti~le cxùy and tbe Mayor's reading ~:: caDStitute t~c Second Readina· Q]:S: WDIES : Cou::=~:.:ae:: Fitzgera14, Frolicb, Irwin, Stokes, Kayor JiOe: S('::l Kot1cn ~ied, 5-0 ....ed by Ccu::.::..::un Stokes. sec:::cded by Coun~ilman Irvin t.o e:::.a.:: ~nce S~_ .;;. ø:ES: Cou:=~:=en FitzgeraLd, 7rolich, Irwin, Stokes, Mayor JiOel Noel WIJES : IIot~ carried, 5-0. CC-91 Page 15 Ord. 496 Second Jtaad1n1 Ord. 496 enacted Ord. 497 Second Reading Ord. 497 Enacted <':C-9J. Page J.6 Ord. 494 r= I , I I Ord. 494 oma,~l:ecI Ord. 467(~; Secoad Readlng . . lIuwn.S OF THE AUGUST 2, J.971 CITY COUNCIL HEETIJIG 3'. Second readiøg of OrdJuøce 10. 494: "An Ordi~ of the City of Cupertino Mieøðf.., Section 1 of Ordinance .0. 2 bJ kc:1aasi- fying . Certain 1'orC1øa of tlv~ City of Cupert1øo tr_ a.-tO (laaideDt1al S1nal....f-fly 10,000 Sq. Ft. LoU) .... a.-lOa. (laaideDt1al Sf"". '"'_f1y 10,000 Sq. ft. Lots vida ~cural Us. remitted) Zoaes tit P (p,.......a Deve1OpM11t) ZoDe; 12.4a± krea Loc:ated lIor~t Comer of the InterHctiaa of S~ Creek Blvd ad St_11f.., 1Iøad." -- led by Mayor 1Ioel. C --11__ Fital.rald ~ froa thb appl1c:atiaa. JIIrHd by Councix- Stokes, Hconded by Counc:1løn Irvia to haft OrcIiøanc:e 110. 494 read by title only and the Mayor's r....ing to c0D8titute the Second p."'f""I'" AYES: Councilmen Prol1ch, Izvin, StouS, Mayor JIoel .-s: Ron. AlSTAIIlED: CounciX- nUI.rald Motion carried, 4-0-1 Jlawed by CouncU:aan Stokes, seconded by Councilman Frol1ch to enact ordinance 110. 494. AYES: Council8el1 Frolich, Irvin, Stoltes, Mayor Noel !IDES: !lone ABSTAINœ: Counc:1l111an Fitzgerald Motion carried, 4-0-1 35. Second reading of Ordinance 50. 467 (c) : "A... Ordinanc~ of the City of Cupertino A8ending Ordinance No. 467 by the Designation of Additional Stop I~ter.ections at Torre Avenue and Rodrigues Avenue and at Pruneridge Avenue and Tantau Avenue." - Read by Mayor JIoel. Moved by Councilman Stokes, seconded by Councilman Irvin to have Ordinance No. 467(c) read by title only and the Mayor's reading to constitute the Second arao.;,lng. AYES: SOES: Council..n Fitzgerald, Frolicb, Irvin, StokeE, ~yor Noel None Motlon carried, 5-0 . . ___on or 1IŒ AIICUST 2, 19n an CCOIICU. 'llt&IDIG . s.-.... IIy c:-. ..::i1aD koku. ..a"'" by CøuDc:1lun In1D to _t " ".~"-CT 10, 467(c). . '.... . ....; Cc' ....41_ fttllluaLt. ~1ich, In1D, Stoku. *Jor IIoe1 -- 't IføcIoD canUel. 5-0 J6. 1b.~ OrIIiDaDce 110. S03: -AD OrcliDaDce of the City of Qlpe"rUDO Desipatilll all !Dforc_t Officer for the City of a.pertillo OrIIinaDc:es." -. ..,... by Kayor Noel. ~ City Attorney had two .ocI1fic:atioøs for Section 1 of Ordinance Do. 503: the additioø of "Acting Bulldinl Offic:1al" and the in..er- CSaD of the vord "his". ~5~1 Ordinance No. 503 vas read in its entirety by the Mayor. ~ City Kanager explained tbis Ordinance would enable a member of the staff to enforce primarily the Sign Ordinance. Council2an Sto&es questioned vhetber this should be tbe Building Official s1.Dce the two are not that closely related. Councilman Fitzgerald qreed. Discussion followed. 1be City Manager said the reaaon tbis bas cOllIe ur is because the staff bas noticed the volume of violations on the weekends. The r~ tbe Building Official vas picked was that he is the person wbo checks to see that the Ordinances are adbered to; that the City ~~Ier vould get in on it before a citation was actually signed. CøaDci1~n Frolich suggested the Sheriff's Office be notified of these violations. Councilman Irvin felt that a citation given by the Sheriff would be taken more seriously. ~ed by Councilman Frolich, seconded by Councilman Stokes to CØI1tlou~ Urgency Ordinance So. 503, vith tbe instructions to the staff to cOllIe up vith SOllIe further recommendations on how to handle the situation. ~il~ Stokes felt that this vas a situation in vhicb we could pat the Sberiff's Department to better use tban running around the City vith Sign Ordinance citations. 1he City Attorney said it _ 101 be a good idea to have s_ecm.e on tbe staff with sOllIe Itnov- led&e of citations. ' Motion carried, s-o ..~~ Noel called for an intermission at 10:07 r.M. The meeting r~ened at 10:19 P.M. 00-91 .ap 17 OtIS. 467(c) -.acted Urgency Ord. 503 read Discussion Urgency Ord. 503 continued ¡ ~ CX-91 ¡ .... 111 , r: . .... 3103 alapted Ùs. 3104 ':opted J.es. 3105 Mopted . e _&A or 1IIJt AUGUST 2, 1971 CI.'IY œuRCIL ruus;ultG ",~~ " '-œ:·"I'IUD . 110. 3103: "A Iaolatt- .feba City Council of thIÍt City of CllpertfJlo Al1ov1na c:.rtata f!I.f_ and 1)--"". .ajàb~ "D the -'U'" frea the ..... _ llaninafter Described for Salad_ and Va.. f., the ..011 Period EDdin& July 27, 1971," - .... ., trUAnr ~Uda. ..... by c-cU- lrwia, .-r-...., by Counc1].Ilan Fitzgera14 to ~ JuolatioD 110. 3103. ØJ!S: mES: .øsDIT : Counc::1laen Fiugera14, Prol1c:b, Irvin, Mayor Roe1 110M CounciluJa Stou. JfoUon carried, 4-0 38. Mo. 3104: "A Resolat~.on of the City Council of the City of Cupertino Allowing Certain Claims and Demands Payable in the Amounts and {rea the lunda as Hereinafter Described for General and Miscellaneous Expenditures." - Read by Treasurec Frolich. Moved by Counc1L~ litzgerald, seconded by Councilman Irvin to adopt Resoluticn Mo. 3104. AtES: Councilmen Fitzgerald. FroUcb, Irvin, Mayor Noel ImES: None ABSERT: Councilman Stokes !totion carried, 4-0 39. No. 3105: "A Resolution of the City Council of the City of Cupertino Declaring Certain Private Properties Within the City to be a Public Nuisance, Under the Provisions of Ordinance 110. 405 Giving Notice Thereof, and Setting Rearing Date Thereon." - read by Mayor Noel. Jføved by CouncUman Frol1c:h, seconded by Councilman Fitzgerald to adopt Resolution No. 3105. AtES: .-s: .ø4JftIT : Counc:UlI8n FiUt¡erald, !'roUch, Irvin, Mayor Noel MODe CouDcix.an Stou. lløtioo carried, 4-0 . . r~ r",' ' "¡' [' L:': . . ___~ ar 'IU .wGUST 2, 1971 an COUHCIL KEETING ... 3106: -. IIaolatloll of eM City Counc:i, of the City of GIfert1Do Approw1D& ..14- ..,. ·t by the State »1'91.1011 of ~... ,. elf a fort1oD of SantoP-S_yvsle IoacI with Certa1D Mi. í t-.- - ....."*,~..._ JIoe1. '.~.',IIL '·1ìIII1It~c.. -fl_ IntD, nu .... by C:oulldJaaD l1ulera14 to ; .. J I JIIIüJ..tf- 110. 3106. .... . "ÀIII: . eco-"- fitaler~. J'ro11ch, lariD, IIayor Roel ...: IIoDe -, : COllllc1laan StoUa IIItCføI carried, 4-0 1IInJIISØED BUSI5ESS 41. J.eviev of Planning ec-1.ssio!.1 and Council Actions related to Develo~t of Foothill AparUlent Complex adjacent to Salem and Alpine Drives. The Director of Public Wor"" said the site plan for the Foothill Apartaent CO=plex ~as approved by the Planning Commission at their JaDe 22, 1970 =eetlng. He said grading on tbe site would require a retaining vall to protect the slope. A transcript of the tapes on this application ~ere sent out to the Council ~eDbers and interested ~ies. Ther., was a 5-foot error made by the architect. The reY1sed plan a~~roved by the Council maintain.,d the roof lines. Ør. Bill Copley, 10257 Oasis Court, Cupertino, said the Planning ~ss1on c;ov about the gabled roof before the June 22nd meeting. #. ai.take waS sad,,; let's rectify as much of It as we can now. He asked the City ~un~il t~ have these pads removed. since no cement baa been poure¿ into the pads and no plumbing is in as yet. The Director of Pubiic Works said the developers have complied in every reapec:t. ~\Q~il:oan Stokes returned to the meeting at 11):45 P.M. Ør. Ccpley sal~ he would like them to bring the pads down to grade or build one-st~ry rather than two-story buildings there. He wante the pads 2 feet lower to protect his view. Dr. Ølatteau, 103~7 Alpine Drive, Cupertino, said it seems to him they are beating a dead borse. Be asked why the Alpine Drive pro- perty owners were not notified of tbe cbange. Councilman Stokes said there is nothing in tbe Ordinance of this City to require B-coatrol decisions to be public hearings. Mayor Koel Hid that if you want to protect your v~ew you should parcha.. everything tbat you want to see. CC-91 Page 19 .... 3106 "tad PC approval on June 22, 1970 Neighbor's complaint H-(;('ntrol public hear ings not required CC-91 P..e 20 atlzens (' -u.an FroUcla said the C1qr .toea the hest job it C8Ø aad .,.. donld ....:. ; ~ at it tàm mat citiesJa the County. Dr. OIattua felC it eaba oa,~ ~ ....'.' the ru, fhUlty of tIIa\,CI.cy Council to Datify ~bvq ....lcil~:;~ected. a-cn..n Stoba -"-.... bow you deteraine 1Ibo 18 to .. ;!;à.A ~ted. It is the r~1ft)' of the dtuca to tnp ua. :J ... 1~ ~.apt affect ~ llayor Noel ..U the staff __ dIIi·· cIne10per lias contoned .. ..~,.th1s:a aalted of bill. IlUlV(ß or m .&!:GUST 2. 1971 em COUNCIL HEEtDIC u. S.,'-f-.. for apprcwa1 01. . revised Exhibit "A" to the "Aar-t for Sher1ff'sfacrol" showing the projected 1ewe1a of sen1ce aDd projected ~te for tbe City of CupertiDo for the FUcaI Year 1971-1972. '!lie City !Iacqu said this . w nt reflects a reduction of "'3c/bour ...s our final H¡ure v1l1 be $20.63/bour. There is no reduc:tioa of ~ices. Exhibit "A" approved ltoved by C---.::>:~n Stokes, seconded by Council:oan FroUch, to approve Exhi:~: "A" to the "Acreement for Sheriff's Patrol". AYES: JIOES : C-",,=,=~ea Fitzgerald, Frol1cb, Irvin, Stokes, Mayor Noel s-:-=~ Kot~ carried, 5-0 JIŒV BUSUŒS5 43. R.equu: ::r water service prior to cons:;:nation of annexation proce.:-..:ra. ;;ater service approved !laved by ,""o=~:.l:Ian Stokes, aecorded by Co"::!:~::oan Irvin to approve re~~a5: for water service prior to _:~.ummation of annexatio:: ¡r:.:o!cIure, AYES: JIOES : C:~~en Fitzgerald, Frolich, Ir~i~, Stokes, Mayor Noel s~ Kotioa carried, 5-0 44. Setti:g" time for interviewing applicants for City Commissions. Boarès ~ Committees. BDved by c.~;:zan Stokes, seconded by Cou~~il=an Irvin to set T~sday, ~;5: 10tb, 7:30 PJK., in the Conf~r~nce ROOIII for interviewing applicants :~ City COIDIIIissions, Boards and C~=mittees. Kot~ carried, 5-0 .. . JUJlUfES OF 11IE AUCUST 2, 1971 CITY COUNCIL MEETING , calSIIT CALENDAR 45. __ . dIOII OF omCEllS 46. City Staff !be City Hall3aer request the chaDae (und for the Parka and Itec:rea- tloD Proarø refunds be iDC:reased from $50 to $100. So .oved by Councilman Stokes, seconded by Councilman Fltzaerald. AYES : NOES: CouncUmen FitzaeraId, Frolicb, Irvin, Stokes, Kayor Noel None Motiün carried, 5-0 The City Attorney introduced an amended retainer schedule. Moved by Councilman Stokes, seconded by Councilcan Irw~n to adopt Resolutioa So. 3037(a). AY!'S: NOES: Councilmen Fitzgerald, Frolich, Irwin, Stokes, Mayor Noel Sone Motion carried, 5-0 47. City Councilmen -- No reports. 48. Recognition by Kayor of non-agenda items. -- There were none. AD.JOUR.\~"\T Moved by Councilman Stokes, seconded b}" Councilman Irwin to adjourn the meeting to Tuesday, August 10th, 7:30 P.~I. in the Library. Motion carried, 5-0 Meeting adjourned at 11:22 P.K. APPROVED: ATTEST: /s/ Clyde L. tloe1 M3yor, City of Cupertino /./ Wm. E. Ryder City Clerk CC-91 'Ige 21 ~ Cbanae fund increased Res. 3037(a) adopted Adjourned to August 10 ..~--~