CC 08-16-71
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t
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I
ern or CUPElD'IlCO. State of California
10300 Torre Avenue, eupertiuo, Californis
Þ1epbone: 2S2-4SOS
.
't, ~,
"VIIS or tBI UGm.tIIlEETIlIG or TBI ClTt C01IICIL
HELD AœUST 16, 19l1, IR THE C01IICIL awøla
crn IIØ.L, curDTDlO, CALUOIIIA
SIUJrI 10 TBI lUG
'De _Una _s called to ordu at 7:29 pa by Mayor Noel with the
Salate to the Flag.
JØLL CALL
COuncilmen present:
COuncilmen absent:
Fitzgerald, Frolicb, Irvin, Stokes, Mayor Noel
None
Staff present:
City Manager Quinlan
City Attorney AJams
Dirertor of Administrative Services Ryder
Director of Planning Sisk
Dir~ctor of Publ~c Works Yarborough
Director of Parks and Recreation Butler
Recording Secretary Lois InwarJs
KINUTES OF PREVIOUS MEï:TINGS
1. Approval of Minutes of tbe regular adjouraed meeting of
August 10, 1971.
Moved by Councilman Stokes, spconded by Councilman Irvin lo ~pprove
the Minutes of August 10, 1971 as written.
Motion carried. 5-0
2. Approval of Minutes of the regular meeting of August 2, 1971.
Moved by ~uncillll8n Stokes, s~conded by Councilman Irvin to approve
the Minutes of August 2, 1971 as written.
Motion carried, 5-0
Cc-93
Page 1
Aug. 10th
Minutes
approved
as writt",n
Aug. 2nd
Minute..
approved
as wri t t..n
w
....
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~CC-93
"'.2
'i~
MIIIUTES OF IRE AUGUST 16, 19'11 CITY COUNCIL MEETING
-l
œHHUNICATICIIS
3. Written
"
~.
,
a. Letter datecl Aapst S, 1971 suhaitted by Dr, Frasalt Brunettf..
!lessrs. Dave DJc aød J_es FOrbea, requestiAI pends810n to b.
beard reganinl the prabl_ of tbe Vest Val1r., Freftllay. They
are residents of S-r..t Square Subdivisicm.
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:/:
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b. A request frea the CuperUno CbaIIIIer of c-rce, dated
August 4, 1971, to have the entire 8IIOunt of the $12,000
contributioD paid in one sua rstber than in partial payments
as durlDa the last fftll years.
c. A rpc!ueBt frea the lIational Cystic Fibrosis lesearcb Founda-
tion, Peninsula Branch Chapter, dated June 21, 1971, for
r~r.:ission to bold a fund s~licitation drive during the montb
0: September. (The reason for the delay in submitting it to
:~e Council is tbe awaiting of clearance from the Public
S~:l~itation ~ission, which has been cleared.)
d. F:~ the Santa Clar~ Valley Chapter for ~lCEF, dated August 6,
:;;7:, requesting permission to conduct the annual "Trick or
::.~~ tor L~ICEF"' drive from Octoèer 22 to November 1, 1971.
:~:> oatter is scheduled for ;he September agenda of the
:~~:ic Solicitation Commission.
e. A :,~uest from the Association of Bay Area Governments,
=,;eJ August 4, 197i, for a resolution endorsing the mcasures
~=::=oended by the RegionaL Co:cittee on Navigation and
:~. E~vironment as desira~le for establishment by Fcderal and
3:,;e Legislature in the San Francisco Bay and Waterways System.
f. ,~:: the Teachers Day Committee of Sant:! Clara County requesting
~ r:~clamation designating Septeober 28 as Teachers' Day
::::ughout California.
g. F::= the Kuh~d University of Islam requesting permissicn
:: rarticipate in a Candy Sa:es Drive. (This request was
:~e:~ed out with tbe Sheriff's Office. These people have
=rerated in tb~ San Jose area before, and the Sheriff has had
:= ?roblems or c~plaints about them to date.)
h. ::~ the Mayor ~f Santa Clara and the Chairman of the Homecoming
~_~ittee, Vang~3rå Paren:s ~oster Club, dated August 3, 19ì1,
~~·.'::ing the Mayor "nd Council to attend a Welco~e Home
Cere~ony for the Santa ClRra Vanguards on Saturday, August 21,
a: S pII.
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1IUIV1&S OF tHE ADãUS'I 16. 1971. em COUNCIL KUTING
1. rn. the Board of s..p.rvúora, dated AøJWIt 4, 1971,
to -1tt1ng a resolution ~ing tbe land use e1_c of
the CaaIICy CieÐeral nasa co alarae the desipated opeD
.,.c:e .... recluc:e r..ideDtial area in the vicinity of
Aruc.lero IÞad ad ...ted, of Pase Hill load.
j. A tnD8aittal notice frea tba Pacific Te1epboae aø4
Tal.. CoIipØJ de8crDiDa the requested, rate lDcr...e.
k. I'roa!ln. I. J. ViDceDt. elated August 1. 1971. apr..siD¡
appreciation for tba plaque pre84!11ted to her for her cOD-
tributiODS as a IUIIber of the Parka and RecnaUOD eo.us-
sion.
1. Flea the Santa Clara COunty Plood Control Water District.
dated Aøgust 9, 1971, transaitting tbe lllinute.. of the
NOrthwest Zone Flood Control Advisory Committe~.
Action by Council on Written ec-unicatiolls:
BDved by Councilman Stokes, seconded by Councilman Fitzgerald to
arant approval to tbe Chamber of Commerce request for the $12,000
c:ontribution to be paid in one SUIII.
AYES:
mES:
Councilmen Fitzgerald, Frolich, Irwin, Stokes, Mayor Noel
None
Motion carried, 5-0
MØved by Councilman Fitzgerald, seconded by Councilman Irwin to
approve tbe request by the Peninsula Branch Chapter of tbe National
C).tic Fibrosis Research Foundation to bold a fund solicitation
drive durina tbe .onth of September.
Motion carried, 5-0
MØved by Councilman Stokes, seconded by Councilman Fitzgerald to
arant permission for UNICEF to conduct their annual "Trick or
Treat for L1\ICEF" drive from October 22 to November I, 1971.
Motion carried. 5-0
Councilman Irwin said he bad read tbe communication from ABAG but
was not sure tbat be could endorse sOlllething that he did not under
atand.
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CC-93
Pase :1
$12,000 to
Chamber of
Commerce
in one sum
Cystic Fibrosis
solicitation
in September
UNICEF "Trick
or Treat"
drive approved
00-93
Pace 4
AIAG recv n
deferred
T-~""r.· Day
Sept. 28th
MuhaDaad
University
of hla.a
continued
Staff report
on ~upple-
mental
Freeway
Agreement
....
MINUTES OF THE AUGUST 16, 1971, CIn COtNCIL MEETIHC
Moved by Counc:llun Stokes, seconded by CouncllllUln In.~ to defer
the requeat by AUG and directed the City Hanager and Coundlaan
Frol1cb to check it out. .
SotioD carried, S-o
Moved by Couac11uD Stow, aeconded by Counc:1baan ritzaerald to
approve the proc~tlOD desl pU1tin& September 28th as Teachers'
Day. '
Motion carried, S-o
There vas sœe d1acuS8ioD about the request by the "',¡, ed
University of Is~ for peralaaion to participate in a Candy Sales
Ðrlve. Councilaan Stokes requested tbe staff to check when they
conduct tbeir drives. If this is on a continuing basis he objected;
if it is a one-ahot drive he did not object,
Moved by Councilaan Stokes, seconded by Councilman Fitzgerald to
continue tbe request by Hgþ2mMed University of Isl....
Motion carried, 5-0
Dr. Frank Brunetti, representing tbe Homeowners of Sommer set 243,
asked what kind of action will be taken by the City regarding
the requested buffer betveen their bomes and the realigned West
Valley Free~ay.
The City Manager said this matter vas brought to the attention of
tbe City Council. He bas been in contact with the State on this
and there will be anotber meeting. He said the Freevay Agreement
was offered to tbe Board of Supervisors on October 28, 1968. On
November 12, 1968, tbere vas a Planning Commission Resolution
recommending rezoning of tbe residential property. On November 25,
1968 the Planning Commission approved tbe Tentative Hap. On
September 19, 1968 tbe Supplemental Freeway Agreement was approved.
Ordinance 423, 'approving the Planning Commission Rezoning Resolutiop
was enacted on Deceaber 16, 1968. The actual approval of the
Freeway Asreeaent c... before the rezoning.
Dr. Brunetti said be bas'received communications frOlll tbe State
indicating they were aware of tbe noise and safety problem. The
decibel rating is 70 and above. Tbe State says the freeway is 52'
froa the property linea. Actual measurements show it is as little
as 37' froa tbe property linea in some areas. They are concerned
because tbere åre cars aDd trucks going by at 60 HPH aad more vitb
very little protection. They would appreciate anything the Cit~ can
...
...
MImms OF THE AOOUST 16. 1971 CITY COUNCIL MEETING
do to belp the boMovDeu in that area. Senator Alquist is also
invesL!aating this problem. The freeway vas not staÎ'ted when tbey
~ed in. Dr. Brunetti was told it vas going to be recessed 20'.
The State bas constructed noise barriers before, so it can be done,
Councit.an Stokes ..1d the Council is concerned and suggested the
no.eowners keep 1D close touch witb tbe City Kanager in determining
saae rectification of this proble.. Dr, Brunetti said they would
like to have the landscaping, but feels a barrier is lIore lIIIportant
'in tbe interest of safety and noise.
CC-93
Pale 5
Keep in touch
with City
Manager
Moved by CouncilJun Stokes, seconded by Counc1b1an lc-;:iD. to
and file tbe written communications.
receive Written COmm.
received ,
filed
tfoUon carried, 5-0
4. Oral eo-unicatiOl1s -- There vere none.
REPORT OF COUNCIL REPRESENTATIVES
5. Transportation Policy Committee - Councilman Frolicb
Councilman Frolich reminded the Council that on September 8th there
will be a Public Hearing on the delivering of State highways to
local jurisdictions. He would try to attend this meeting. The
Director of Public Works will be there.
There will be an atte:pt to get the TPC and Minority TPC to work
togetber.
6. Planning Policy Committee - Councilman Fitzgerald
No report.
7. Inter-City Council - Mayor Noel
Altbougb tbe entire program was discussions of the ESO, no action
vas taken. They are trying to make police exempt from the draft.
8. League of California Cities - Mayor Noel
No report.
9. Association of Ray Area Governments - Councilman Frolich
No meeting.
--_._~._~--
State Hi....ays
to local
jurisdictions
ft;:36
....
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8C-51, ')75 .15
approved
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KINUTE.-i OF THE AUGUST 16, 1971 CITY COUNCIL HEETIlIG
10. Flood Control Advisory Commission - Councilasn Stoltee
110 .eet1nl'
ll. Santa Clara Count)' Waur Commission - CoUl1cibum Stoltee
No report.
12. Solid Waste eo..1ttee of Planning Policy Committee - Comm. Puetz
There was a meeting in July, They are trying to locate an adequate,
Class 1 site, since present sites will be inadequate in ten years,
A five-point report was accepted by the Sub-Committee and will be
presented to the Planning Policy Committee at their next meeting
on August 19th.
P~~lNC COMMISSION
13. Submission of ~inutes of regular meeting of August 9, 1971.
AROlITECTURAL AND SITE APPROVAL COMMITTEE
14, Submission of ~inutes of regular meeting of August 4, 1971.
15. Application HC-SI,075.15 of Vallco Park for approval of site
and architecture for office building and multi-tenant complex,
south side of Pruneridge Avenue between Wolfe Road and Tantau
Avenue. Recocmended for approval.
The site plan was displayed on the screen.
Hr. Walter Ward, Vallco Park Ceneral Manager, reviewed the architecture
of the two-story office building and multi-tenant complex, stating that
the signs and landscapin~ will be reviewed at a later date. Parking
vas discussed. Mr. Ward pointed out the modified per.thouse3 on tbe
buildings whicb will house the air conditioninK units.
Member Adams explained t',e H-Control Nay vote was because the Committee
still did not like the treatment of the louvres around the edge.
Moved by Councilman Stoke3, seconded by Councilman Fitzgerald to
approve application HC-51,075.l5.
~tion carried, 5-0
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IIIBUTES O!' TIlE AUGUST 16, 1971 CITY COUNCIL !ŒETIlIG
16. Application øc-51.0J5.12 of Project Coord1Datou (Karle
Calleuder'8 Piea) Cor approval of .lalld8CapiDs. architecture
aud sip, Cr08aroa4a P "iDs Center. lec· 1D4å for approval
Elevati0D8, site ,laD, .... colored slides of the property _re
tlú¡tlayed. the '1._1__. DireCtor ..id the 8ide of the ...11t11111 will
be toward St.._ Creek 11_. witb the frOllt of the 111111'1111 faciDg
IIo.&w.Ju's. ths 6 z 2-1/2 ... fc. dp will be _tecl OD the
.tructure. this will be tile GDl1 sip.
lfayor Moel asked if ac_ to the traab eoclosure .... been resolved.
The Planninl Director aaU ~, in addition to their orig1Da1
lease, has been JWGYf<!f"d f. a U' drinvsy.
Hr. Bob TllllllaD, 1535 !Ast 17th, Santa Ana, California, said he vas
representing tbe applicant. lie reviewed tbe building _terials for
the Council. The roof is of natural clay orange tile and the fascia
is a sandblasted dark sta1%. Tbe white portions are stucco. Doors
and trim are stained dark t~ satcb the fascia. Tbe air conditionin
units are housed vithin t~A white mass seen on tbe elevation drawin
There will be a raised, l~dscaped planter for small
pl~~ts. They bave placed several trees to screen the
There is 3 green lawn to the west of this property.
trees will be preserved.
shrubs and
service area.
The large oak
Councilman Frolich asked ab~~t tbe status of the landscaping of the
Straw Hat Pizza Parlor in this complex. The Director of Public
Works said this landscapiag issue got tied in with th·' stop light
issue. Hrs.Wood~uff and her architect bave indicated their will-
ingness to cooperate. They vant to do all tbe on-site work at one
time. Petitions are being circulated now and will be back in 3-4
veeks. This project will be completed no sooner than next s~er.
Hr. Tillman said Harie Callender's plans to open in about 6 months.
Councilman Stokes said he vould like to tie the Straw Hat landscap-
ing to this application in order to expedite it. Councilman Frolic
suggested approving the bul1ding tonight and tie the landscaping
to Phase 2 along witb Straw Hat, etc.
Councilman Irwin was concerned about tbe preservation of the exist-
ing oak trees. Hr. Til1=a~ said every effort will be made to save
them because they are an asset to the site.
cc-93
Page 7
Access to
trash
enclosure
Building
materials
landscaping
Straw Hat
landscaping
Councilman Fitzgerald dId DOt feel the landscaping of this applican Discussion
should be held up because of the Straw Hat situation. Councilman
Stokes said it is all under one ovoersbip and he agreed with
Councilman Frolich's suggestion. City Attorney Adams disagreed
vith Councilman Stokes. Even though it is one ownership, each
application should starß on its own merits, COJncilman Stokes said
a:-Ð
... 8
IE-S1,OlS..D
-wrovecl
UlCept for
IaøoIsc:aP1Jl&
Hed¡e ratÍIæ:r
t.ha:1 masonry
wa11
~us:'t con~-;:'-z
na:'¡hbors
;lC-5I,071-2
ap;:roved
.
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IIUIUlr;S OF r:E: AUGUST 16, 1971 ~COUNCIL MEETING
_ are talkùg about a '1- . anelopaent, and each applic:atiOD
affects tbe otbers. Be --- to withhold landscaping apprOYal
føc review of the general axea at a later date. The City oUtomey
~erred to Cow1c11llan St~-.
a._ed by ec-.ciI.an Stokes.
3I'P1'0ve eve".tbing except die 11
--..II by Counc1l1:1an Frol1cb to
-~.ping pn application BC-Sl,OlS.12.
ØES:
mES:
C:c1cillRen Frolic:b. ~, Stokes, Mayor Noel
Coc:cillllan FitzgeraLI
Mot1øa carried, 4-1
17. Appli_~:i~n HC-51,236.2 ø£ Øaable Oil & Refining Company for
apprc.~: ci landscaping =f the southerly property line for
Enco 5i:~,.-ice Station. V"S"'r';~ Avenue and Homestead Road.
Reco=¿::.!~d for approva1.
r~e Planni::~ ~irector shoved ~ original Development Plan and
colored S:~"¿3 ~f the area, ?::~:'ng out the area where the
~plicant .:~:i rather put ~~ :andscaping rather than a :asonry
\-_11. Th~:.. 'd::t to put a ".,¿!'~ L.ong the south property 1 iae,
:'='corporatc::~ :"e existin¡ -:r~5. There is a church on the adjacent
;:roperty.
:':'u'1cilma::, õ::;;'es asked if -:~ ?£,'Ople of the church had bee",
::::ntacted :0 :~is proposal. ~~ applicant said they had not.
~::ved by C:.::::lcan Stokes, ~-=::~ed by Councilman Irwin to con-
::'aue app:c,,::cn HC-5I,235.: æ-,-' the applicant was instructed
::0 get thê :;::::on of the ::e:¡"':'::r:'ng church.
~~-::.~ ::arrled, 5-0
:B. Applc:~:icn HC-5I,073.2 :: _. w. Loub~lin representing Valley
Impr:'¿::~:::' for apprZT~ =:. site, architecture and la::dscapin&
for ::_.,::: r"sident14: ;:r:;to::t to be located at the sc,-"theast
corn,: :: the intersect~ of Riverside Drive and Stevena
Cany::: 3.:aj. RecOl'~:>dæé !::.r approval.
:Cne Plann~::~ Jirector said t~ ~evious application on tbis
~roperty .~; :cr 9 units a:>d vas denied by the City Council. The
owner of t:c; property has s~to rëdesigned the plan for 6 uaits.
Tne site ;:~, landscaping ~~ .~ photographs of the area were
èisplayed.
:!!oved by ::,",,:~ll:lan Irvin, ~""""ed by Councilman Fitzgerald to
approve a;;::~ation HC-Sl,07).2.
MD-:1øD carried, 5-0
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auvu.S OF THE AUGUST 16, 197. CITt COUNCIL MEETING
19.
Application UC-5l,259.4 of George Yamaoka
appurtenance screeøtøa to be inatalled on
leauurant. Portal rlaza Sbopp1nB Center.
approYal.
for approval of aD
the roof of the
RecQlDellded for
CC-93
PaB~ 9
.... rl.,."f"B Director..... Ñ co1œed slide3 of the shoppiD& center Proposal
f.- .Uf_t anal.., A ~ of the proposed screen... abovø
CD tile Counc:11. It... ~_..... the proposed heipt of the fence
1d be suff1c:ient to hf4te the air conditioning units.
Mt.orDeJ J_ Hiller, 352 Sooth llurphy Avenue, Sunnyvale, sai. he
_ representing the applicant.
a..Ñ by Counci1ll8D Stokes, aec:ouðed by Councilman litzgerald to Motion
~ application HC-SI,259.4.
~ .~i1ll8D Stokes sai. th1.s does not adequately screen the units. Discussion
ACtorney Miller said present plans reflect exactly what the Council
requested. He actually prefers to pain~ the units to have them
blend in witb tbe building. Counc:ilman Frolich reflected that they
bad discussed tbe importance of screening air conditioning units
OD new buildings but soae consideration should be given to older
buildings. The fence sbould go all the way down to tbe barber shop
Councilman Stokes agreed, and it vas bis feeling that if it was put
all along the building it should be about 3' high. He added that
the air conditioning units do DOt look as bad as tbe proposed
fence around tbem.
Councilman Irwin agreed with Councilman Frolich, saying we are
setting soaetbing of a precedent in tbat ve will have other build-
iDaB in Cupertino where they will want to put new air conditioning
aDits on the roof. Since Attorney Miller represented Mr. Yamaoka,
Councilman Irwin wanted to ~egotiate with him to extend tbe fence
all the way along the building front.
Ik. Miller said they were appearing at this meeting under protest.
They object to putting any fencing on the roof.
Al'ES :
.:IES:
Councilmen Fitzgerald, Frolich, Stokes, Mayor Noel
Councilman Irwin
Motion carried, 4-1
Councilman Irwin said be voted no because they are dodging the
question. They should give the man some concrete guidance.
Councilman Stokes said tbe fence does not effectively screen the
appurtenances. He wanted to add to his motiQn that it was without
prejudice and tbe applicant is velcome to come back in vith anothe
proposal.
Appeared undel
protest.
Motion
passed
Lack of
guidance
Denied
without
prejudice
f_
Ile
.
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KlNUrES OF TIlE AUGUST 16, 1971 CITY COUNCIL MEETING
COunci1aan Fitzsera1d said he objected to the picket fence. He thought
. .Ud fence would look better. !layer Noel agreed.
1Ir. Hiller sald when he agreed with an extension of tbe fence be bad
_t a fence arouDcl the entire restaurant, not the leuath of the
lluilding dow to the grocery store.
PAIlS AND IECREAfiOl QlllISSICJI
20. (a) Sublli..ion of IUDutes of regular _eting of August 10. 1971.
(b) Ree;·
ndaUona for namiua of park site on Stokes Avenue.
MOved by Councilman Stokes, seconded by Councilman Irwin to continue
this matter for 30 days to allow t1llle for further input.
Motion carried, 5-0
VATEK COHMISSIOH
21. No meeting.
LIBRARY COMMISSION
22. No meeting.
CUPERT1S0 CITIZENS COALS C~ITTEE
23. KISLïES OF MEETING OF Al~UST II, 1971, not available.
PUBLIC HEAJUIIGS
24. Ordering vacation of a portion of Mary Avenue as provided in
Section 8320 et seq. of tbe Streets and Highways Code of the
State of California:
(a) Resolution No. 3110: "A Resolution of the City of Cupertino
Ordering Vacation of a Portion of a City Street Pursuant to
Section 8320 et seq., Streets and Highways Code of the State
of California. II __ Read by Mayor Noel.
.
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IIUWU.s OF T1ΠAtCUST 16, 1971 em COUIICl'. MEETING
DIe Director of Public Works ..U the City Attorney had a otat_t
_ tb1. that WI11d help set tile Kbeclule 111 order. 'lbe State Rip.-
.., c:o.issiOll bas DOt yet acteI oa tb1. property.
DIe City Attor:>ey said that at 8IICh tåe ac the Public Jlear!øgS are
CillllCluded, be r_ndecl the JIiesOlutioo nc.t be recordecl until such
~ as tçrovcents on Mary low ~ baYe been cœpleted.
..... by CouociluD Stolte., ..1:......... by COt1nc:1l111an Irvin to approve
lIesolution !Ie. 3110 and vithboU rec:orcllng until the landscaping is
acc~l1shed .
n.e Director .,f Public Works ..U the development easterly of Mary
AweDue, nort~ of Stevens Creek Blvd., constitutes over 400 units.
After tbe de,"el";>3ent was appro:-,ecl, the freeway was shifted sli:;htly
There is a ~~:' loag piece of property left over. Mr. Avery voulë
li.lte to shi:: :è.e alignment of Mary Avenue and he will ass","" the
costs of t~:5. It would be an advantage to the City by creating
a slightly ~¿::<= alignment of Mary Avenue and getting rfd of this
Tery diffi,~:: .:rip right up next to the freeway.
AYES:
!IiOES:
Cc~=c:_=¿n Fitzgerald, Frolich, Irwia, Stokes, Mayor Soel
SC:".è
Motion carried, 5-0
!!IJ.'UIE ORD~;':
~ed by C,,~=c::=~n FitzRerald. seconded by Councilman Stokes to
vitbhold rr===~ing of Resolution So. 3110 until the landscaping is
acc01Dplish,,~"
Motion carried, 5-0
25. Deter=:=:=g that weeds on specified properties are a public
nuisa.::.:~.
(a) I: ~::i~ed, the following Resolution to be adopted:
Resol~::== ~o. 3113: "A Resolution of the City Council of the
C.ty :: :~~"rtino Orderi~ tbe Abatement of Public Nuisance
Pursu~=: :: Provisions of Ordinance No. 405 and Resolution
No. 3::õ." -- Read by MLyor Noel.
CC-93
paga. 11
œv stat_nt
City Attorney
stat_nt
Motion to
approve
.... 3110
Motion
passed
Landscaping to
be done first
CC-93
.... 12
.... 3U3
.sopt"
Public
!!""rings
close.!
.
.
~&Ait 01' tIE ADGUST 16, 1971 CU'f COUICIL ftUoUMó
.. C1t1 _pr dt_ (I.,. 1øcaCiaIw to 1Ihich this llesolut1oa nfernd.
IL.a4 1Iy CouDc1lMD Stou., ..cu,.... by CoUIICllaan Fitzgerald to adopt
__108 Wo. JUJ,
~: Couøcn-a ritaaera1cl, 1'ro11cb, Irvin, Stokes, Mayor Hoel
...: 110M
lløt10D carried, 5-0
26. (a) Application 18-%-71 of City of Cupertino for prezoniua a
certdn portioa of the County from County HL (Light
Industrial) to City of Cupertino ML (Ligbt Iudustrial).
AF~~~xlaately .068 acre located at tbe southwest corner
of t!:e intersection of Granada Avenue and Imperiai Avenue.
~ Planning ~i~e~tor reviewed the location of the property. The
~ity Council ::~s1~~red prezoning of adjoining property. A map
~s display~~ :~i~ating existiua zoniua in the area.
~ed by Cc=::':::.an Stokes, seconded by Counc1b13n Irvin to close
~~ Public E~~~:'ngs.
~Y£S: Cour.::':=en Fitzgerald, Frolicb, Irwin, Stokes, May~r Noel
~:!:S: None
Motion carrie!, 5-0
(b) ::~s: r~ading of Ordinance No. 504:
"An 0~';:'::.Jn~e of the City of Cupertino """ending Section 1 of
Or<ii~.l~:~ ~. 2 by Prezoning a Certain Port ion of the County
fro= ~:~~:y ~ (Light Industrial) Zone to City of Cupertino
HL (~:'f~: Industrial) Zone; Approximately .068 Acre, Located
i Sout~,~",s: CoJrner of Cra.nada Avenue and Imperial Avenue."
¡ --Rea~ ::y !'..1yor Noel
¡ ~ed by Cou~~il:an Stoke9, seconded by Coun~ilman Irvl~ to have
; Ordinance s.o. 50.. read by title only and that t he Mayor' s Readiua
; CDnstitute t!:e First llead1ua.
r
I
¡ ~ES: Counci::3a Fitzgerald, Frolich, Irwin, Stokes, Mayor Noel
JIOES: None
Motion cs_=ied, 5-0
e
.
__u.o OF THE ArCtST 16, 1971 CITY COUNCIL MEETING
- ..r¡s
%1. th~7 OrdiDaDce No. 503: "AD OrdiD8:1ce of tbe City of
Cllpertino De31pating an EDforc_t Officer for the Cit) of
Capertino Ordinances. It
~ ctt)' ~r said tbe staff rec~ -Dds this utter he referred
ÇD ~ Clty&d.fnf&trator,
So ..0,,'" by CouDcilJlaD Stokea, Gec:onded by Councilman Irvin.
~btion carr ied, 5-0
28. Second Ru=::::¡ ;)f Ordinance No. 501: "An Ordinance of the Cit
of Cuperti~ .~end::ng Section 1 of Ordinance Xo. 2 by Pre-
zoning ~! a Certain Portion of the County from County AI-40
(S1ngle-fa:i:y Residential-Agricultural 40,000 sq. ft. lots)
Zone to P (?:1~aed Develop:ent) Zone with Residential Use
Intenðe=õ A..r;)ximately 43.1 Acres Located Southerly of and
Adjacen: :;) S:evens Creek Boulevard, Approxi=ately 1600 Feet
Veat of :~~::-.:.:¡ Boulevard." --Read by Mayor Xoel
~ by Cou:~::::a~ Stokes, seconded by Councilman Irwin to have
Or~nc:e No. 50: read by title only, and the M3yor's reading to
c:oastitute the Se~~ad Reading.
~: Counc:ilHa Fitzgerald, Frolich, Irvin, Stokes, Kayor Noel
-.:5: None
Motion carried, 5-0
~_-4 by Coun:il~ Stokes, seconded by Councilman Fitzgerald, to
_t Ordinan~e ~. 501
AYES :
.-s:
CouncilDeu Fitzgerald, Frolich, Irvin, Stokes, Mayor Noel
None
Motion carried, 5-0
CC-93
Page 13
Ord. 503 re-
ferred to City
Adldnistrator
Ord. 501 read
by title only
Ord. 501
enacted
cc-93
Page 14
Ord. 502
Second
Reading
Ord. 502
enacted
.
.
IIDIUTU OF TIlE AUCUST 16. 1971 CITY COUNCIL IŒETI1IG
29. Second Reading of Ordinance No. 502: "An Ordinanc:e of the City
of Cupertino Allcnding Section 1 of Ordinance No. 2 11)' PTezoø1Da
a Certain Portion of the Count, frea Count, !II. (Upt IDclutr1al)
and 11-6 (Jesidentia1 Single-faa1l,. 6.000 s~. ft. lots) Zonee to
City !II. (Light Industrial) Zone; Approxbate1y .22 Acre, Lot 347,
Tract 97, Located Westerly of and Adjacent to x.perial Avenue.
Approzbate1y 200 feet 50utb of Olive Avenue." - 1Ie_ b,
Mayor Noel.
lIoYed by Councilaan Stoltes, seconded by Counc:11aan Irvin tc:. have
Ordinance No. 502 read by title only, and the Mayor's reading to
constitute tbe Second Reading.
AYES:
1IOF.S :
Councilmen Fitzgerald, Frol1cb, Irvin, Stoltes, Mayor 1Coel
None
Motion carried, 5-0
Moved by Coua~:¡:a~ Stokes, seconded by Councilman Irvin to enact
Ordinance ~. 50:.
AYES:
SOES:
C~u~::.=~~ Fitzgcrald, Frclich, Irwin, Stokes, Mayor Noel
Sane
Motion ~arried, 5-0
U:SOLlrnoss
30. No. 310:: ".\ Resolution of the City Council cof the City of
Cupert i~.~ ,\: :,'wing Certai" Claics and Dem.Jnds Payable in tbe
Amounts ~~~ :r~c the Funds as Hereinaftec Described for
Salaries ~~~ ~3ges for the Payroll Period Ending August 10, 1971."
Hove.J by Cou,,,. :"'-l:1 Fitzgerald, seconded by Counc llman Irvin to
'~opt Resolu:i~a So. 3107.
AYES:
!IOES:
Council=e~ Fitzgerald, Frolicb, Irwin, Stokes, Mayor Noel
None
Motion carried, 5-0
31. (a) No. 3103: "A Resolution of the City Council of the City
of Cuÿertino Allowing Certain Claims and Dema~ds Payable
in the A:ounts and from the Funds as Hereinafter Described
for General ..nd Miscellaneous Expenditures," -- Read by
Treas,rer Froltch.
.
.
IIDIUtES OF n¡¡: AUGUST 16, 1911 CITY COUNCl:' MEETING
CC-93
Pag" 15
IIøwed by ç.,..ncillllan Stoltes, aec:oocled by CouncU_n Inr1n, to adopt
JIIMolut1ou 110. 3108.
les. 3108
adopted
A11!S :
-.s:
Councilaen Fitzgerald, Frol1ch, Irwin, Stokes, Jfayor IIoeI
lIone
;¡
IIotloø carried, s-o
(b) 110. 3112: "A l.esoluUon of the City Council of the City of
Cupertino Allowing Certain Cla1as and DeR."ds Payable in
the Miounts and fro. the Funds as Hereinafter Deacribed for
General and Miscellaneous Expenditures." - Read by
Councilman Frolich.
HøYed by Councilman Stoltes, seconded by Councilman Irwin to adopt
J.eaolution So. 3112.
Res. 3112
adopted
AYEs:
IIOES:
Councilmen Fitzgerald, Frolich, Irwin, Stokes, Mayor Noel
None
Motion carried, 5-0
32. No. 3109: "A Resolution of the City Council of the City of
Cuperti~~ ~aking its Order Describing the Boundaries Designated
as 'I=~rial 71-7' to be Annexed to the City and Crdering
Annexati~~s to the City Without Public Hearing as Provided by
Law." - Read by Mayor Noel
(Subject property prezoned by Ordinance No. 502)
IIoved by C~~cilman Stokes, seconded by Councilman Irvin to adopt
l.esolution s~. 3109.
Rea. 3109
adopted
AYES:
øoES:
Councilmen Fitzgerald, Frolich, Irwin, Stokes, Mayor Noel
X~~e
IIotion carried, 5-0
33. No. 3111: "A Resolution of the City CoucH of tbe City of
Cuperti::" Setting Tax Rates for the Fiscal Year 1971-1972."
The City Xa::aser said that altbough the completed assessed valuatio
figures fer the City are above estimated figures, he recommended
the tax rate as es.ablished at the time of budget hearings. The
new figures i~dicate an increase of approximal, ly $16,800 over
aoticipated revenues. A portion of this has already been encumbere
by the funding autborlzation for the Ranger Program. We are now
working with other cities in tbe County to utilize tbe new Manpower
œ-93
í~16
"'
t
..D11
r ..·Lf t"
.
..
IIlI11IES Of :u ADGUST 16, 1'71 CITY COUNCIL KEETIIIG
"'rgellCy .t.c:t to ..,1oy peapla !II wbicb the local &ove~t. __t
....Uc1pat. 1a tJae _c of lOZ of the salaries. If we are elilible
... tJae _i.. an forc"c .~. _ could apedite cenab pl'oar-
_It .. tile coUf1cac1œ of ... ori1llallœs. apcIatilll oar I_ral
.la and park tate.:.. I res ~ ¿1. the aplo,-nt of acld1Uoaal people
..s.r tb is act.
.... by c.:..mci1uD sco.... SIC 11ed by CouncUUD IrvlD to "opt
Þeollltioa 110. 3Ul.
&YES:
mES:
c..~im.n nupnlj, FreIlich, Irwin, Stoltes, Mayor IIoel
S:-ce
Jløt10D carried, 5-0
miFINIS;i!.: ;~'SUŒSS
34. A :.::.~ fr~ Robert P. Mc~...e, Attorney, regarding Earl Gregory's
a't:':1:<~n for a Lu11d1ag permit,
I. !he Ci:, ,,,:::r::ey said the 3u11ding Code d"es authorize the Building
Inspect:~ :: ~~quire suc~ a soil 1nvestigati"n. Part 16 does not
have t~ ~¿ :~~:udcd.
,
! 11Ie D;~,':::~ :f Public Wori:.s agreed there should be a parcel cap
¡to leg::.-::' the property s.lit. There sh"uld be a solI report.
.Utornc ':'..l::"e. 3600 Sa::£ :f }o:erica Building, San Jose, said there
is no ,::, :C:: '~ith parcels :7 aa¿ 18. !lc ""uld like to hold off on
parcel,:, ,e would li£e tc discuss that "ith the staff.
Discus.~.::: 0:': I The ~i:' -:::"::ey upbeld t;:e Building Ins;>ca"r such that there should
~.cesslt! ~f be a .~,:;:.. .ell report =n parcel 16. The Dircctor of Public Works
soil ~e;...~t á.IJ t·" ,-::~e property, i:::=l-~ding parcels 16, 17 and 18 should be
conslde«;
'.rai t !:~
Lots i7 .. :!
only
Kov"d ~. ::_:,::llman Stokes, seconded by Councilman Fitzgerald, to
upheld :" ::.itlon .f t~e Building Inspector fer the property owned
by Ear: ::c.:ry, but authorized the issuance of such 3 per=it on
record!:::: :f a parcel ~p for Lots 17 ~n¿ 18 only. Ibe re~uirement
for a s:::. ~cport shall be as deemed under the provisions of the
City Or~i:....:'::e.
AYES:
NOES:
::'.::::Umen Fitzgerald, Frolich, Irwin, Stokes, Mayor Noel
~::':.
Kot1on carried, 5-0
.
.
JlLMJSz.S OF TIlL .\!.""CUST 16, 1971 Cl:rt COUNCIL MEETING
.. City Ka~r reintroduced tile ~ter relating to. an appeal by
Wk. llartvicltsoa froll tbe \1_....1 _ a building per.rlt. The Cit:y
r 11 afU..... that no buJ1d',. pen1t was to be issued UDtn
.-J~ tbe r~red street ~&__ .t. are constructed or a
....-ul Perf:IrSJJXe Bond for _ Ú posted.
So _eel by Comc.illllan Stote.. r, -·ð by Councilman Irvin.
Kot1øD ~__, 5-0
JIÐl BUSINESS
35. Bequest~: ~onsanto COIÇ-:r for permission to locate a tea-
porary o::':~ trailer frcœ ~S~ 16 to De:~~ber 16, 1971, ~
their sit. :~ Bubb Road ~ ~t Valley Ind~$trial Park.
Sc: DO>"ed by C:-=.::l:nan Stoke>!, _:o:><ied by Councilman Irwin.
Kotict' =ri~d, 5-0
3t>. Request:: ~,:"ert K. Erv'-,!: t,c :cntinuc a ,:,~,·iously gra:'t"~
defern:.e:-.: :: :hoi! req'.;:r~~~:' -:: ~onstruc: ~ "'::Isonry ~2:: :.::
connect::-_;::a appro',a: -:: :e::tative Har :5-nl-68, gra::te:
on July::. :oò8.
A:. a=ea map ~-...> : :$?layed. ~ _ ~,,=t Erving $,.:.1 he h3s a:"
~t~te for :::'>truction of t::..e =e:;u:red 6' a:~:: " 611' lc:"g
_~ry ,wall:::, ::2,000. ¡;e ie: t t:'e reast'n fC':, this stan¿a=:
c.~2:tion wa~ ¡ ~:.tcr of prac:~=-~a.l::t.: and wag 'i~t¿nded to rrc~~:.':
re5~~~ntial t';:;,~:":y from the =':'5&:lCe of any ar..;:C'~obilcs nE:X:' :.:
ú-e:= propert:H, He said tè... ..:; c::.:ng prorcny owner is g:>i::g tt
c.o--£:.ruct ca~¡:'::s along the. ~=:~e l~ngth of t:::s property. -..
seen.t:d to hi:: :: y"u alrcady ~e :arports and C3rS, it 15 ~ct ~5
i! y=,u had k-.!.:.:-.-;.:-.!s buttl:"g ".:.-; ~pi:.st his rr......r~rty. He :el: ::-~..
a&S-=ry wall ",,_~! be more <;::;:ç.t1y than to lc.....~ it until ¡:é:':ë:S
A .-.~ C arc ¿¿-:::::p~d. He c~':¿ u s:'milar sit1.:.1::ions the ^-=":~'i:
1= .."d Sa."IÒC'>. :;e respec:f",::y =e:;'-,,,sted tho> ,.,.111 or any ;:art ::
it t.<; be const:'_~ted at such :~ u ¡:arcels A ..:oj Care dc-:;,::;:"::.
c.o.:::.:ilman St:.t$ said reslde"t~: is being de""lvpcd bchin<: :-,:.n.
n:.e Adobe In,,_.!> in existance :.e,:c=e the enact::""l of thc
~c!~..nce. S.>:::·:'s will have a ~' a&5onry"all. The City Cco,¡::..:::
ve:::~ along \¡·i:.: _-.~s request tc :k'fer tbe vall u:-:.:.i1 such t1~ a5
ðe-relopment ,,: : c<! property Ò...;, "_.A hiD. Counc::=.111 Slokcs suu;e5te
be Cet a cou~:< :f other quoces Þecause $12,000 $eems high :or t~
job.
CC-93
Pace 17
Bartvi.::ltson
appeal
Temporary
office
trailer
Request to
postponc
masonry wall
r 0;- ~3
race 18
,
r~~ ....
!'
¡
,
!
r..CC meeting
?=o¡;er~y
u::r-....a::ge
.
.
.....n.s OF THE AUGUST 16, 1971 CITY COUNCIL HEETIHG
"'_4d by Counc:1lIIIan Stokes, secoaded by Counc:1lman Frol1ch that the
~oot masonry wall conditioG is to be enforced.
.aD!S :
~:
Counc:lleen Pitzaera1cl, lrol1cb, Irvin, Stokes, Ka1ar 1(oel
None
JIoCiuI carried, 5-0
~ <:AI.E2\Da
, 31 . None
DJ'ORr OF Orr¡CERS
31. City Staff
~ ~he Augus: :2th meeting 0: :he Peninsula Division, LCC, a proposal
vas submitte¿ 0, Pacifica to amend the sales tax distribution from
poi~t of cnl:e::ion to popule:ion, but was defeated. An amended
~esolution :0 :~auge to a ~e5~5 which includes factors of assessed
Tal~tion, r...¿, and pepula:~~ was passed in a close vote.
~~e City ~~¿f<: requeste1 a~ executive session with the Council to
:~scuss pass:::. acquisitic~ :: the Lutz property on Mary ^venue
~r~ugh exc~¿~f. of preperty ;rêsently ol<ned by the City at Pasadena
...... Granada ';';."ue, and o:her -..aluable considerations.
~re were r.o further repor:s from other members of the staff.
3~. City Co~"oilmen
~cilman F::::ch called a::e:tion to two bills presently in process:
~~ 2622 and A3 2294. After s~e discussion, the City ~~nager was
~e~uested to <xpress to Se~::~ Bradley the City's opposition to
~ 2622 and a:5~ to express :~e City's protest to the appropriate
Senate Commi::." on AB 2294.
Mayor. Noel c~::ed attention te the fact that the City has twO repre-
s.ent.\Uves i:: 3aseball \icrld Series this year. The Cupertino District
.. American r.._&ion Team :5 ~~ged in the World Series in 'Florida.
The Cuperti"o Little Lea~\1e Team has advanced to the seQi-finals and,
~ successfu: there, wl11 travel to Pennsylvania for the Little
~gue Worlå Series.
.
.
MINUTES OF THE AUCUST 16, 1971 CITY COUNCl~ ME~ING
Mayor Noel s~id the CriainaI Justice Committee requests the City of
CUpertino to submit a naae' :he Drug Abuse eo.aittee. It .hould
be one of tbe elected officials. Both Counci1.aen Stokes and Irvin
YOlunteered. Coundlllan Stokee deferred to Councll11an Irwin, due t
bis previous work with underprivileged children.
40. Recognition by l'.3)'or of non-agenda itCIIIS.
:Mrs. Ann Anger, Hoota Vista wanted to speak about: AB 2294. She
said mobile hODles do not pay property taxes, only on the land vhere
they are located. ,She said the County gets $199,000, the school
districts get $199,000, and 15 cities get ~164,Ooo of tbe total
half million dollars frOll mobile homes.
ADJOURNMENT
Moved by Councilman Stokes, seconded by Councilman Fitzgerald to
adjourn to an Executive Session at 9:34 P.M.
Motion carried, 5-0
Meeting reconvéned in tbe Council Chamber at 9:51.
Moved by Councilman Fitzgerald, seconded by Councilman Stokes to
adjourn the meeting at 9:51 P.M,
Motion carried, 5-0
APPROVED:
/s/ Clyde L. :¡oel
Mayor, City of Cupertino
ATTEST:
/s/ wm. E. Ryder
City Clerk
cc-93
Page 19
Drug Abuse
COI'IIIIittee