CC 09-07-71
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cn'! OF CUPE1TINO, State of California
10300 Torn Avenue, CupntiDO, California
Te1epboae: 252-4505
IWIlltts or till IEGIJLAR HEETING or THE CITY COUIICIL
HELD su....-n 7, 1971, IN THE COUNCIL CHAHBEIl
CIft uu., CUPERTINO, CALIlOBNIA
SALUTE 10 THE FLAG
'!be _eting vas called to order at 7:30 P,H. by Mayor Noel with
the Salute to tbe rlal.
lOLL CALL
Councilmen present:
Councilmen absent:
Fitzgerald, Irwin, Stnkes, Mayor Noel
Frolich
Staff present:
City Manager Quinlan
City Attorney Adams
Director of AdQinistrative Services Ryder
Director of Public Works Yarborough
Director of Planning Sisk '
Director of Parks and Recreation Butler
Recording Secretary Lois Inwards
IlIII1ITES OF PREVIOUS MEETING
1. Approval of Minutes of the regular meeting of August 16,
1971.
Moved by Councilman Irvin, seconded by Councilman Stokes, to
approve the Minutes of August 16, 1971, as written.
Motion carried, 4-0
COIIHIJIIlCATIONS
2. Written
a. A request frDa Hr. Edward S. J. Cali, dated August 26,
1971, requesting application 7-~71 be placed on this
agenda for action by the City Council. Council action
is required to place the Tentative Map application ba~k
on the alenda separate from the zoning application p~nce
C(:-94
PAge I
August 16
Mir.utes
approved
7-121-71 t.O M
1t_ 47" _ ~his
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III1W1'ES OF THE SU".I~__n 1, 1971 CITY COUNCIL HEETDIG
previ~ .c~foa 117 the Council determined tba~ 7-'lH-71 and
7-Z-71 vould .. Kted upon after Public 1leariD¡ on 7-Z-71.
b. A requea~ fna"'. Zdvarcl S. J. Cali, dated Auauat 25, 1971,
tba~ appl1catfoa 1-Z-71 be placed On the aaeøda for this
_tina. Ik. CaJJ. vas advised tbat this 1t_ _t be r...
..rt1aecl b~- .. Public Hearing is required aud it had
been r_ed fna the a8enda. Public Hèarins has been set
for 7-Z·71 _ Sepu.ber 20, 1971, and Council ratification
of Chi. i."requested.
c. An sppeal, dated August 24, 1971, frOlll Barlow Brills,
Director of -.al Eatate for Herfy's Corporation, and an
appeal dated Aupat 26, 1971, from Hr. Robert A. Cavallero
relating to the denial by tbe Planning CoIIIII1ss1on of
application 19-c-71. Public Hearing for 19~71 has been
set for Septe.ber 20, 1971, and Council ratification of this
is requested.
d. lequest frDa !!t. Seal Thornley, of Cupertino Lumber Company,
dated August 23, 1971, for permission to bold an auction
at 20195 Steve--s Creek Blvd. The staff recommended t~e City
Council authcrize the bolding of this auction on September 22,
1971, by Irvi:¡ Rabin Company, 678 Mission Street, San
Francisco, vi:: s,1d authorization made pursuant to the
Business Lice:5i:a Code.
e. A request fros :~ United CerebrQI Palsy Association of
Santa Clara Cc·~:y, dated August 12, 1971, to conduct its
annual campai¡:, ~plication has been made to the San .Jose
Public Solicita:ion Commission on August 3, 1971.
The Director of AdIIIinis:ra:ive Services stated there were three more
vrftten c~nications =u: t~.t tbey referred to items on the agenda
and w~~ld be intrcduced a: that tillle.
Hr. Don Bandley, Realto~, vas present to discuss application 7-TK-7I,
Moved by Councilman S:o,-s, seconded by Counciiman Irwin to place
application 7-121-71 on :~s agenda under UNFINISHED BUSINESS, it~
47A.
Motion carried, 4-0
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IILWUU.S OF T:'.! S!.."!E.'IBER 7, 1971 ern com¡CIL MEETING
a_.Å by Cou:>c:ilJIa:I Stokes, seconded by Councilman Fitzgerald to
.. hbllc Bearing for appl1~UoD 19-U-71 for September 20, 1971.
Køt10n c:arr1ecI, 4-0
.. ... by C-ilman Stoltu, r- ,.... by Councilman Inin to re-
- _tiN at.:~~i~tion 7-Z-71 for hblic Bearing on September 20,
ØJ1.
Kotion c:arr1ecI, 4-0
.. ... by ~U2a~ Stokes, sec:ooded by Councilman Fitzgerald to
1vorize tM ~clding of an auction by Cupertino Lumber Company
_ Sept_her :2, 1971.
Kotion carried, 4-0
3. Ora: ':=unicat1ons
Jkyor !(~l r..~:¡::i:ed Mr. Dick KcE.:.veny, 1573 Dan Romas Way, San
~.
~. McElven, :~~~e~ the City Co~:il for their recognition of ch
Cupertino ~ri:a:: Little League, ~+.o recently won che California
SLate Cha:r::::5~~, in San Be~ar¿~o and Discrict 44 American
~ctle Lea~~.. .~: .on tbe lig Le...~e World Series in Ft.
~erdale. ::~:i:3 after wi::i::; :~e WesCern Regional Champiensh
held in San:a ::a:a. He in:rod"c~ Manager Don Falkenhagen and
Coach Don ~¿::~¿::~urg.
~. KcElven~ :.:: it was in order :0 hold a banquet for these
~eball p:¿:.r5 and, in view of :~ fact the City was not able
~ grant t~.:: r.~~est for :~eir :~~d r&ising project perhaps the
City could 5" :i: to help :inanc~ the banquet. The City Manager
ðeferred t: :::e C::y Attorn~y, ~~= said this is good advertising
~or the Ci::. L::: i: 't takes Sl~~ to put on this banquet it is
lesal for t~! ~~:y to par~icipate-
Baved by C:~:::i:~:: Stokes, sece~ed by Councilman Irwin to
appropriate S::è :: Cicy fu:Gs fer the September 18th banquet
for tbe ab:~.-r.£.renced Li:cle League teams.
nES:
JIOES :
.ASSENT :
C:~:::i:=.n Fitzgerald, Ir.in, Stokes, Mayor Noel
~:~~ -
C<~:i~n Frolich
Motion carrie¿, 4-0
CC-94
l'ag~ 3
19-tJ-71 set
for Sept. 20
7-Z-71 set
for Set-t. 20
Cupertino
LUlllber Co.
auction
authorized
$100 for Littl.
League banquet
cc-94
Page 4
Open Space PlAø
to be resa1wed
by June '72
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KmJ'l'ES OF THE SEP'lEMBEIl 7, 1971 CITY COUNCIL MEE'naG
IIayor Noel said the Area 18 qtdce proud of the Little League t_
...a wanted to congratulate tJMa.
alOl1' or œUlCCIL REPRlSIftAUftS
4. Transportation Policy c-1ttee - CouncilJun lrol1ch
Councilman FroI1cb vas 111 IIDII aøable CD attend this _et1ng.
5. Planning Policy CoIDittee - Co1mc:Uun Fitzgerald
Councilman Fitzgerald said the 21-.an Sub-Committee of the pIAnnf".
Policy Committee bad met the previous Thursday to discuss a proposed
Open Space Plan, wbicb _t be adopted by June of next year.
6. Inter-City Council - Kayor Noel
Mayor Noel said there had been a brief meeting but no issues were
resolved.
7. Leagee of California Cities - Mayor Noel
T"r.ere was no meeting.
8. Association of Bay Area Govern:ents - Councilman Frolich
Councilmar. Frolich was absent, due to illness.
9. Flood Coatrol Advisory Commission - Councilman Stokes
1Lnere was no meeting.
10. Santa Clara County Water Commission - Councilman Stokes
There was no meeting.
11. Solid Waste Committee of Planning Policy Committee - Comtt. Puetz
Coomis~ioner Puetz did not attend this Council meeting.
12. Drug Abuse Committee - Counc1l1aan Irwin
There was no meeting. This Caaaittee will become active the end of
SepteJaber.
e
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_AU OF till Sr.ru.lIDD 7, 1971 CITY COUNCIL MEETING
.. . ""'" CØIIISSICII
u. T' I_toa of IUDac.. of rep1ar _cing of August 23, 1971.
11a. r' I_toa of tU_c.. of rep1ar ..tjourned _eting of
- _ c 11. 1971.
, 14. (II) Apf1!e&Uon 14-'111-71 of Utah ø-es, Inc., for a Tentative
... to cliYtde 4.6 acrn into 31 single-family lots and
_ loc co he beld in c. - ownership. Said property is
located easterly of snd ..tjacent to Blaney Avenue,
apprøa1aately SOO feet north of Merritt Drive.
JI.ec -nded for approval.
JkJored by Councilman Stokes, seconded by Councilman Irvin, to com-
b~ di.cua.ion of items 14 (.) and (b).
Motion carried, 4-0
(b) Application 18-U-71 of Utah H~ês, Inc., for a Use Permit
to allow construction of 31 single-family homes within a
P (~lanned Development) Zone with resldential use intend-
ed. Said property is located easterly of and adjacent to
Blaney Avenue, approximately 500 feet north of Merritt Dr
Recommended for approval.
PlAnning Director Sisk reviewed tl ~roposal by Utah Homes. The
common area will include the wide median strip and front yards.
Maved by Councilman Stokes, seconded by Councilman Irwin to
approve applications 14-TK-71 and 18-U-71 for Utah Homes, per the
Pl£nDing Commission's recommendation.
Motion carried, 4-0
15. Application 15-TM-71 of Norcan J. Nathanson for a Tentative
Hap tn adjust property line. Proposed Parcel I of said
property is located easterly of and adjacent to Mary Avenue,
approximately 100 feet southerly of Meteor Drive. Proposed
Parcel 2 is located adjacent to and southerly of Meteor Drive
appcoximately 320 feet easterly of Mary Avenue. Said propert
is in an Rl-7.5 (Residential Single-family) Zone.
Recommended for üpproval.
CC-94
Page S
Combine items
14 (a) and (b)
Utah Homes
14-TM-71 and
18-U-71
approved.
Utab Homes
=-94
!h&e 6
!:-'Dt-71
.¡¡'1'roved with
=>ndit1on8
·~J.chanson
:'>51,236.2
,,';¡roved
"..::c 1e 011
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JmIU'1'ES OF I1!E SEPTEHBU 7, 1971 CITY COUNCIL MEETING
tile P1aDn1D& Director reviewed the applicant'8 proposal. In order
CO adjust the proper~~ line to keep it from b1sect1n1 the aisUaa
J_ Ilbl unit, the applicant __ required to file a ,new lenut1ft
Ifap. This vi1l correct "an aist1D1 111ela1 situation. The P).....f.
C tuion rec:~ed the 14 standard conditions plU8 the c:oad1UOG
tJaat: the rear propel:ty line be -.ed 80utberly so as to realue a
lO-foot rear setback for the ~ fraM residence. The ap¡.licall&
bad DO objection to this.
awed by Counc:iblan·Stoltes, aeconded by Coundlaan Irwin to
approve application 15-~7I, with the 14 standard conditions aDd
Condition 15: The rear property line to be moved southerly so as
to realize a 10-foot rear setback for the wood frame residence.
Motion carried, 4-0
AJt.œITECTL"R.-\:. A..'iD SITE APPROVAL COHMITTEE
16. No meeti~g.
17. Appli~a:i~~ HC-5I,236.2 of Humble Oil & R~finlng Company for
appro~a: ~~ :lndscaping ;¡f the south~.ly ~roperty line for
Enc~ 5~~~:c~ Station, loca:ed at ~ir.e Avenu~ and Ho=estead
Road. ~~o~:~~nded for a~proval.
(Conti~c¿l :rJ~ Council :eeting of August 16, 1971.)
~e PI3nni~~ ~i=eotor revie~ed t~e proposal, showlng colored slides
;¡f the pror~=:Y :r~~ different a~gles. He orought out the factor
that constr~o:i~~ ~f the required masonry ~all may endanger the
existing trees. Th~ Pastor of the r.hUICh on the adjoining property
~dicated t: :~e Director of Planning that they had no objections
to the rec_-==e~~ation of the H-Control.
Moved by ~~~;il:an Stokes, seconded by Cou~~ilman Irvin, to approve
application ~:-5l,!36.2
Motion carried, 4-0
PARKS AND lŒ:3L\TION CG.'!MISSIOll
18. No lIeeti~.
19. Revie~ 0: Development Plan for Somerset Park.
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__u.s or TII!: ~ER 7, 1971 CI:TY coml':lL MEETING
.. rub aDd )!:creation Director said he bad advised Hr, CoI_
.. _ to this _Ung about 8:15 P.K., 80 that is probably the
, lie vas 1IOt present vheo th1a item came up on the a8-euda·
!Iiìi~ector _ Instructed to proceed with tbe presentat1OD.
.. rub aDd JecreaUon Director said he has not received &frY
"cat1on as yet frCla BUD. ~ CoIDittee vill .eet this week
.. KWri.ev our Jl'MU, etc. They are nearing cOlllpleUon of the
." h\1 and vœld like to start the grading, etc.. and then
~lete the parì. next spring. Be ..ked tbe Council for approval
at this Metin¡ :Qr Stage A of Phase I, which would include
pating, spri-"~r system, header board and turf. The Parks and
-.creation ~ssion bave approved the schematic for tbis park
-.1da tbecondi::'=:1 of approval of the families living in back ct
eM park.
~ City Kana~i: reviewed the budget, wbereby $15,000 was allowed
for this park. ~¿ pointed out that we will lose any Federal
participatio~ ~:¿ss we have a letter of intent. Once we have
the letter 0: o::¿:t, we will be considered when funds are made
...llable.
CI~ilman S::'<$ :elt tbe trees should bp. included in Phase I
..Lless there :$ $==' tecbnical rEason for waiting wlth them.
Af~er some d:'$:->$:'~n it was agreed to include the trees.
MDw&d by C~~:::::a: Stokes, seco:ded by Councilcsn Fitzgerald to
app70ve Stage A :: Phase I, including the trees, for Somerset
P,,~'k.
AYES:
.o£S:
Co~,:o~.: Fitzgerald, Irvin, Stokes, Mayor Noel
Non~
Co~:::::a: Frolich
'-SJ'.'"t :
Motion carried, 4-0
1L\TD COM!U5S:::;
20. Submiss:.:::: ~inutes of regular meeting of August 25, 1971.
21. Actions.. .ater Commission.
~ Director ._ ?u~lic Works said they continued the contract
with Kaiser A.:..a:::um. -
00-94
Page 7
110 word yet
fr_ BUD on park
Stage A of
Phase I
$15,000 in
budget for
this park
Include trees
in Phase 1
So:Derset Park
Stage A, Phase J
incl trees
Approved
Kaiser conrract
continued
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,C:C-94
, e 8
.'
"
Res. 3111
adopted
Personnel Code
leducti= of
306 uni~s fr=
present zoning
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Klhvr::s OF THE Su-lÐ111R 7, 19'11 CITY COUNCIL HEETIlIG
LIBlWl! aønSSIOI
22. Svllnl"don of llinutes of regular meet1n¡ of &sgust 17, 1971.
CUPEnIlIO CITIZElS COALS CCHlITrU
23. Subaiss10n of lUnutes of meeting of &sgust 17, 1971.
PER.."'-~"TI BOARD
24. 5~~ission of Hinutes of meeting of August 18, 1971.
25. ,a' Adoption of Personnel Rules on C~ndition of ~ploYlllent.
\~', ~f adopted, tbe following Resolution to be adopted:
;tesolution No. 3117: "A l!.esolution of the City Council of
the City of Cupert~no Adopting Rules on Conditions of
~?loYlllent Pursuant to the Provisions of the Personnel
~.>de." - read by Mayor Noel.
Mo~e~ .' :~uncilman Stokes, seconded by Councilman Fitzgerald, to
a¿~=: ~¿~~lution No. 3117.
Hotion carried, 4-0
pr::::~ ö.::A,.'ŒICS
26. ,a' A?plic~tion 17-Z-71 of Ditz-Crane for rezoning 37.452 acres
:rom R3C-2.2 (~ltiple-family Residential Cluster) to
? (Planned Development) with RIC (Single-family Residential
Cluster) use intended. Said property is located at tbe
southwest corr,er of HOllestead Road and Blaney Avenue.
~ecommended for approval.
The ::a~~ing Director deferred to the developer and his archit~ct.
Mr. :a: 0'Connel, representing Ditz-Crane Developme~t Company, said
the~ a:e requesting a "c!own zone", à'ith a reduction vf 306 units now
al":~a::e on this property. He said this plan is for a series of
ccn:e::in& town house units. They are not to be rentals. He said
they are ~nique in ..ny respects from anything being built in the
County at the present tillle.
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KINUrES or THE SEPTEMBER. 7, 1971 CITY COtmCIL MEETING
.
Hr. O'Connell said tbe 2-car garages for each unit will be under-
¡round. Unit 1 viII include all tbe recreational facilities. He
said they are in aareesent vitb the conditions recommended by the
Pl.noing C~3ion. UP, asked the City Council for tbeir approval
of the concept of tbis development.
Mr. O'Connell said the only condition causing any problem at all
is tbe 2.7 parking ratio, but they have worked this out vith the
PlaDDing Departaent, The units, vith shake roofs, vUl appear
fro. tbe fr"nt to be one-story. Be said the people vill valk up
4 steps to the living room, dining room, kitcben, etc., and then
up a few more steps to tbe batbrooms and bedrooms over the garage.
To Councilman Stokes' question, Hr. O'Connell answered tbat 25%
of the ground coverage is in buildings; 2S% is in parking, drive-
ways. maneuver area, etc.; and 50% is open space which is maintain d
by the Homeowners' Association. Mr. O'Connell added that the
units have 1150 square feet in them.
Hr. Warren Gilbert, 151S The Alameda, San Jose, the architect for
this project, said there will be 13 one-bedrooo and den units,
264 two-bedroom units and 82 two-bedroom and den units. Thcy will
cost in the neighborhood of $25,000. There are 30 units within
each grouping, forming small neighb"rhoods. They have designed
the project to allow for the possible bridge across the fleeway.
Looking at the Development Plan, it seemed to Councilman Irwin
that tbere was less green area than with the previous plan. It
was established that there actually is more green area with this
plan. Hr. O'Connell pointed out that with this plan nobody is
living above anybody else; they have not stacked the units.
Councilman Stokes was concerned witb the 2.7 parking ratio.
This is close to vhat we have In Westridge and we are having
problPllls there. The Planning Director said this layout is dif-
ferent. Hr. O'Connell added that with this plan the guest parkin
is adjacent to the units. He said :;tatistics show that of the
kinds of people who will live in this type of home 59% will have
one car, 38% will have 2 cars, and the balance will have 3 cars,
according to the latest averages from HUD. He added that lov-
priced townhouses produce .75 cbildren per unit. nle Planning
Director said that proposal has been reviewed by the School
District and they figure .25 children per unit.
Councilman Stokes asked what the setback to the freeway is.
Hr. Gilbert said it is about 50 feet. Hr. O'Connell added that
tbeir acoustical engineer recommended a masonry wall and they
plan to put this vall on a mound. The Cupertino Sanitary Distric
has a large sewer line there, so tbey will put up a wall with
moveable panels.
CC-94
Page 9
Underground
garages
Description
of units
More green
area
Parking rario
Children
per unit
Sound ban Icr
'Q:-94
. .... 10
I
1
~
~t:1zen's
:cncern
1.~~':"t-ln
:-".!·::-eat ion.a..l
:.1C i: i ties
.".1011..:
1t!.:1!'!.nas
:::>sed
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KINUrES OF THE SEl'TÐœER 7, 1971 CrrtCOUNCIL HEETIlIG
CoundlJUn Stoke. .aid he was not satisfied with the answers to
his questions. CouacilaaD Fitzgerald wanted to knovøore about
the parkins. Hr. O'Co~ll said tbe guest parking is about 30'
away. Counci1Jlan IrviD aaid we really don't know bow .uc:h land
that freeway overpaes 1& loing to take, at this "oint. Hr. Gilbert
aaid tbey have allowed for what the HiShvay DepartJaeDt baa protlOaed.
CouncU..n Stokea vac concerned about the setba..k when the ..aonry
vall is constructed, Hr. Gilbert said they bave 5 feet tc work with.
Councilman Stoltes vanted to ensure tbat the people who purchase the
units in the vesterly portion are made fully aware that t~e bridge
may some day cross tbe freeway in tbat area,
Mayor Noel asked for comments frOlll the audience.
Hr. R. D. Koenitzer, 10060 Phar Lap Drive, Cupertino, vas concerned
about the statistics regarding parking and number of children.
In dri~ing through the Valley Green and Park Avenue complexes, he
found the larger number of cars were parked in the public streets,
even though the garages appeared to be half or more eopty. Inside
parking oay not solve the parking problems. lie also asked where
the children of the future will live. He was skeptical of the
sur~~Y$ on number of children per dwellIng units.
~r. O'Connell said the common area in the middl~ of this project
is 800' long. It contains so many built-in facilities that it
sho'.11J ditlinate future probleos for the City. The Association
will ensure that the peo~le use their garages.
Moved by Councilman Stokes, seconded by Councilman Irwin to close
the Public Hearings.
AYES:
NOES:
ABSEST:
Councilmen Fitzgerald, Irwin, Stokes, Mayor Noel
None
Councilman Frolich
Motion carried, 4-0
Coun~il:an Fitzgerald commented that he liked the decrease in density,
He would like to see ~Lme more parking spaces but perhaps thi~ is
adequate. There is greenery in the plan. He felt this proposal
should be approved.
Councilman Stokes did J.ot agree with the figure,; on school children,
but the School District has not objected. lie was satisfied with
t~e way the freeway gops. lie was in agrcement with thc masonry
wall. He insisted that the condition be put in 'regarding the freeway
overcrossing if he is to vote for this plan. lie wafi not convinced
ther~ was enough parki~g.
e
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KINUrES OF TIlE SEPTEMRER 7, 1~71 CIT'í COUNCIl. MEETING
Counci1Jun Irvin felt tbere vould be more tban 104 school children,
but if tbe Scbool District did not object be wo~ld go along with it
lie feels there 18 going to be a parking problelll, and he did not
think there would be enoush open space,
Mayor Noel c~ented that once a subdivision is 5 or 6 years old
and when tbe kids grow up quite often the garage is turned into a
1IecIrooa. And the den could easily be _de into 4 bedroom.
MOved by Councilman Fitzgerald, seconded by Councilman Irvin, to
approve application 17-Z-71, subject to tbe conditions rec_nde
by the Planning Commission, and subject to the condition that the
deed restrictions include the statement there will be a 6-foot
..sonry wall on a minimum 2-foot earth mound, and the residents
in tbe westerly portion of the complex will be apprised of the
possibility of an overcrossing.
AYES:
ROES:
ABSENT:
Councilmen Fitzgerald, Irwin, Stokes, Mayor Noel
None
Councilman Frolich
Motion carried, 4-0
(b) First reading o! Ordinance No. 505:
"An Ordinance of the City of Cupertino Amending Section 1
of Ordinance ~o. 2 by Reclassifying a Certain Portion of
tbe City of Cupertjno froll R3C-2.2 (Multiple-family
Residential Clust~r) ?one to P (Planned Development) with
RlC (Single-fa=ily Residential Cluster) Use Intended Zone
Approximately 37.~5 Acres Located Southwest Corner of
Homestead Road and Slaney Avenue." - Read by Hayor Noel.
Moved by Counci~man Stokes, seconded by Councilman Irvin to have
Ordinance So. 505 read by title only and the Mayor's reading to
constltute tbe First Rpadiag.
AYES:
NOES:
ABSEJ.ï:
Councilman Fitzgerald, Irwin, Stokes, Mayor Noel
Sone
Councilman Frollch
Motioa carried, 4-0
(c) Application 12-~-71 of Ditz-Crane for a Tentative Hap
to divide 37.452 acres into 423 lots, in a proposed P
(Planned Develop~ent) Zone with RIC (Single-family
Residential Cluster) use intended. Said property is
located at the southwest corner of Homestead Road and
Blaney Aver.ue.
Recommended for approval.
CC-94
Page 11
17-Z-71
approved
v/conditions
Diu-Crane
Ord. 50S
First Readin¡
'.ClC-94
,. 12
,~.
,~.....
¡:f
, '
....roaa DaIlIeS
of stree:
cause =fusion
. delay:>!
__1.:'.
Citizen·.
CCx.lents
Public ;:"'_u ings
closed
De Anza !.~"d
ap;lrove¿
.
.
KlN11rES OF TIlE SEP'IEItID 7. 1971 CIT'! COUNCIL MEETING
Moved by CounciI.aD Stokes. seconded by Councilman Fitzserald, to
approve applicatioD 12-fØ.71 with the modification to 419 uaits.
AYES:
NOES:
ABSENT :
ecuncit.eD ftuserald. Irvin, Stoltes, Kayor \foel
None
Councimaa I'rol1cb
Ifot1on carried, 4-0
27. Proposed ~ c:hange of Sunnyvale-Saratoga Road to De Anz3
Boulevard.
Attorrey Brian Wilson, 20401 Stevens Creek Blvd., Cupertino~ commented
on tbe confusion caused by many different names given to Sunnyvale-
Saratoga Road. Hail is soaetllDes delayed because of this confusion.
The problem is there are five jurisdictions involved here. The position
of the State is tbey will go along witb the municipal jurisdictions.
The County also agrees. The San Jose Planning Commissioa has
endorsed the name change. He asked for endorsement or a?p~oval by
the City of Cupertino and then go to the cities of Sunnyvale and
Saratoga.
CounC¡:~ln Stokes felt the City of Cupertino endorsed this a year
ag~. Th~ City ~anager s:ated the stafr felt a Public Hearing .as
in ord¿r on this na=e ~ha~ge.
Hr. D. \. Dress!er, 11289 Terra Bella, Cupertino, said he ~ill give
scpport to this rena:oing of the street. lie feels the City is at a
disaåv>~tage at this tL:e, since this is one of the main streets
and t is 'important to c:ear IJp this confusion. Even if t!':e other
Jurisdictions did not go along witb it, be was in favor of na~ing
it ~ Anza Boulevard.
!lo\_.1 by CouncUman Sto:'es, seconded by Councllman Irwin to close the
Public H~arings.
AYES:
NOES:
ABSE.'IT :
Councilmen Fitzgerald, Irwin, Stokes, Mayor Noel
None
Councilman Frolich
Mo::ion carried, 4-0
Moved by Councilman Fitzgerald, seconded by Councilman Stokes to
change the name of Sunnyvale-Saratoga Road to De Anza Bo~levard.
Councllman Stdkes was in agreement with the name chan]e, but is opposed
to having it change only within the City of Cupertino. The Inter-City
Council is against tbis in principle. It would be taki. ' a step
back1óards.
.
.
.
KINUTES OF THY. SEPTEKBEIl 7, 1971 CITY COUNCIL MEETING
AJœNDŒNT TO TIlE JtD'rIœ:
.
lløved by CounciluD Stolra, eecondl"d by CouDc1l118n Fitzgerald
to add to the ~t1om tbat the City Kaaager write letters to the
five jurisdictioaa iØwolyed Tequest1ng fmaed1ate aifiraative
action in this utter.
WTE ON AHENJIŒIIr:
jYES:
IOES:
ABSENT :
CouncU- ftUprald. Irvin, Stokes, Kayor Xoel
None
Councilll8n lrolic:h
!lotion carried, 4-0
VOTE ON MOTION:
AYES:
NOES:
ABSENT :
Councilmen Fitzgerald, Irwin, Stokes, Mayor Noel
None
Councilman Frolicb
MOtion carried, 4-0
ORDINA."CES
28. Second reading of Ordinance No. 504: "An Ordinance of the
City of Cupertino Amending Section I of Ordinance So. 2 by
Pre zoning a Certain Portion of tbe County from County HL
(Light Induatrial~ Zone to City of Cupertino HL (Ligbt
Industrial) Zone; Approxlmstely .068 Acre, Located Southwest
Corner of Granada Avenue and Iaperial Avenue." - read by
Mayor Noel.
Moved by Councilman Fitzgerald, seconded by Councilcan Stokes to
have Ordinance No. 5~' read by title only and the Mayor's readlng
to constltute the Second Reading.
AYES:
NOES:
ABSE1\"T :
Councilmen !itzgerald, Irwin, Stokes, Mayor Noel
None
Councilman 'rolich
MOtion carried, 4-0
CC-94
Page 13
/øenàeDt to
_Cion
Ord. 5(}!'
Second ;u",;in&
CÇ-94
..... 14
¡~
tf· . S06
. tell
<";..,'
.'.:'"
"-'"
t
~
!
lies. 31H
adoptM
_ea. 3115
adopted
~
KItIUTES OF 'IRE S::.dœn 7, 1971 CITY COUNCIL KEETIRG
Moved oy Counci18a:a fttqerald, seconded by Councilman Stokes to
enact Ordinance 110. S06.
AYBS:
ROBS:
.ulSEIIT :
Counciblea nuterald, Irwin, Stokes, Kayor Noel
RODe
Counc:i~ Fnl1d1
IløtioD carried, 4-0
Kayar Noel called for a recess at 9 :08 P .K. The meeting reconvened
at 9:20 P.K.
RESOLUTIONS
29. No. 3114: "A Resolution of the City Council of the City of
Cupertino A11ovir.g Certain Claims and Demands Payable in tbe
Amounts and fr~A the Funds as Hereinafter Described for
Salaries and Vage5 for lhe Payroll Period Ending f.ugust 14. 1971."
__ read by Ccunci1=an Stokes in the absence of Treasurer Frolich.
Moved by Council=¿~ F~:zgerald, seconded by Councilman Irwin, to
adopt Resolution So. 3114.
AYES:
NOES:
ABSENT:
Council:en Fi:zgerald, Irwin, Stokes, ~yor Noel
None
CounciLcan Fr~lich
Motion carried, 4-0
30. No. 3115: "A Resolution of the City Couacl1 of the City of
Cupertino Al:owinl Cer:ain Cia ills and De--3~¿S Payable in the
Amount~ and :r02 :~e Funds as Hereinafter ~escribed for General
and K1scell&:le<><ü Expenditures." -- read by Ccuncilman Stokes.
Moved by Counci~n Fi:zgerald, seconded by Cou~cilman Irwin, to
adopt Resolution So. 31\5.
AYES:
NOES:
AIISENT:
Counci~~ Fi:zgerald, Irwin, Stokes, ~yor Noel
None
Councilsan FrQlich
~tion carried, 4-0
.
.
IIIJIUrES OF THE SBnr.dd 7, 1971 CITY COUNCIL KEET1ØG
31. 10. 3116: "4 IaoluÛOl1 of the City Council of tbe City of
a.,...~LiDO Aøthodziøa the DepartMDt of Geøeral·Sen1ces of
th State of CaliforDia to Purchase Certain It...· - read
bJ JIaJor IIoel.
Øønð by Counc1llllln Stokes, seconded by Counci1maD IJ:V1D to adopt.
!IMolutioo Bo. 3116.
ØIS:
JIOIS :
ØSIIIT :
Coancu- fttqerald, Irwin, Stoltes, ~yor 1Ioe1
lIoae
Counc1llllln Prol1ch
JIotion carried, 4-0
32. No. 3118: "A Jesolution of tbe City Council of the City of
Cupertino Making Its Order Describing tbe Boundaries Desig-
nated AS 'Permanente 70-3A' to be Annexed to the City and
Ordering Annexations to the City Without Public Hearing as
Provided by Lav." - read by Mayor Noel.
~ed ~y Counci1..n Stokes, seconded by Councilman Fitzgerald to
adopt Resolution No. 3118.
AYES:
mES:
ABSENT :
Councilmen Fitzgerald, Irwin, Sto~es, Mayor Noel
:Cone
Councilman Frolich
Motion carried, 4-0
33. No. 3119: "A Jesolutlon of the City Council of the City of
Cupertino Declaring Its Intenticn to Order Vacation of a
Portion of a Public r~llities E~elllent Within the City of
Cupertino Pursuant to Section 50430 of the Government Code
of tbe State of California, Fixing Tillie and place for Hearing
IUId Providing for 5ot:ice Thereof." - read by Hayer Noel.
ØDved ~y Councilman Stokes, seconded by Councilman Fitzgerald, to
adopt 1esolution No. 3119.
AYES:
11015 :
ABSENT :
ec.UI1cillllen Fitzgerald, Irvin, Stokes, Mayor Hoel
None
Councilman Frolich
Motion carried, 4-0
cc-94
rage 15
Rea. 3116
adopted
Res. 3118
adopted
Res. 3119
adopted
CC-94
....e 16
Res. 3120
adopted
Res. 3121
adopted
Res. 3122
~dopted
(:.~e nexc JIA&e)
.
.
IIDIUTES OF mE SE1'TFJIBEa 7, ~911 CITY COUNCIL IŒET1IIG
34. No. 3120: uA ResolaUaa of cbe City of CupeniQO Aøtborf.&iDS
the Execution of aD A&t ·t Between the City of CuperdDo
and the Southern PacU1c Trau1Iortation CoIIpally blat!". to
Certain StreeC Iaprow pa for the McClellan Road eroseiDS,"
- read by Mayor -..1.
ne City Hauger confirMd tllat fimda fOf this purpose vera QOt
budgeted for this year. ~ Director of Public Works statecJ that
$18,487.5\1 from the City vUl toe required for the new Bubb IIMd
crossing and $5,425.00 for the existing McClellan Road crosa1ng,
Discussion foll~.
Moved by Couacilman Stokes, seconded by Councilman Fitzgerald co
adopt Reso:~~ion No. 31~Q ~th the co~dition tbat the scaff is
~structe¿ :~ check on vhether or not the McClellan Road crossing
is in San J~se ratt.ar than Cupertino.
AYES: C"~cilmen Fitzgerald, Irwin, Stokes, Mayor Noel
NOES: ~~::e
ABSEJIT: C::.:::cilman Frolich
Mo:i= =.anied, 4-0
35. No.' '''A Reso:",:ic~ of the City of Cupertino Authorizing
the L'.:~tlon of a:: }~re~ent Between tbe City of Cupertino
and :::è Southern Pa~:'::':: Transportation Compa..y Rela.ive to
Stree: :",?rovements :c-r the Bubb Road Crossing." - read by
May~r ~,Jel.
Moved by ::~::=ilman Sto~s, seconded by Councilman Fitzgerald to
adopt Res:::.::ion No. 3121.
AYES:
SOES:
ABSENT:
C~:.:::cilmen Fitzgerald, Irvin, Stokes, Mayor Noel
S~::.e
C~:.:acilman Frolich
Motion carried, 4-0
36. So. 3:~!: "A Resolud,oc of the City of Cupertino Authorizing
the Lxecution of an Agreement Betveen the City of Cupertino
and ~iser Aluminua and Ch~ical Corporation for the Purchase
of \later." -- read by Kayor Noel.
AYES:
JIOES:
ABSENT:
C:uacilllen Fitzgerald, Irvin, Stokes, Mayor NOel
So:!e
C.ounéilman Frolich
!fotioG carried, 4-0
.
e
JlDWlJ:.S OF tEE SUTDmEll 7, 1971 CITt COWlCIL MEETING
.
.. Direct~r of Public Worka asIreð tbat the previous Resolution
.. _tiMH until tbe next -t.ma aøcI asked tbe City Council to
~are there a-re 110 surplus ....11es at thic dill!.
!i.WÑ by CouncibaD Stokes, ---'eel by Councilman Fitzgerald to
-''''''''uv tbe a!optioo of aa.ol..t1oD Wo. 3122.
MotioD c:ødeð. 4-0
_.u. ORDEJI.:
~ by Cou:~il:an Stokes, secoadeel by Councilman Fitzgerald that
daere are no sur¡>lus supplies at this tiL,e.
Motion 'carried, 4-0
37. No. 3l:}: "A Resolution of the City of Cupertino Authorizing
tbe Exe:~:::~ of Amendment to the Contract Bet~eèn the City
of Cure:::~: a~d the santa Clara r~unty Flood Control and
Water ::.::::: for the Purchase of treated Water."
-- rea¿ ~y ~Ãyor Noel.
~e~ by C~~~::::4~ Fitzgerald, seconded by Councilman Stokes to
adopt Reso:~:::~ ~~. 3123.
LTES:
WOES:
ØSENT:
C~~:::=e~ Fitzgerald, Irvin, Stokes, Kayo~ Noel
1\:::.~
C~~~::::~~ Frolich
Motion carried, 4-0
tlnrINISHED :~;:~35
38. Status :e~::: on Stelling ~ad bikevays and demonstration of
bicycle ::'~:e.
The Direct:: :: ?~blic Works said Cupertino has been joined by
Sunnyvale, ~~: ~as approved this aatter in concept. Cupertino's
~terest i~ ~~:s subject has praeated interest within the Co~nty.
&e may ha~e :~e ¿~onstration route ready by October or November.
!layor Noel "s<-e¿ :Í it would be feasible to have a "Grand Openi",g"
wttb a bit :: :a~Íare. Parks and Recreation Director ~~.ler is
working on :~:~ =~.
cc-94
Page 17
lias. 3122
adoption
withdrawn
No surplus
supplies
Res. 3:23
adopted
Bike route
ready i:>
Oct. or Nov.
.:c-94
?ase 18
-011son Pad
;;a t er cor...-r-
~ion rate
,..ni tary Dlst.
:~~S for ;Jarks
.a:i:r ser,¡1ce
,"uisd ict 10:1
5taff recOD-
::...ods letting
jJWW take it
.
.
IUJIU'IES OF THE SEPTEKBER 7, 1971 CITY COIT,,::IL MEETING
.
39. Status report of California II1gbvay functional class1f1catlOD
.,.st_.
..
!lie Director of Public Vorlta stated be would be at tbe meetiDs OD
tile clay following this Councll _ttøa·
40. Analysis of Sanitary D1s~rict fees for parkS.
ID an analysis of tbe vater rate con.suapt:lon at Wilson Park (exc1uc11D8
landscaping irrigation) it was dete~ned that tbe water demand when
c:oaverted to peak sewerage effluen~ volumes was nearly equal to the
aggregate peak flow from a single f~a1]y subdivision of similar size.
It vas previously considered that the limited use of the toilet
facilities and building in terms of vater consumption represented a
negligible portion of what the equitable single-family area would
consist of. However, since the sanitary sewer capacity is related
to the peak volume and the data clearly indicated significant summer
peaks, it is nece~sary to provide a fee commensurate with the service
during the heaviest flow.
The Cupertino Sanitary District Board approved th~ existing fees
paid for Wilson and Portal Parks and approved applying a fee fo~
~inda Vista P~rk equivalent to the rate of dlscharge of the smaller
parks. Wilson ?ar~ contains about 5 acres anò Li~òa Vista Park
occupies about 11 acres. The Sanitary Board agreed that at such
times as toilet facilities may be necessary at Linda Vista Park that
a fee based upca the smaller park size will be accepted because gross
area of the park d~es not represent the dcgree of use considering
the amount of cp~n hillside space uadeve10ped.
41. Status re~'rt on municipal water service for 94-unit apartment
complex, 21440 McClellan Road.
The developer applied to th~ City Council for permissi?n to join the
'-Ipertino Municipal ~ater System, and permission was granted con-
~ltioned on the provision tbat double rates be.chargeJ since the
de~~lopment would lie outside the City limits. Evidentally the developer
prevaiied on San Jose Water Works to ~hange their policy with respect
to their serving this a~ea, and it is anticipated that an application
viII be made to the PUC requesting incorporation wlthin their approved
service area.
The City of Cupertino can either file a formal. prot.est with the PUC
in accordance with Section 1001 of the Public UtEities Code, or
allov the ¿Irea to be served by San Jose WatP~ WC'CKS. The staff re-
commended allowing the area to be serviced by ~an Jose Water Works
in view ~f the cost of ¡egal ser/ices involved with a fo~l protest
ar.d also because of the facl that b~;h areas in question are ?r viII
be vitb the City Lillits of San Jose.
e
e
JUDUIES OF TIlE SEPTDIBER 7, 1971 CItY COUNCIL MEETING
.
~ #1baan Irvin asked if this wouldn't he setting a precedent.
'De Director of Public Works d1cl not feel tbis was the case; it is
.,....... tbe City of SaD Jose. Be .sked bow we would justify to tb.
lilt the double rates.
a. -lbaan Stokes said an aar_t WB ..de as to which areas
_ ." be best aened by San Jos. IIDII which by Cupertino. Ue feels
_ .-.auld pursue our rights to serve th:,:.s area. This _s sll
_bed at the Uae the Loc:al1Jlp~t District vas foned,
... feels a protest ~!Iould be filed.
._..d by Councillllan Stokes, seconded by Councilman Irwin to direct
~ staff to investigate further this service area matter, based
apDD tbe fact this agreement was established and present this with
tbe protest to tbe PUC.
Motion carried, 4-0
42. Appoint:e~ts to Hillside Committee.
Kayor Noel a~~~ced the Hillside Committee will include one City
Councilman (Cc~~ci:man Stokes), one Planning Commissioner (Chairma
Meyers), an¿ ~~e La)-,oan (Mr. Dressler).
43.
Request :~r Solicitation Permit
Islam f~r a candy sales drive.
.eeting ~£ August 16, 1971.)
by the Muhammad University of
(Continued from City Council
Møved by Co~~ci::a~ Irwin, seconded by Councilman to approve tbis
request for ca~¿y sales since they have set a time limit, which
the Council re~~ested.
Motion carried, 4-0
'44. Suggest~= resolution endor~:ng a measure submitted by tbe
Assoc'atic~ 0: Bay Area Governments. (Continued from City
Coun~il ~eting of Augu3t 16, 1~71.)
~ City Manager said tbe Board of Supervisors have endorsed this.
Møved by Cc~r.cil2an Stokes, seconded by Councilman Irwin, to
.aopt the abo~e-Qentioned Resol~tion.
Motion carried, 4-0
CC-94
Paae 19
Vater ...,lce
-ar- -... vas
MIle
Protest to
PUC
Hillside
C01IIIDittee
Candy sales
OK'd
ARM; Resolu t ion:
adopted
~
GC-94
?~ 20
¡
(
t
'=-"'W1c. IrvtD .
~:"itet: to __
'Ú~r. Hp.dley
':-:sel water
',,:-vice appr
,_.::'tional
,-:- :.:Iyment
",.roved
.
.
~u.s OF I~ iEPTEHBE1t 7, 1971 an ~UNCIL !ŒEfIllG
.
,_ IIISIIISS
-'-
"'~' ·r. t
"
""ã
:8.
"
lequeat fra Hr. v1uùa v. ...ue,. Jr.. for pemU.iOll to
McIreas t1Ie Council 011 tbe..tt.el' of architect's f... fft
dut C ft7 Center Jlpnd....
,.IIIr. lIMley _ ~t at tbe~. Hayor Boe! .illteel bia if
.. ' L
.. J 1d I:e "6. '·".le to vor1úDa GIlt tbe probl....... vith tlRl .- ...&:.
of the City C=-c:1l. Hr. Redley qreed to this.
.~'
,
~.
a._M by COV""·p.....n Irvin, sec:oaded by Councilman Stokes to Met
deJa Hr. \lU: iø. Ii. Hedle:v, Jr., aDd they will contac t bia to
eet up an BP?C:.=.:rent as soon as possible.
Hot ion carried, 4-0
46. Reques: :::- ~ater service prior to consuccation of annexation
proce¿,:,:. (Richard J. Orosel)
Jfoved by Co::::: '.::-"'::' Stokes, seconded by Councilcan Irwin to
approve the .~:::' service request of Hr. Richard J. Orosel.
Motioa carried, 4-0
47. Reques: ::= ~uthorization to 8œploy additio::.al personnel
under :0: ~ergency Emplo~nt Program.
Moved by C:~::c~n Stokes, seconded by Council~a~ Fitzgerald
to author!:: ~=::~~ent of additional personnel ~nder the
E.ergency ~;::::=ent Program.
Motion carried,'4-O
47a. Appli:a:::o ;-~-71, Hr. Edward S, J. Cali (See Written
Commu~::a:::~s Item 2a.)
,
The Planni~g :::¿~tor ~aid the subject 2.17 acres is presently Rl, with
tbe balance :: ~r:'cultural Zone. The applicant ~a< requested the
City Counc:': :::s:'der division of this into 23 s:'::.gle family lots
with the re:~:::~ of :he Cali f~ily home site as presently zoned.
The Planning ~~:'ssio~ recomaeaded this applica::'~n .ith the 14
s~ard c.)::.:::::r.s plus tvo additional conditions.
.
e
e'
IIDII1rES OF !!E SEl'TEHBD 7, 1971 CITY C01r.fClL MEETING
.
Ik. Don la:>lley, 10054 SolIdI tiþay 9, Cupertino, repr_tfDa t
Cali f..uy, requested half-scnet on Clarkston frœ COrDer to
conaer to he btIroved at . J.rer date in order to keep aa .-da
privacy for :!lie Cali b_ _ pøaible for a period of 6 _tIIs to
2 years. ~ are vill1Da to pat in illlprovements on nintah1re
pat up bcmds for illlpro_u _ Clarkston, with a 4o-f_t bal.f
tdAIe half nre<et to be fJIpn'Nð at this tu.e.
lIoYecI by ec.m:cihan Stokes. MI:O"'cled by Councilman Irvin to
approve !It. ~'s requeat 1dth the condition tbat the iaprov_t
OD rUntsh:':" :0 include fall cSedicat10ns and a 4o-foot wid..
half strH: ::<: Clarkston vith bonds put up for the additional
balf street, :i>r a period of 6 _ths to 2 years.
AYES: C---=:.:lmen Irvin, Stokes, Mayor St'el
IIIOES : S:::..
ABSENT: :_~-=::l"'an Frolich
ABSTAlSU: :.:'.;:>.:Ü:1a Fitzgerald
Motion carried, 3-0-1
CONSEh"I :'~;:A..'
48.
.-
¿,.......r=
IŒPORT (': ::-:::'::;($
49. City ,:1::
There ~e:i ::.: ¡~ditional reports from the s:aff members.
so Cit~':.: _::::'lmen
Council:=.¡:: ::::g..rald said t!>e Crb.1;' Devel:,.::.'ct and Open Space
Committ..e :f :oe Plannlng Policy Committe.. ~as ~r.ly 5 elected
people ::: ::¿ 5~b-comlDittee ~d have asked ::r an alternate.
Council:A:: :~.::: v~lunteered_
51. Rec~~::::::c by Hayor of noo-agenda it~s.
The Kayt': ~:~ a petition vas received or S"F:~ber 7 requesting
safety Fa::::. in the area of Carden Gate Schvol. The letter,
dated Aug~5: ::, 1971, vas referred to the ~:aff for investigatio
and re~:: :~:~ to the Council at the next ~..ting together vith
co.aents ::~ :he Sheriff's Department.
CC-94
Page 21
Applicant's
request
7-TM-71
approved
v/condit1ons
Counc. Irwin
alternate to
Urban Dev. &
Open Space
S'Jb-Comm1t tee
l'"tition for'
safety pat rob
near Card"n
Gate School
~
i
,C:C-94
,
~e 22
t
~la1Gta ..
rmcorC1cl..
.
e
.
JmI1JTES OT mE SEPTEHBEIt 7, 1971 CITY COUNCIL HEETIIC
,
IIaJor Noel S3id we are ru'.. . lot of complaints on _torcyc:lea.
ADJOURlQØr
.
Øaved by Councilman Stokes. seconded by Councilman Irvin to adjourn
die _etiDg to Monday, 5e¡tte.ber 13, 1971, at 7 :30 P.M. in the
Library "Üh the possibility of moving down to the ba_nt 1£
additional room is needed. Meeting adjourned at 10:03 P,K.
Mot.1cla carded, 4-0
AfPROVED:
Isl Clyde L. Noel
Mayor, City of Cupertico
AI'TEST:
,~ Wm. E. Rvder
>,;1ty Cieri,'
.