CC 11-01-71
.,
.
CITY OF CUP~RTINO, State of California
10300 Torre Avenu~, Cupertino, California
Telephone: 252-4505
HINUTES 01 THE REGULAI. MEETING 01 THE CITY COUNCIL
HELD NOVEMBER 1, 1971 IN 1HE COUNCIL CHAHIIER
CITY HALL, CUPEIlTINO, CALIFORNIA
SALUTE TO TdE FLAG
The meeting was called to order 3t 7:32 P.M. by Mayor Noel, vith
tbe Salute to the Flag.
iIOLL CALL
Councilmen present: Fitzgerald, Frolich, Irwin, Stokes, Mayor Noel
Councilmen absent: None
Staff pre..ent:
City ~.nager Quinlan
City Attorney Adam~
Director of Administrative S~rvic~s Ryjer
Director of Planning and DevelopDent Sisk
Director cof Public '.,'orks Yarborol!gh
Director of Parks an~ Recreation Butler
Administrative Assistant Hyatt
Recording Secreta~y Lois Inward~
MINUTES OF PRE1I:OUS :ŒETISG
1. ApprC'val of Mlnutes of regular meeting of Oct~ber 18, 19;1.
Moved by Councilman Irwin, seconded by Councilman Fitzgerald tC'
approve th~ Minutes of October 18, 1971, _s written.
Motion carried, 5-0
COMHI..'N I CAT lOSS
2. Written
The Director of Administrativ~ Services said three written coa~uni
cations had been rec.>ivet!, t\IC of which pertail'ed to it"'",s on the
agenda. The third ·"as fro!!: the South hay Church r<:quc,stil1g r-er-
mission Cor ~"rollng dariag the Christmas Season in Cupertino.
CC-9:'
Page 1
Oct. j8.'
Minutes a;;~~vec
I
I
,
,
,
cc-,a
~age 2
. CaroU.
;r..-c
: P'~"
.
.
JlIKtlTES OF ntE HOVEM.'D 1. 1971 CITY COUNCIL MEETING
2IoYed by c..'"W1c:1111an Scœ-.
approve the rllflueat f« J
....on.
....ed '>y Counc:ilman Irv1Ja. to
I-OD tc carc>l durin¡ the Chd..c.u
1tIU- ~, 5-0
the Director of Main1.u.&.h- Service. stated that an au 1 CO
application 2l-~71 .... ... I L_1tted the afternoon bef«e thå
Council aeeting. It vas ~ . that tbis sbould be broaak ap
daring the revi_ <If dais -.plication.
3. Oral Coaaunicat1ons
(a) Request by CoaDc.1
Consent Calendar.
for removal of iteD13 frOla the
There Were no sucb requesu.
REPORT OF CùLTJlCIL REP"~"'!:s'!LïVES
4. Trans~crt4tion Poli~ Coaadttee - Councilman Frolich
Ii:> report.
5. Plaa~:~g Poli~y ~it:ee - Councilman Fitzgerald
n.e Open 5,ace Sub-coœc.i::ee :.as =-ade a formal reco::mle:-..da:1= to tbe
Plannin¡; ?<,licy Co=lttee :~: 2'3 of the Valley be co-:ereè in this
study.
6. l~te~-City CounciL - ~.ay:r Soel
There will be a meeting c: S--vember 11th.
7. League of California Cities - Mayor Noel
50 report.
8. Assoc:ation of Bay Area Gcve~ents - Coupcilman Fr~lich
The Director of Plannicg ~ Development and Councilman frolich plan
to attend the November ~t: ~t1ng.
.
.
__~ or TIll JOiDIBER 1, 1971 ern COt.'NCIL ta:nsc
1_- _ Council.aD Stokes
,. Døod Colltrol Advisory C
De Director of Pllbl1c Vorks __.... he attended tbe :wetiDa aød
.- e vas DOthiDa tbat would afLecc cbe Cupertino area.
H. Santa Clara County Water -
1_.1 011 - C;ounci )1Ua Stokes
.. report.
u. Solid Waste Coaaittee of P'
cc.a.lssioner Puetz
.~I Policy Com:ittee -
Be vas not prestt at tbe COUIKU -.:. ~ing.
U. Drug Abuse :=ittee - Co<acllsan Irwin
CocDcilman l~:: r~rorted he ~ a: l~st receiv~~ soce cor res-
po=dence on t:::.. so tbe Coc=.i::ee is active.
13. Hillside ~~ittee - Co~~'-~- Stokes
SCzt =onth t::~~. ?tobably wi:: ~ . request ft:~ :~~ Hillside
~lttee :o~ toe Council tc e--a:: an interic C~~:~Jnce for the
a=ea under s:co.::-.
P"'~L"C C~:"":0S
14. Sub.lssio: :£ ~ir.lAtes of ":j==ed regular ·,~eting of
October ;-. :971.
<a) Consi~~ration of Pl'--i:¡ Commission t~o:~endation
regar~::i tbe ali~: =~ the interse.tion of Santa
Paula rod Alcalde v~::. loc:hill Bt vd.
~ Planning Di~ector said t:'re 15 an applicatioa for a 33-bed
rest home at t:e southwest corner of Foothill B:~d and Alcalde
1Dad, which v~:d be materia::y a!fected by the proposed reallg=-
~ of Alcal¿e and Santa Pa~~ a: Foothill BI~¿. This applicario
waaa previously oontinued, pe~'-r a study of this realignment.
~ their last wetinR, the P:a=--I Commissioc, took the position
Ckat the reali~:nent of Alcal¿P aDd Santa Paula Avenue was desir-
"Ie, and that the IDStter sboçld be reviewed by the City Council
for final dete=nination.
Cc-98
1'''0 3
Alcalde/Santa
Paula realign-
l..,,-nt
œ-98
.... 4
CllMttJ co
_icier _
aUI ........
C...n~ ....
..... L
PE'_arv.
~acc_ .,
die air.
So ..sur_
a! route _ü
.cudy i.
<::cwplet_
I' .-\;:p:ica:::
;>:,oceeci
I
I
,
¡
:.a:I
.
.
IIÞUTIfoS OF THE :.ovmøU 1, 1971 CITY COUNCIL MEETIlCG
=-7"¡ ;0.1 asked vbat Jar1.adictions are involved with this realignment.
DIe Director ..id _ .ide 18 County and one aiele i. Cupert1_. In hb
C "tut1oaa vitb the C-tJ. it vas learned that chef prefer to
f1nt .u what the City of CupertiDO elecides about it aDd thef vill
.... tab it 1tefore the IoarcI of Supervisors.
DIe P1annilll Director aa1d thr_ altematives were presented to the
~1D1 c-1..ioa. TIle _ c:bosen dosely resembles the present
aNte, bot straiptns oac and wielens tbe road for safety. yet >:eta1ning
eM pnnat character of die area.
Ika. Ippolito, 2256 Alc:alele load, Cupenino, said she _lei like to
proceed vIth the elevel~t of her property and before she baa a
secODcl Tentative lap elr~ up she vould like to know definitely
¥bat plans the City has fer tbe streets bordering ber property.
Councilman St~ke. said the PlannIng CoIDmIS$lon's recoasendation
for reallg~ent of Alcalde and Santa Paula sounds l~ke a good one
but until the study is co:plete there is no assurance. ~ouncillll8n
Fitzgerald agreed.
Moved by C~uacil..n Sto,es, seconded by Councilaan Frollch, that if
the appli~~~t wIshes tG proceed ~Ith the application at this particular
time that it be based u~:: "~e alignment presented by the staff at
:bis aeeting.
AYES:
50£5:
C:uncilNen Fitzieral~, Frolich, Irwin, Stokes, Mayor Noel
:,,,:'\e
Motic~ carried, S-O
Mr. AI P~rrJttI said he ~a5 bee~ handling the above catter for the
Ippolito~. He explaine~ :~at three months ago preliminary plans vere
drawn up, ~~sed on the i::!orcati~n receIved from the City. They have
sinc~ learnèd about the ¡:an::ed realIgnoent. If this realignm~nt
IDeS their ~hole plan goes. This is why they wanted definite in-
formation en the realig~ent before tbey have another set of plans
drawn up. Councilman S:c:~es said it is Mrs. Ippolito's choIce, the
Council h~s indIcated their preference for the realignment, but it
cannot be formally accepte¿ until the stuày is completed.
IS. Application 21-1M-71 of Gait Meadows Development Company for a
TentaLiv~ Map to divIde 43.1 acres into 211 single-family lots
and one lot to be held in co~on ownership in a P (Planned Develop-
ment) Zone. Said property is l~cated southerly of and adjacent to
Steve~s Creek Blvd, app~~%!=ately lbOO feet west of Foothill Blvd.
Recomcended for approval.
.
.
IUJIUI'~ OF THE NOVEMBER I, 1971 CITY COUNCIL MEETING
..... by CouncUman Irvill, seconded by Counc:ilun l'itaseraW to
_icier asenda its 16, application J1-IJ-71, alema witb it. 15,
-.plication 21-'IK-71 since both concern the s_ property.
DIe above SIOUon vas not "oted upon when it vas learlled that _
~ baa been filed reaardlns this utter. The City Attor~
..U there could be a general discussion on th1!Se utters, and
Ifary Bruseherg and Mary a-,s, who HIed tbe appeal, could .mter
'into this discussio~. If t~ey then feel they want to withdraw
the appeal the matter could be acted upon. If tbe appeal is not
withdrawn a Public Hearing must b~ schedu~ed. The Director of
Adain1atrative Services said Decembcr 6th would be tbe first
possible date for sucb Public Hearing. Mrs. Bruseourg said it
would be in t~e best interest 0: all those whom she represented
if it were scheduled før Public Hearing.
16. Application 31-U-71 of Oak Meadows Develo~nt Compan7 for a
Use Permit to allow the construction of a 211-unit single-
fami'y residential cluster development in a P (Planned
Developcent) Zone. Said property is located southerly of and
adjacent to Stevens Creek BI~d., approximately 1600 feet west
of Foothill Blvd. RecoCQended for approval.
Based upon the above ruling of the City Attorney and the statement
by Mrs. Bruseburg, it was moved by Councilman Frolich, seconded
by Councilman Irwin to set for Public Hearing applications
21-TH-7l and 31-U-?1.
AYES:
IIIOES :
Councilmen Fitzgerald, Frolicb, Irvin, Stokes, Mayer Noel
Nor.e
!lotion carried, 5-0
17. Application 7-V-71 of City of Cupertino for a Variance to
increase a:lowable fence beight ftøm six feet to eight feet
for tbe follo_lng single-f~ily lots being located vesterly of
and adjacent to Freeway Route 85 and nortberly of Fitzgerald
Avenue in a Rl-7.5 Zone. Lots 1 tbrougb 20, Tract 4735;
Lots 66 througb 83, Tract 4658. Recommended for approval.
(See Item No. 42)
Hoved by Councilman Irvin, seconded by Councilman Fitzgerald to
approve application 7-V-71.
!lotion carried, 5-0
CC-98
"ag8 5
If appeal is
DOt vithdrwn
the applications
must have Public
líearinl
21-T1'1-71 anè
31-t'-71 !let
for Public
Heari\l l
7-V-71
apprOVed
CC-9B
....6
CaDdit:_ of
approval
33-U-71
approved
'.¡condit1o:>s
:;::-51,250
:"ylor Pr.::?
a?pr.:>ve¿
I
.
-
IIUIUrES or tm: IIOVFJIIIEJll, 1971 CIn COUNCIL HEETIIG
lB. Ar"1!catioD 3J-II-71 of '.Uco .ark, Ltd., for Ule 'endt to
allow coascruc:ticm of . upt IIIdustr1al buildinl coat.1i1iDl
approd_nly 86,000 1-1. ..,.~ feet. Said property is located
at the DOrtl1erly ter-i of Jludov Avenue, approx~tely
300 feet easterly of T 1- Ayenue and 650 feet southerl)' of
IIoIIIeatu4 load, ia aD .. (Lf.¡bt Industrial) Zone.
ll.ecv 1Do1ed for ap.-l.
The locati.:>c =ap vas displayed OD the screen identifying ~he site
aJ!der consideration. the P1_nif\1 Director said the Planning
Coamissica iesolutioa for approval illlposes 5 conditions relative
to noise, :lghting, security-type fencing, and in the future, if
tbere sh,,"':'¿ 0" a subdivision of this property tbe road vidth vill
be incruse>: :rOlll 30 feet to 40 feet.
~Þved by ::~~,;:il~n Stokes, seconded by Councilman Fitzgerald to
approve ~;;:i,;:ation 33-U-71.
Motion carried, 5-0
ARClnTEC.>.."":" .-\..';D SITE 1>?P~'AL COMMITTEE
I 19. Su:,=,»~:~ of Minutes ~: regular meeting of October 20, 1971.
I
t
20.
Appl::~:~:~ HC-51.250 c: Taylor Properties, l0211
Sara::~ol ~:old, reques~i=g appro~al of sign plan.
ReC"==è~~ed for approval.
Sun:\yva1e-
After ¿e:.~i~:~g that this application ~as within the Ordinance,
it was =:' ¿~ ;y Counci1ca~ Stokes, seconded by Council~an Irwin
to appr"'"'' ol?lication HC-5I,250.
Motion carried, 5-0
21. Appl~,;:a:io~ HC-51,193.1 of Edward H. Cooper, represen~ing Tops
Real:y. :O~79 Silverado Avenue, requesting approval of a sign
exce.: ':n. Recommended for approval.
Colored 5::~"S of the h.cation vere sho.."O on the screen. Altho"gh
the frontage 0: this bui1d~g is on Silverado the frcntage of the
o',erall :e.::~..r 15 on HlgtrJay 9. The appli,;:ant's proposal vas to
attach h,s sig~ to the existing pole slgn ~~ich nOW only advertises
.
.
!tINtTl'ES OF .::..:. JlOVEKBER I, 1971 CITY COUNCIL MEETING
ltentuc:lty Fried Chicken. tile GDlJ other possibility would be a
roof slID smllu to that of tJIa restaurant on the bulldløa oat
door.
JlDved by Coll:lldllllan Stokes, ..{cnded by Counci1lllan Irvin, to deøy
appl1caticc !iC-5I,193.1.
AYEs:
JIOEs:
c<>cxllmeD FitzleøW, Frol1cb, IrvlD, Stokes, Mayor Bod
JCoce
Hot 1aI carried, 5-0
22. Appli~::~~ HC-51,275 of Albert Perrotti, dba Perrotti
Constr~::a~ COIDpany, reque~~ing appro~a: of architecture
and lA~.~aping for Lot 347, Tract 9;, :~~ated westerly of
and a::~:ent to Imperial Avenue, approxi~tely 200 feet
sautr. :: Jlive Avenue. Recommended for approval.
Council~: õ::~es asked if the landscaping :$ in accordance with
the rece:: :e~~endatlons. The Planning D::e~tor said 1: is.
Hr. Perr:::: .aid the H-ccatrol Committee a:~e': three rec~enda-
tions: :::_:damber insteaë of evergreen trees. an 8' rather than
a 6' fe::: := the front, ¿cd a fence Insièe :~e property dividing
the par~::, ::~~ the yard. Mr. Perrotti sa:~ he viii install the
8' fen:e ¿:::.s the front i: the Counci: ~:s~es, but he could not
understa:: :oe logic of having the req~ire=e:t 0f the inside
fence s:::: ::~ody would see over the 8' £e::e anyway.
Counci:=¿: õ::~es asked
case fer :':a.~ 5 t fence.
require':.
if a Variance woul~ ;e required in .his
The Clty Attorney sa:': ~o variance is
Counci:~: õ::,es felt that the condition re:~:ri~g the wood fence
inside toe :::perty was ~Jarrante~.
Moved by ::-=::lman Stokes, seconded by C0~::i:~an Fitzgerald to
appro~e a~~:::ation HC-51,275 vith the eli=::ation of the require-
ment for. :' wood fence vithlD the property.
Motion carried, 5-0
CC-98
Pale 7
BC-51.193.1
Tops Jealty
denied
Conditions of
H-Control
approval
No variance
re~uired for
8' fence
Inside fence
unwarranted
HC-51,275
Perrett: Const.
approved withou
inside fence
, r::~
!!lip 8
:ç-51,075
T.a.-":CO
c--:-roved
-':,088.IG
--.:~
_ -:;::ved
.
...
~&a or THE JOftHIIß I, 1971 CI'i'Y COUNCIL MEETING
2J. _lie.tiOD BC-51,075 of Valleo lark, Ltd., requeatinl approval
~ of laDdsc:apiDI, 111btinl ancl un4erground1ng of utilitie. for
office bn~ me! IlÙ.ti-purpole building to be located 011 the
fiGatb side of Prnneridge Avenue, approximately halfway between
Volfe ;¡gad aDd Tantau Avenue. R.eC:01l!llended for approval.
DIe ,¢aff cOnfirE that only the lanclacapies and l1gbt1ng vere
..... reviewed u this time.
a..eeI by Counci~~ Stokes, seconded by Councilman Irvin, to approve
application RC-51,075.
!!at ion carried. 5-0
24. Applicatic~ ~:-51,088.10 of Dennis Kobza, Architect, requesting
approval c: $":e, architecture, landscaping and lighting for
light ind~$:::11 structure to be located on L~t 13, West
Valley I~¿~$:::~l Park. Recommended for approval.
Tne site ph:: ,..H '::'s?layed on the screen. ~~l\'or ~oel noted that
, »inca this is :-. >:'~t3 such building the app:icant has proposed
I in this indus:::.: park he now should know what the City standards
a.:ui plans are.
~ved by Cou~~c:::~c. 5:okes, seconded by CouncilQan Frolich to
approve app:i~1:C:C. ~C-51,088.10.
Xotion carried, 5-0
I ~~ Ao~D REC:~::::~ CO~IISSION
25. !\o meet ir:~.
\lATER CO~US$:.:r;
26. No meetin£.
LlII!l.AllY CO~I 55: ,;.s
27. Submissi~~ :: ~:'nutes of regular meeting of Octob~r 19, 1971.
·
e
ftUlUl<S OF THE NOVEKBEJI. I, 1971 CITt COUNCIL MEETING
CUnJuINO CITIZENS' COALS COHKITTEE
28. Submission of Minutes of Steering Committee meeting of
October 19, 1971.
PUBLIC HEARINGS
,29. Report of the feasibility of acquiring and develop1~g Horse
Rancb property.
Tbe City Manager referred to his staff report of October 29, 1971,
whicb included a map of the area and the minutes of the Parks and
Recreation Cocmission meeting pertaining to this subject. No
additional information has been received as to the possibility of
HUD funds. A "Letter to Proceed" is anticipated at any time;
but further assurance is not anticipated for several months.
Tbe Parks and Recreation Director presented pictures of the lIorse
Ranch, co~enting on the beauty of the setting and the number of
buildings on the property that could be utilized. There is quite
a numbcr of mature trees on the property. All structures have
cement floors; however, the roofg would probably need repair.
There is underground water and two pumps are on the site. This
area was declared the only open space left. with access to the
dam.
Director Butler said he toured the area with the Chairman and the
Vice-Chairman of the Parks and RecreatLon Coemission and all
agreed that this is a beautiful plece of property and all con-
sideration should be given to the acquisition of it.
City Manager Quinlan recapped the staff's thinking on this matter.
We should be thinking, not about what is to be developed at this
time but rather about what this property means to the City. It
is a flood plain. The Flood Control District should purchase
about 4 acres, and we could e~ter into an Agreement with them
whereby we would DBintain the property, keeping a porti~n of it
uDdeveloped.
Mayor Noel read the following recommendation from the City Mana-
ger's report: "Autborization to proceed with necessary appraisals
negotiation with the Santa Clara Flood Control District, and
coordination with Santa Clara County on the ove.all County Park
Plan upon receipt of 'Letter to Proceed.' Actual acquisition
would await fund assurance notification."
CC-98
Page 9
Letter to
Proceed is
expected at
any time
Natural setting
f or park
110' ,e Ranch
should be
acquired by
City
Prop,'Tty also
is a flood
plain
Recommendation
regard i ng
Horse Ranch
0:-98
.... 10
I Public
i Bear ings
dosed
::ollow rec:O'ft-
::e!1dation ;)f
City Manag.er
?ubl1c
"..ar ings
closed
.
.
.
IIDhIrE5 OF tHE 1iOVEKIID I, 1971 CITY COUNCIL ImETING
ihun Fitzgerald indicat_ be wuld SO alons vitb tbe recOIl-
~ f_UOD of the City Maøaaer. JIayor Noel asked for cOllllll8DU fr_
tbI audience.
)In. Franlr. PI1rcell, Junior, 10411 !lira Vista Road, Cupertino, Hid
.. endorsed tbe CityJ. thiøkina OD tbis utter.
JlDved by eo.:ncilman Stoltes, seconded by CoundIman Irwin, to close
the public ~arings.
AYES:
5O£S:
Co~iimen Fitzgerald, Frolich, Irvin, Stokes, Mayor Noel
So::~
Motion carried, 5-0
Moved by C,~~~il~n Stokes, seconded by Council~n Frolich, due to
the fact :~.:. has been no specific objection to the City's acquisition
of the H::5è ~a!1ch at this tice, the City snuld follow the City
Manager's :¿::::=¿ndation iŒCediately upon receipt of the Letter. to
?roceed :' =.0= ;ot'D.
AYES:
~ES:
::~:::.... i::len Fitzgerald, Fr<;lich, Inlin, Stokes, Mayor Noel
:;:~è
Motion carried, 5-0
30. (a) A==:~c~tion 27-Z-7l of Gerson-Barkar, Inc., for prezoning of
~.~:= acres froa County R3-2.4 (~roltiple-Residential 2400 sq.
:':. =¿r d~elling unit) Zone to Clty of Cupertino RlC-2.5
lõ::;:e-ia~ily Residential Cluster 2500 Sq. Ft. Per Dwelling
'-. -' ;:,o,,¿. Said property is located on the south...est corner
:: ~~~tellan Road and Stelling Road. Recommended for approval.
Kayor ~Cè: aS~èd for co=ments from the audience. There were none.
Moved by C~~~cil~an Irwin, seconded by Councilman Fitzgerald, to close
the Publi~ ;oèarings.
Mat ion carr ied, 5-0
Council~:: :~in noted that this matter has been previously òiscussed
at sOllIe le::¡tb.
·
..
_JUJU.S OF :"~ ~"~ER 1, 1971 em COUNCIL MEETING
"_.-I by Co=cil:lan Irvin, .
.,.rove appli::ation 27-Z-71.
l-A by Councilman Fitzserald co
ÆIES :
-.s:
Coaxil:len litzgeraLI. h'oUch. Irvin, Stokes, Mayor JIoel
Noc.!
Motion curiel. 5-0
(b) Fi~5: Reading of ~~~. Ro. 511:
-AD Ordinan:< ~: the City of ~~4L1nO Amending Section 1 of
Ordinance :;:. 2 by Prezoning a Ceruin Port ion 0[ the County frOll
Cøunty R3-:... (~ultiple-Res1cle=Ua.l 2400 Sq. Ft. Per Dwel1inc Vnit
Zœ1e to Cit~- :: CUpertino 11.11:-2.5 (Single-Fmily Resident isl (¡".st
2500 Sq. Ft. ?<r ""elUng ~rì Z=e; Apprv:<i=ately 9.986 Acr~.
Located S~":::"¿5: Corner of :!!'cClellan Road and Stelling Road. - -
read by Ka~':: S:¿l.
!bved by C:-,,::':::a:\ Fitzgera:"::, ~::onded by CiOClncilman Fro: ~::-- :~
"-ave Ordir.¿~:< So. 511 read ":r title only and the Mayor's reL~:'=g
=.:> const1t...:¿ :__e First Rea.:~g.
.I.Y£S:
:iiJï:S:
C..:-_:-.::._::t!:\ Fitzgera.:::9 Prclich, Ir.,.i:1, Stokes. ~..a:..-:~ S=-e:
S:~,¿
Motion ~~ieè, 5-0
31. (a) A;~::.:..:ion 22-Z-71 == L"!1:1ont E. Williams for the ;:~e-
z::::::.-; 0: 14.3+ ac:'æos fr"," County "A" (E:<clusive
Aö:::.:":t"ral-Gree:="'1t: Zone to City ¡of Cupertino ;¡':-l:J,
R:-:,' aad Rl-43 (Si~&1_family Residential 20,000,
3C .X0 .."d 43,560 S:=;. Ft. Lots) Zone5. Said pro~r::.
is ::.:..ted Norther1: of and Westerly "f Terminus :::
L:'::..i\' Laae. Rec.,...-Aeè for appro~Gl.
~. Lamont .::::.~s, 514 I~s, Sunnyvale, showed coloreè
slides tak<:: :r:::I the vici~ry of City HaU and directed to·..a~::
bis proper:, :~at he vishes :0 develop at this time. There ~e~e
also pict"~<5 :a~en from ~ ~k Mountain, and of the i~~:'Y:!.::~
building s::"~. Oae picture shoved how the road would foUcv :!::e
syail up t::. __ill. Mr. Williac5 said they ha~¿ been restric:eè
by the ter:Å:~, and so they ~e placed the road on grades t~.at
-Xd be a::,?:able aQd have ..'s......d the building sites to &1::>01
a ainimum :: grading. He al.s.D sbowed slides of examples of :~
~ype of cc::s:ru~tion be and his ~ineer, Mr. John Reilly, ha~e
Men asso.:~:.J with; namely. ste¡. foundaticn, pole construc~ian.
~ a comb~::'on of the two.
CC-98
Page 11
21-Z-71
Cerson-Barkar
approved
Od. =-0. 5l!
fi rst Read inl
Proposed plan
of developmcn
\'
,"perCYCID
spur of . ...-'"
faul t
Adjoi:1~
,roper:: ",,-:«r
I:Q!:II en:s
Co~e::.-:.. :=:m.
another
proper:)
owner
Imnm
OF t1ΠIOVDIID 1, 1971 CITY COUNCIL HEETIIfC
If Ik. ViUS- sb0w4 p1c~ of this type of cIevel~nt that Mr. Reilly
.... bailt in Loe Altoe .111. off PaSe Kill load. CouDc:ll.an Irv1n
po1øted CNt that ODe of ~ ..... in the picture. beloøp to a fdend
of his aDd vbea it n1M dIeJ lane .aIA real probleu vith rlØlOff.
*. VilIS- tIleD po1øUll ~ that Jfr. lailly used one-way road.
111 that cIewelopM&at to __4_h. lI'adiag.
The PlaIIn1ng Director ~ the condition. placed on the Planning
'-i..ion'. ..."tv..l of tJtú application.
CouDcllun Irvin ..11M if it is true tbere is a ¡¡pur of the earthquake
fault on this property. If this is true, there should be a geological
report. Be said be ~ DOt vaot the City of Cupertino to ever be
in tbe ""sit ion n_ beiq ezperienced by Pacific Palisades, now being
sued by h~ovners in the bills.
Mayor S~el asked for c~ts fr01ll tbe audience,
Juanita ~,laren, 221~1 L~y Lane, Cupertino, said her property
adjoi::s :his property. I: is one of the ::lost pro::linent hillsides
in Cur~=:ino. She was ¿~sarPointed the Hillside Stud, is not
cOlllpl..:d :'.fore develor......::t starts up there. She said earl ier
plans ,a::ed for only a~~: ~ homes up there, and she feels that is
aboo't a:: the area co":= ~."~]e. She "ophasized the steepness of
the hi::. and the flood :a=ger. She feels profiles shocld be
submitte: 3S ~el: as a :~rlete geographical report. Sie is concerned
about :;:e :uivert up :::.e:'e. She asked if the proposed plans include
a aax:=~ 15: grade for all roads and driveways. There should be a
~ini",u= .:ze for the ho-~5. ~rs. Mclaren then sho~ed slides of
hOllIes ::::structed In the a:'ea, one of which she belie7es looks like
an of:,:" building. S::. ~~estioned the condition of epen fences
not t: exceed 5 feet. S::. ~ould like sOOe privacy fro: the anticipated
cars g~:~~ by her pla~e a=~ ~ould rather see 8-foot fences. She
feels eA:i buildi~g pad s::ould be a minicum of one acre.
Mrs. D.::~~thy WrIght. Z':;:; Regnart Ro~:I, Cupertino, said the one-acre
lot ci::~~ requireaent 5~ould be mainlained. The fault zones map
indlca:~> a spur does ¡: :~rough this property. She asked where
the wa:e< ~ould come fr= :0 service this area. The Director of
Public .~rks said the c~ly source of water available to thec is
the Cu,e:'tino Water Depar~ent. The developer has been nade aware
that he :ust provide ever),thing necessary for this develop::lent and
considerably more to i=su:-e proper water supply for the area. The
Reglan ~~tu31 Water Co=?~ ha~ refused them service. ~rs. Wrigbt
said t~e runoff is very ~ad in that arca and she rhinks pole houses
are vet}" dangerous and ~t attractive.
.
.
JWI\Jlr.S OF T1ΠNOVEMBER 1, 1971 CITY COUNCIL MEETING
a.. Judy Cooper, 21906 ~sport Drive, CupertiDO, ursed the
~il to look closely at this plan because if there is .uy
poaibility of any bullcl1øc lOins on or near the San ADdreas Fault
U should be checked very closely. The Soils Report shoald be
considered carefully because sever lines must go in there.
JIr. Williams' only other" -t vas tbat pole bouses are equal to
other type construction as to safety.
1he Planning Director said the Tentative Map has been reviewed by
the Fire District a number of times. Tbey are interested in
whether or not tbe roads and driveways have a sustained 15% grade.
They are also interested in whether or not they will be able to
turn their equipment around.
The City Att~r~ev asked about the special condition with respect t
a geological report. The ?1anning Director said the Tentative Map
won't be apprvved until the City Council approves the Soils Keport
Councilman Ir~in asked if .~e Fire District actually apprcved this
Tentative ~3'. The Plann~~g Director said they did.
Moved by C,u~~ilman Stokes, seconded by Councilman I~~n to close
the Public ~èaring.
AYES:
NOES:
C0u~,ilmen Fitzge:~¡d, Frolich, Irwin, StoKes, ~.ayor Soel
N"r.C!
Motion carried, 5-0
Hayor Noel asked Council~ Stokes when he thought the Hillside
Study would :e ready. Co~~il=an Stokes said the tentative ti:e
schedule is :~r one year. It is quite realistic. The geological
survey is already in the Division of Mines and will be :ore
extensive than what was do~e in the Santa Cruz Mountains. He said
he bas requested that all Reg~art Canyon be included in this study
Cour~ilman Fitzgerald aske¿ if they have defined the Hillside
Stud1. Coun,il~n Stokes said this has not been determined as yet
Hayor Noel then ~tated that it appears this application is pre-
_cure.
Moved by Councilman Irvin, seconded by Mayor Noel to deny applica-
tion 22-Z-7l without prejudice.
AYES:
IIOES :
Councilmen Frolich, Irwin, Stokes, Mayor Noel
Councilman Fitzgerald
Kotion carried, 4-1
CC-98
Page 13
COUDC 11 urged
to carefully
consider this
application
Pole houses
are safe
Comments of
Fire District
Soils Report
approval is
necessary
Public Heër i~g
closed
Hillside :tud;.'
Applicat~"n is
premature
22-Z-71
denied
·
...
CiC-98
..... 14
OF TIlE NOVEHID 1, 1971 CITY COUNCIL JŒET1JIG
eel by Counc:u...n Irvin, seconded by CouDCiluD rro11eb to dell'
app1ic:ation 17-tK-71 ~t prejudice.
(b)
Application 17-'1:11-71 of I.aIIOnt I, V1l1u.s for . Tellutive
Hap to divide _id property into 13 Jlesideøt1al Sinal...
Faily Lots. Said property is located northerly of the
Westerly tendDus of Lindy Lane. JIec:_ ."," for approval,
- read by Mayor JIoel.
AYES:
HOlS:
Councilmen Fro1ich, Irvin, Stokes, Mayor JIoel
Councilman Fitzgerald
Hation carried, 4-1
(c) First Reading of Ordinance No. 512:
"An Ordinance of the City of Cupertino Amending Se~tion I of Ordinance
No. 2 by Prezoning a Certain Portion of the County from County 'A'
(Exclusive Agricultural-Greenbelt) Zone to City of Cupertino Rl-20,
Rl-30 and Rl-43 (Si~gle-Fa:ily Residential 20,000. 30,000 and 43,560
Sq. Ft. Lots) Zones; A?proximately 14.3 Acres Located Northerly of and
Westerly of Terminus 0: Li~dy Lane."
There was no action ta,en on Ordinance No. 512 slnce the prezoning
",as denied.
32. Ordering vacatlon 0: a portion of a Slope Eas~nt witbin the
City of Cupertlno pursuant to Section 50430 £t Seq. of the
Government Code of the State of California:
(a) Resolution So. 3155: "A R.'solution of the City of
Cupertino Ordering Vacatio'l of a Portlo~ 0: a Slope
Easement withi~ the City 0" Cupertino Pursuant to
Section 50~jO £t Seq. of ehe Government Code of the
State of Californla." - :~ead by Mayor Noel.
Mayor Noel asked for c~nts from the audience. rnere were none,
Moved by Councilman Stokes, seconded by Council~n Irwin to close the
Public Hearing. This aotion and the second were withdrawn so there
could be a staff report on this Resolution.
The Director of Public ~orks stated this is a hillside ~ocation. The
final map indicated a slope easement for a greater distance than
is necessary.
.
.
IIDIUTES OF TIlE IIOVEKBU 1, 1971 CITY COUNCIL MEETING
lIoYed by Councllun Stokes, secoøded by Co\IDclll18D Irv1ø to do..
the Public Burinl·
AtES:
mES:
Connc:illllen FitzleraU, Frolich. Irvin, Stokes, MaJOr 110.1
RoDe
1tDc~ carried. S-o
Møved by Couadlman Stoltes, aec:onded by Counc1l1ll8D Irvin to adopt
lesolution So. 3155.
AYEs:
ROES:
Councilmen Fiugeralet, FroUcb, Irwin, Stokes, Mayor Noel
Sene
Hot ion carried, 5-0
33. Appro~i~g the Annexati~ of Certain Contiguous Uninhabited
Territory ~esignated "icundtree 70-8" as follows:
(a) Ord i~ance No. 510: "An Ordinance Approving the Annexa-
tio~ of Certain ~ntiguous Uninhabited Territory, Desig-
nated 'Roundtree iO-8' to the City of Cupertino in
Accordance with the Provisions of Section 35300 Et Seq.
of th" Government Code of the State of California."
- Read by Mayor S<:>el.
The Direct~t of Public Wor,s said tbis is the property located at
the south.est corner of Bu~b Røad and McClellan.Road. It has been
decided that this is a logical annexation.
Hoved by Cou~cilman Stokes, seconded by Councilman Irwin to close
the Public Hearings.
AYES:
HOES:
Councilmen Fitzgerald, Frolich, Irwin, Stokes, Mayor Noel
Sane
Kotion carried, 5-0
Moved by Councilman Stokes, seconded by Councilman Fitzgerald to
have Ordinance No. 510 read by title only and the Mayor's reading
is to constitute the First Reading.
AYES:
HOES ;
Councilmen Fitzgerald, FroUch, Irwin, Stokes, Mayor Noel
None
Kotioo carried, 5-0
cc-98
Page 15
Public ReariDl
r10.eeI
Res. 3155
adopted
Public Hearings
closed
Ord. 510
First Reading
98
16
"
Ore!. 506 and
Ord. 491(a)
continue!
Ord. 51:'
First R&a.:.:."-g
Ord. 5n
First I&ao!~g
i
.
.
IIDIUTES CF mE N( yt.ImD 1. 1971 CITY COUNCIL KEETIHG
Bayor Joel called a n.
at 9:35 N.
8£ 9 :30 PH. the _eting ret._""
OJDINAJCES
34. Second reading of (kIII1 e No. 506: "An Ordinance of the
City of CupertiDo rrc*fItUing Existence of Certain CoDditiona
in Coc:IIection witb tile .--ping of AnblaIs or Fowl within the
City of Cupert1øo .. Prow'1ding for Penalties for Violation
Thereof." - read by a...._.. Noel.
Koved by ~unci1man Stokes, seconded by Councllman Irvin to
continue :::e Second ....11"'1 of Ordinance So. 506 and the First
Readi::g := Qrdinance Yo. "fl(a).
~iDn carried, 5-0
35. Fi:3: :èading of Orcu.:.a::e !io. 51..: "'\:1 Ordinance of the
Ci:~ := Cupertino Pr:.::~i:1ng Parking := Vehicles on Stelling
R:¿~ :è:~"en the Hours :: 7:00 A.~. a::~ 8:00 P.M. at Certain
L:=~:::::s as Specifi.¿.- - read by ~~yo: Noel.
~ove¿ =-:: ::,,::~1lman StoLes. seconded by C:"nc1lman Ir..in to =,ave
Ordi:..':::; ~:. 514 read :y ::e:¡e only an¿ :;,,, }!ayor's reading to
ccnsL,::C:è :::e First ~--!.
AYES:
NOES:
::uncilmen Fitz¡«::-a.:c!, FroUch, I:win, Stokes, ~yor Soel
~;~:1t!
~:C.on :arried, 5-0
36. F::õ: :èading of Or:!i=e No. 515: "An Ordinance of the
C::~ := Cupertino Prc~iting Parki::g :f Vehicles on Certain
City ;;:reets as Spe.:::":ied." - read òy ~yor Noel.
Moved ':y -:='~"ei1man StoLes, seconded b~' C",,::cilman Indn to have
Ordir4::=è ~o. 515 read ~ t:etle only a::¿ t~~ Mayor's readi::g to
consti:":è the First Keadi=&.
AYES:
NOES:
C:uncilmen Fitz!erald, Frolich, Ir.in, Stokes, ~y~r Noel
:S~ne
~iOl1 carriect, 5-0
.
.
IUJIIJU:'S OF T!Œ ¡q)VEHBEll 1, 19n CITY COUNCIL MEETING
D, first read.1D& of OrdiDaÐce 110. S16: "An Ordinance of the
City Counc:U of the City of Cupertino Requiring Peddlers and
Sol1c:1tors to Secure aD Id_t1fic:ation Pemlt before Carry1D&
011 Their Respective Busi........ WitbiD tbe City of Cupert1øo."
_ read by ltayor Roel.
awed by Council2aD Stokes, sec:ODded by Councilman Irvin to have
Ordinance No. 516 read by title cmly and tbe Mayor's reading is
ta constitute the First Reading.
AYES:
~£S:
Councilmen Fitzgerald, Frolicb, Irvin, Stokes, Mayor Noel
Non..
Kotion carried, 5-0
38. First re.t~i"g of Ordinance So. 492(a): "0\., Ordinance of the
City of '~...rtino Amending Ordinance So. ~92 Regulating the
Operatic". Segistration, Lice~sing, Purchasing and Selling of
Bicycle; '.i::,in the City of Cupertino."
This Ordina,,:- ias been continued.
RESOLUTIOX~
39. So. 315:, "A Resolution of the City Council of the City of
Cuperti"c .~lowing Certaia Claims and De~ands Payable in the
Amounts a"~ from the Funds as Hereinafter Described for
Salaries a"d Wages for the Payroll Period Ending October 19,
1971." - read by Treasurer FroUch.
Moved by Cc~,,:il=an Irvin, seconded by Counciloan Fit~gerald to
adopt Resol~:i=a ~o. 3150.
AYES:
JIOES :
C~~"cil=en Fitzgerald, Frolich, l~in, Stokes, Mayor Noel
S~::.e
Kotion carried, 5-0
40. No. 3151: "A Resolution of t:>e Clty Council of the City of
Cupertir.c Alloving Certain Claims and Demands Payable in the
Amounts ."d from the FurAs as Hereinafter Described for
Ge4eral a:-.d Miscellaneous Expenditures." - read by Councilman
Frolich.
CC-98
Page 17
Ord. Sl6
First leading
Res. 3150
ado¡>ted
K~
... 18
.... 3151
- .tM
....;~.
3154
..J4"=;,,':ed
.
.
lIUIuUlS or I1Π:IO.DIIa 1, 1971 Cln COQIIClL nr.r.u"
..... ., CouIIc:1lMD Stolla. 11 ~ød'" ., CoIøM.:I1MD InÞ to 8IIopC
""'10ft_ 10. 3Ul.
ØIS.
....
Coaødt.D ftUpl'aU. 1'I'011cb, lIViD. Stolla. IIIJOr "'1
loDe
lIøtloO c:anW, ~
41. 110. ]lS4: "A "solution of the City CoaIlc:U of tile Cit,. of
Cupertino Approving rinal Hap of Tract :.0. 4721, leelœaD place;
kcept1ns ~rta1n ¡Wi.,.s. Places, Avenues and ~s; Autbor1aiDa
the City Ensineer and the City Clerk to Siwm the rtGal Nap;
and Authorizinl the Agreement in Connection Ther.vith." - read
by Mayor Nod.
Per the reque~t 0: the Director of Public ~orkM, it va~ ~ved by
Counc:illllan Sto~~5. seconded by r.ouncil~n Irwin to withdraw aeaolution
So. 3154. It ~as then noted that the Director actually wa. r~ferrinc
to a~other ite= :~ the asenda. This motion and seco~ were w1thdravø.
Moved by C:u~~i:~3~ Stokes, seconded by Councilman Irvin [0 ~lace
3eso¡utio~ ~~, :,;~ back on the agenda.
Motion carried, ~-O
Move~ by C:ur.:i:=3~ Sto~~s, s~conded by Cm'n,il~n Irvin [0 adopt
leso:utio:1 ~\J. 3154.
AYES:
SOES:
C:u~::_=~n Fitzgerald. Frolich, Irwin, Stokes. ~yor Noel
~o~e
Motion carrie~. 5-0
42. So. 3156: ";.. Resolutio~ of the Cit)' Council "f the City of
Cupertin: ~<3~ting a Variance to City cf Cup~r!ino to Increa.e
Allolol3ble F~~cc Height frOCl Six (b) Feet t" Eight (8) Feet for
the Foll,,,,i:,g Single-Family Lots Being L,'r.ltcd Westerly of and
Adjacent t: Freeway Route 85 and ~"rtherlv of Fitzgerald AvenQP
in an Rl-i,5 ¡One: Lot. 1 Through 20, Tract 473~¡ Lots 66
Through 83. Tract 4658." - read by Mayor Soel.
.
cc-98
.... 19
.... 3156
aIopted
.;ater service
:0 ~iaclr.ay
,;c,"t:s approved
R.es. 3153
removed fr_
Consent
Calendar
.
e
MINUTES OF TIlE NOVEMBR 1, 1971 Cl'n COUNCIL HEETDIG
!loved by Councillllan Stokes, seconded by Counc:1luD Irvin to Mopt
..solution 60, 3156.
AYES:
NOES:
Council:aen fitzgerald, Frol1ch. Irwin, Stoltu. lIa10r Joel
NOM
Kot1on carried, 5-0
UNFINISHED BUSmSS
43. None
NEW BUS INESS
44. Request for water service, Tract No. 5040 (Mackay Homes) -
Southwest corner of Bubb and McClellan R.oads.
The Director of Public Works said that the developer has, after
much deliJeration, decided he would be just as happy to be served
by the Cupertino Water Department and San Jose Water Works bas not
objected to this.
Moved by Councilman Stokes, seconded by Councilman Irwin, to
approve the request for water service, Tract No. 5040 (Mackay
Homes).
AYES:
NOES:
Councilmen Fitzgerald, Frolich, Irwin, Stokes, Mayor Noel
Sone
Mo"ion carried, 5-0
CONSENT CALENDAR
Mayor Soel introduced the Consent Calendar. The Director of Public
Works asked that agenda item 47, Resolution No. 3151, pertainina
to a~proval of Final Plan for improvement of frontage along Stevens
Creek Blvd westerly of Foothill Blvd., be deleted from the Consent
Calendar·.
So moved by Councilman Stokea, seconded by Councilman Irvin.
Motion carried, 5-0
.
.
IIDWlES OF tHE NOVEMBER 1, 1971 CITt COIJ!ICIL MEETING
"
Høve4 by CouDc11un Stokes. ..coadecl by Coundllll&l1 Inr1D to ùopt
the Coaseat Calendar.
;.,
. til
Jfot1œt carried, S-o
;..
'I-
IIIOn OF omens
,49, City Suff
The City Manager reported toe experience we had on the last parade
indicates we need more deputies. He has received a letter from
!Cr. George Fernandez requesting endorsement by the City for tbe
bad Day Parade and fuads for this program. This matter will be
plac~ o~ the next Council agenda, but since the parade will take
place bef~re the next Council meeting, the Council action will hav
to he retroactive.
SO. City Councilmen
Counc:il-'- Frolicl noted in the Ordinance relating to tbe licens-
ing of ~icycles that metallic plates are no longer used, and have
heen reFlaced by decals.
51. Recognition by Mayor of non-agenda items.
Moved by C~uncilman Stokes, seconded by Councilman Fitzgerald to
set the deadline for applications for t~e vacancy in the Parks and
lecrea:i~n Comoission for Friday, November 12th, and that the
Council viII meet at 7 P~ on ~onday, ~ovcmber 15th to interview
those applicants who have not previously been interviewed.
Motion carried, 5-0
ADJOUL~'(f
Moved by Ccuncilman Irvi", seconded by Councilman Fitzgerald to
adjourn the meeting at 9:55 PH to 7 PM, Monday, November 15th.
Respectfully submitted,
L~
Recording Secretary
.
.
,
CC-98
'ale 20
CoD.at
Calellllu
adopted
.
Band Day
Parade
Bike l1c ens i ng
Ordlnance errc.
Intervie-J P&~
Comm. applica~~~
7 PH, Nov. 15