CC 08-20-73
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cur OF Q.'Ptr".c."iD, STATE OF CALIJ'OIIYIA
~ To>re A.....œ, CupertiDø. California
Y..1....._: 231-4505
kûulQ OF mE IECULA& ~jJ Ij or THE em tOUICIL
IIELD as ADCUST 20. 1'73 D THE COUNCIL CBAKBEIl
an BALL. ww---'--. CALIFOISIA
UUI'I'I TO DE JUG
~ _t1nl_ caC.ed to o~" Kayor IrviA at 7:32 P.M. with
... Salate ~ :be Flac.
mu. au
C&~i~ present:
~lic1a. .Jactsoo, Meyers, Spam, Mayor
InriD
NoDe
c.o-cilMD ÐS....t:
k&ff presc::
City ~.r Quinlan
City Utomey Adams
Director of AdI:Iin1stra::...ó! Services Ryðer
Dir.ctor of Planning a::': Developme\>t SiAk
Direccor of Public \òorits \ïskovich
Director of Parks an': '..,:reation Butler
~"TES OF "T::;¡;S MEETISGS
n.e follow:::, ;::.mges were DOcel! In the pre\"i:,;Sly submitted årafts
of prior ::,et::~$:
1. Re¡';';'l: ....ting of Aa&ast 6, 1973
~:::': line of the chird motion on :aó!ó! 4 should read
"lo,,'-'strative Services" instead :f ~Public Works".
.
Fi::: ::ne of the 1..t paragraph on .1~ó! 8 should have the
v:::.s "vould be ~lc! by a tenant." :ó!placed wi th ,. could
be ~:ó!lJ against t!:ae tenant."
Pa~ ;, first rwo l:l.Des on the page s~ould be deleted.
p~ :1, first
'"5:-::,:99.1":
SCAt:':,- "
motioc. the followi::. should be added after
"as it related to t~e :encing and land-
CC-170
Pac. I
CC-lJO
Pap 2
I~a
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OF T=: AL'CUST 20, 1973 CITY COUNCIL MEETING
Qa pase 19, ùe ..or'll "òb~- :Ia ehe third f~ the bon_ perqraph
~ M.Jd be del~tecl anel up)........ tddl "reviev". The follCIIIJ.aa ÂOQJeI be
.._~ to the mol of the .. . '- the bact_ paraSTAph: -. the K1'C
ral Plan."
by C:A:iban J.....-. nera"",!! by CouacUaan Keye.. to .,,-
de lfiDutu of AupIIt 6, 1973 _ corrected.
III»U_ carried, s-o
2.. MjouraÑ le&ular _«:111. of Ausust 1, 1973.
14, sec:nd pausraph. &fÞr the fifth line, adel the folloriDl
ue_nt: '"3e suspected a.ok . er of people did not co_ to die _tins
Þr readin~ about these proposals in the newspapers."
third line: Delete "if It is t_ aaall
c:eDter is too small..."
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12, thi=! ?aragraph: Mr. Maurice O'Shay rather than Mr. Maurice
,
~ved by C~~~~l3aD Heyers, seconded by Councilman Jackson to
capprove the '..:.::~es of August; I, 1973, as corrected.
I
¡ Motioa c.arried. 5-0
,
:3. Adjourr.e~ ~gular meeti:11 of July 31. 1973.
:7ale 3, f1::" ~.1talraph, t;hird line, add t!\e '.."rei "monoxide" after the
I"Ord "carb,;:o:: ,
I
~eI by Cc~~i::uD lfeyers, Mccnded by Cou:tcllman Jackson to approve
!«:be K1nutes ~: July 31, 1973, .. corrected.
j MoUoa e&rried, 5-0
t. Adjourr.e~ ~gular meetins of July 30, B73.
aae 9. fou=-_" ?aralraph, del.e. "60%" at er.J of paragraph and replace
jrñth "401".
'..e 10, fi:-s: ?aragraph, thIrd line, the w-,=J "not" should be Inserted
p-areen "t=4::~: dIverts vill- and "be welc.>::.od by the".
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1U.1U11IS '" TIll! ADCUSr 20. 1973 em COUJICIL JŒJ!rIllG
'" 5. tbild par.. 3. delete sentence and repbce with:
-c:-u.. "'a _tM that tile City ..y neecl both Ilbøpp1Ds
_tera to pay f. tIM IU·..·
.... '" CoaDcn.. .Jact.n. Mœð4et1 by Coancn- Meyers to
".,.0." tile m-t.. of July 30. 1973. .. correct....
Jll)t10D carrIed, S-o
all_.lCATICIa
s. Written
~ DlrectOT of ·~t.t.tratlve ServIces stated that the applicant
fOT Job's 111 Joy r"uurant, ..encla It_ no. 9(c), has asked for
a coat1nuance to tile DeJ<t replar Council -.tlns.
A IlUbaiulon f..- th. County Plannin~ Ðepart-.nt of possible
--.ndaeats to the proposed City ServIces (-cs} eo.binlng Zoning
DIstr!.: with a request for further respoase If desired.
A request fro. Mr. and ~r.. Herbert R. Rarlager for soae action
to be :~~en on nols. pollution centrol.
A c~~:c~tlon fr~ C~b, Unli.ited ~dvislnl that the taxicab
IndU5t:~ Is exeBpt froc price c~trol..
AD ~pre~; froa IuDbleberry Enterprise., lac., on the Architectural
and Site Approval C~ittep's rec~endatioo for a reduction in
slso .ire, which is Oft this Council agenda.
Letter tr~ Asse.blyaan V~sconc~;l~. advising us of his position
on s~ ~f those bills on which the City expressed an opinion.
Letter fr~. Hr. Walter Killcr expressing his position with refer-
en~e t~ any proposed fluoridatl"r. ~f the vater supply.
A poslt1~D stat-.eftt from Hr. James A. Frost. Cupe.tino Chairman,
Santa C;~ra County Sports Arena C~lttt'., opposing the resolution
adopted by the Saratoga City, Council having to do with the pro-
posed sp>rts arena.
Suboissl~n of infor&1ltion fr<'1ll \'31100 Park and Phillip I.yon, Gordo
and CO"pany respondinG to the requ..st for any proposed revision of
previously subaitted plans.
Letter from Mr. Robert A. Cav~llero, owner of property on corner
of Homestead and Stelling, expres<ing opinion on zoning matters
and requesting infoc.~tion on status of his property.
CC-170
Pas. 3
CC-170
pqe 0\
«lttel
:c-·!"Jf~.tloD8
:ecelv..s and
Eile4
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KDII'rES OF '1111 AlJCUST 20, 1973 crr! Comi:IL ~AdG
Vartou lete.. aøI pet1tiolUl vith refeceuce to the public hearinaa
oa the propo'" 8IJopp1Da celtere.
AD _~ ~ec:e1ft11 tJd8 date adY1aiDI of UICO Public Bear1Da
at 2 ',H. øa Sepc.-.r 5th 01a &-tiøaa Dd......tt1 73-6, Granada 73-4,
aa4 'fn- 13-5.
AD ___~ of the forthcOll1lla Je'n"f Levta Jtucular Dy.troph)'
te1et1loD.
The c-ty pi f.. D..... -t c 11..et1oD .. referred to the
naniaa D1ncto~ with t:ae 1n.tract1oD to report back to the CouDcU.
!layor Inda ..... the staff to wite to 1Ir. . lira. lIar1qer, explatDilla
thet the ~1c Safety ,"_f·.JÞII 18 -rldDl OD thia _teer to vh1ch
they refen_. CoIIIIcU- FroUch .......tecl aplaill1n& to th_ that
the State ... pn . t" the requir_u of _1M of nhiclea, etc.
CouIIci~ .J..:.... ..U the CuperUIIO Sc_ hea iDfonation on thia.
CouIIcll_ hoUch aaid Sea !lateo c-t)' 1a tak1Da a different approach
to the lIOi_ pro!>l_. .. DOt..s thet 110 pena_ record 18 kept her.
110 the pr_t practic. of "f1>< h ticket." i. r.lativ.ly ineffectlv..
Couac1l8ell holich .tat..s that ao to tot of the DOiae probl_ in the
Clt1 of C....rt1Ao e:..... f~ vduel.a operarin& outside the limit. of
the Vehicl. Cool.. .tieo. part. ~f tbe Vehicle Coole ....... re.tudy.
"-101' lnda ....._t..s iaYiting Mr. IUUer to a \later Depal'taent ....une·
~..s b)' C_Uaen !layer.. .ecoDII" b1 CouIIC11aa1a FroUch to receiv.
aIIIIi fU. the witteD C øfcatlou.
MIItioll c:arrl..s, s-o
Mayor Inda c_t..s 011 a l.tter he bad reedv..s fre. CASP (Croup
A¡alut s.okilt& PoUutiOIl). COUIICU..n FroUch ..id he had recdv" a
letter fre. thea when he va. Mayor aDd he wrote them that our air coDllitlonb
.,.1'- 18 ..ry effective, .te:. The City Council Cbaab.r ha. b....n divided
Into _bra 011 0... .Ue aDII aøn-_ker. on the other.
Mayor Inda ..U he received a l.ttel' fro. Mr. WilU.. Pan ish a.ltl...
that we requ..t IIOre fll&bta to HavaU he. San Jo.. Airpon.
6. Ol'al C
...t"acioDa
a. Ro... requ.at....
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KIJUrES or THE AlJGUST 20. 1973 CITY COUlICIL M!ftDIG
b. Request lay COUlld,~ for removal of it_ froa the
Consent CaleDdar. - There were DOne.
PUBLIC BEAIUHGS
7. Hone
APPLICATIONS
8. Planning Co.-isslon
(a) Application 4-V-73 of Kitchell Sagar for Variance to reduce
side yard setback reçuirement for a duplex zone fr~ 12 feet
to 5 feet 4 inches. Said property is in a R2-4.25 Zone.
Rcc01lllllended for a?proval.
(1) Resolution So. 3528: "A Resolution of the City Council
of the City of Cu?ertino Granting a Variance to Mitchell
Bagar to Reduce the Side Yard Setback Require..ent for a
Duplex Zone f~'~ T~elve Feet co Five Feet, Four Inchc5;
Said Property ~s Located Within the Southwest Quadr~nt
of the Intersection of Randy Lane and Hogue Court,,"
(b) A~?I~cation 6-V-73 c: ~:tchell Sagar for Variance to reduce
front yard setbac£ re~u:rement for a duplex lot from 20 fpet
to l~ feet, 6 inches. Said property is in a R2-4.25 zone.
Rec~ended for a?p~oval.
(1) Resolution 50. 3530: "A Resolution of the City Ceuncil
of the City of Cu¡>ertino Granting a Variance to Hitchell
Bagar to Red~c~ Front Yard Setback Requirement for a
Duplex Lot fr~ ~~enty Feet to Fourteen Feet Six Inches;
Said Property is Located Within the Soutil'..est Quadrant
of the Intersection of Randy I.ane and Hogue Court."
Moved by Councilman Jackson, seconded ~y Councilcan S?ark~ to
approve applications 4-V-73 and 6-V-73,
MOtion carried, 5-0
Mov,'d by Council....n Meyers, seconded by Councilman Jacks"n to ado!,
Resolution No: 3528.
Motion carried, 5-0
Hoved by Councilman Jackson, second~d by Councilman Meyers to adop
Resolution No. 3530.
Hot ion carr led, 5-0
CC-170
Page 5
4-V-73 and
6-V -73
approved
Res. 3528
adopted
I...". 3530
adopted
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KDRrrES OF THE AUGUST 20. 1973 CITY COUNCIL KEETDlG
(c) Application S-V":¡3 of Estate BOlles, Inc., for Varúøc:. to
lDcrease tbe f_ llet&ht in a duplex 1:o"e bea 6 f_t to
a saxiIIIJI bei¡ht of , feet involvIng the rear lot I1J1es of
Lots 2-11 of 'leDUC&' Kap 6-TK-73. Said property 1s in a
a2-4.2Si zona.· "ed f!)C approval.
(1) Resolutioa 110. 3529: itA Resolution of the City Council
of the Cit)' of Cllpertino Granting a Variance to Estate
Boaes. lac.. CO Ixrease the Fence Height in a Duplex
Zone frea Six I'~ to a Haximu10 Iteight of K~ Feet
Involving the Jear Lot Lines of Lots 2-11 of Tentative
~p 6-TK-73¡ Said Property is Located Easterly of and
Adjacent to !&Yi"'.. Avenue, Approximately 400 Feet South
of HOIIIestead !load."
Moved ~y Councilman Meyers, seconded by Councilman Jac£son to
appro"e .!;:plication 5"'-73.
Koti.on carried, S-O
Moved ~: Councilman Meyers, seconded by Ccuncilman fro:~ch to
adopt Roò·,lution No. 3529.
Kotion carried, 5-0
(d) A~~lication 7-V-73 o! Stuart Kadas for Variance to increase
t~~ number of pe~tred stories for a single-f~ily resi-
¿~tial strucrure from two stories to three stories. Said
?=o?erty is in a Rl-IO zone. Recommended for denial.
(Continued to Sepre=ber 4, 1973, at request of a??licant.)
9. A~~hitectura1 aDd Sire Approval Committee
(a) A?~lication BC-51,284.1 of Ad-Art, Inc. (Fireside Th.ift)
re~esting approval of a sign plan for a commercial building
l~cated on the DOrch side or Stevens Creek Blvd. ~st of
!!:..ney Avenue. lec-ded for appr.Jval.
Moved by Councilma4 3.~~~, seconded by Councilman Xcyers to
appro"e application ec-51.284.l.
~1Dn carried, 5..{J
CC-110
Page 6 .
5-V-73
approved
Res. 3529
adopted
7-V-73
cont inued t,
Sept. 4th
HC-51,284.i
a?pro',cd
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-110
::o;e 7
IIIlIUI'ES OF THE AUCUST 20. 1973 CITY COUNCIL MEETDCC
(b) Application HC-Sl,299.2 of S.H.A.R.E.. Inc., requesting a~proval
of a sip plan for the !u!1bleberry Pie Shop, located at the
north side of Steveøs Creek Blvd., west of Sa1ch Vay.
RecOllllllended for approval.
Colored slides of the proposal, the site plan and a drawing of the
proposed sIgn were displayed. The Planning Director said the result
of the heariD¡ at the Architectural and Site Ap~rova1 _eting, the
Coaaittee approved the sip, but reduced its size. Since there will
also be professional offIces on the site it was felt there should not
~e a pole sign for the pie shop.
Ms. Sophia Ostoyre, 430 India ~ay, Sunnyvale, representIng Bumbleberry
Pie Shop, said both signs are only 2% of the maxir:um allowable 3% of
the building square foocage. She showed a rendering of the buildin~
and the sign on the ma~ard to scale. She said makin~ the sign scalIer,
as the Architectural and Site Approval Committee recoœnends, ~ill make
the sign unreadable. She said that when she first caoe to this
country s~e did not like the signs. Now she works ~ith si~n c~?anies
and tries to come u? ~it~ arc~itecturally pleasing signs.
I The Planning Director con:ir::ec.. that the signs are 'õ:'t;,in the Sign
1 Ordinance restrictions. ~~e Co~ittee related this sign to the one
I across the street.
t Council~n Frolich was ~n:erned about the approach ~e are taking as
to signs. A few years ag:, the Sign Ordinance that Cupertino adopted
. was one of the strictest cnes in the County. It ha5 been modiÎied
s~ewh3t in the last few years. In this case, the 3?plicaDt came in
~ith less than the ~~~ allowable square footage. The thinK that
con~erned hbm was the arg~~ents used, as recorded in the Minutes.
He said we a?pear to ~e in a state of flux. He thinks that the rules
and rcgul3ti"ns should ~e 3?plied. The effectiver.~ss of the Architectural
aDd Site A~proval Com:ittee ~:rks only to the point ~~ere it is cheaper
for the apt'licant to abid" ~y the rul!np,s of the Co=ittee than to go
t.O court over the nat:er. ~e believi.'s the sign ap;ears to be in
proportion to the building.
Council~~n Frolich said t~~t if we don't want the co~ercial, then let's
be honest about it and lezislate it out of the Citv. He believes the
proposal made is cons~Q~r~~ly within that allowed by the Ordinance.
t:pon the request of Coun:il::.an Jackson, the City Attorney q""ted
Section 7.021 of the Ordinance. Councilman Jacks:n s~ggested that the
Ordin3nct' be revised beca~5e he feels the allowable square footag~ is
too high. He said he wocl¿ just as soon go along with the Cc=ittee
that has been appointed. He feels they arc tryin& to u?grade the City.
':!
E-51,2'i9.2
.~ro·ie.c! for
faU 94 s:¡. ft.
E-5! ,2%.2
c=n~bue4
11':-51,075.36
8?;Iroved
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MINUtES OF TIlE AUGUST 20, 1973 CITY COURCIL KEEflJlG
Mayor !rvin stated be was a fotlller member of the Architectural and
Site Approval C~ttee, and he acknowledged that a lot of the problea
in teras of color, sue, and IDOveable signs, etc., occur outside our
City limits. Be agreed vi~h COuncU....n Frolich ~bat the applicants
should be allowed to go ~o whatever they are entiUed to under the
Ordinance. Be did DOt tbink the proposed signs vere out of scale.
CouncUaan FroUch cautioned that we should not allow arbitrary
standards when makiøg decisIons on these pr~pcsals. It may be that .
the OrdInance should be cbanged, but looking at this pro~sal, It
does not appear to be out of place.
CouncUaan Jackson said unless the Coaaittee grossly abuses their
guidelines, the City CouncIl should back u~ their decisions.
After further discuss~on, it vas moved by C~'ncilman Froltch. seconded
by Council.an Meyers to approve application IiC-51,299.2 with the
exception that tbe signs are to be permitted to be 94 51uare feet
rather than 3/4 of that figure.
Motion carried, 4-1
Cc> Application HC-51,296.2 0: Bob's Big 30Y Family Re.tuarant,
represented by Ro~ert E. Eakin, reque3t:ng approva: of a s~gn
plan for a resta~r&nt facility located at the south~e3t corner
of Alves Drive and Saratoga-Sunnyvale Road. Rec~~ended ~or
denial.
This has been cODtlnued.
Cd> Application BC-51,075.36 of Westfield Co~?any requesting approval
of site, ~rcbi~ecture, landscaping and grading for a tvo-story
industrlalloffice building located at the south~e>t corner of
Pruneridge Avenue and Tantau Avenue. Reco=oended f~r approval.
}~ved by Councllaan Sparks. seconded by CcuncilQan Jackson to
approve applicatIon HC-5l,075.36.
Ifot ion carried, 5-0
Ce> Application HC-5I,241.5 of De Anza Oa~s req~estin~ modification
of site. architecture, landscaping and grading relati~e to the
recreation facility for the De Anza Oaks developnent located
1600 feet vest of Foothill Expressway 0:\ Permanente Read.
Recom1llended for approval.
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KINUTES OF THE AUGUST. 20, 1973 CITY COUNCIL MEETING
Hr. Bok HeBa1D, one of the partners of De ADza Oaks vas present
to discuss this ~roposal.
Kayar Irwin said the resUeøU in that area hß·e __ed vben they
are going to buUd that vall and when will the dl1&in8 be
finished. !Ir. McBain sa!d the subcontractor did not Cet a buUd-
1n& peTlllit. nor did he b8Ye any inspections. The subconcractor
bas been negot1atiD& witb tbe Building Department on the lIOund.
The BuUdinl Deparment's Hr. Busto has approved the enpDeerinl
that has been done on the footings, etc.
Hr. McBain said a fence baa been installed alonll the easterly
boundary. There i. to be a retaining wall by unIts 3 and 4
which will be installed within 60 days. The gndin¡ Is sub-
stantially coapleted, except the engineers have made a substantial
mistake and there now is a total of 10,000 yards of extra dirt
out there. This probl_ should be resolved within a ..-eek.
The Planning Director sbo~ed colored slides and a site plan of
the recreation area as or1~ina~ly ?ropos~d and õS ~¿i:ied.
Elevations ef the recreati~n room and a landscare plan ~ere
displayeJ.
There ~as sooe discussi~~ about the possibility of requ:~ing so~~
type of barrier above t~e retaining .all.
CounC'iiman rrol ich asked :f there '",3S acceS5; to tho!! re~rE:a:' ~:J:\
area without going by the p:x>l. Hr. }IcBair. said the~e ',;i 11 be a
ramp c,~ing from the par,i~g lot. It will cou.e alo~g the right
side of the pool, betwe~ tbe fence and the kiosk.
Moved by Councilman Frolicå, seconded by CouncilQan Srarks, to
aPFrove application HC-51,24l.5 in accordance with Architectural
and Site Approval Committee Resolution No. 316.
~~tion carried, 5-0
Councilman Frolicb reflected that it used to be that the Council
s?ent hours reviewing the Committee's recommendations. In ..ost
cases, they pass rathar r..pidly througil the City Ccuncil ~~~ and
he does not think it i.. any reflection on the Cc:::":ttee th<:.t oc-
casiot1ally the Council ';oe" not go along with their decision.
They sh:>uld pay attentio.. to .-hat the Council is doing ",itf. th"
applications, and tbe Cou:.:il should pay attention to '.-bat the
Comœittee is doing.
CC-110
Page 9
HC-51 ,241.5
approved
'raaicall
iDCre_
a¡:proveci
D. ...
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IUIIUU.s OF THE AUGUST 20. 1973 CITY COUIICIL MEErING
IIIIFDIsøm IUS11IISS
10. lleqaat frml Calls ...1 "bed, Inc., dba Yellow Cab c-þo&OJ of
Cupe.~iDo, for _ ~ in ~8Xicab rates. (CoøtiDuell fr_
_tiJl& of J_ 18. 1t73.)
!lie Director of &.".f...."_i... Services deferred to tile appl~t
1a tile II1II1_..
Attorney Stephen Gu..a. h., 1134 West El Camino \teal, IIouDtain
Vl..., Cdi!oroia, sa14 ODe Ite:: that ctome to his atteøtion recently
111 tut 1Jor!cHn's C'--r -..t1.oø Insurance coutdbutions are going up
apin. There Us b_ a 143% 1Dcrease since 1969. All their
operaticul costs baY. iDr:r"eased 15 to 20%. The drIvers vork on a
c~bsic.. basis aDd baYe SlOt received an increase in 3 years.
Be s~id t.:s Altos aDd JIo1auiD View have approved this proposal,
.œ Pale Alto will be appr-iD& It shortly. The rates are identical.
Ibved by C-.-uncilcao S;J&rks. seconded by Councilaan Jacltaoo to approve
the rec=~ed increase for Ca!>s Unlilllited, Inc.
Couocil~ :ackson noted that ~5% of this increase goes to the drivers.
lie also ,,-,:e.i that :apprO'l'a: h&s been given by our nei¡hboriDlI cities.
Moti= carried, s-o
IŒV IIUSIS£5c
11. Avar: ef t1ae deposita.
lløYed by C.:uncilman J-"-œ. seconded by Councilman Prolich to Avard
tbe t1:oe <!er"s1ta as per the reco::sendatiou of the Director of
Adain1stra:~v. Services in hå report dated August 21, 1973.
~\YES :
~ES:
=~ncilllen Frol~h, Jackson, ~e}·ers, Sparks, Mayer !r·l1n
Soone
Hot~ carried, 5-0
llA. App=i:1t:::eots to UDdergr=w>ding Committee.
!layor INi:! suted he was hesitant to appoint t;:o Councll::en to this
Committee s~~:e t~ey are alre¿dy quite busy. H~ asked for cc~ts
froa the =:~er Council.en on ~~~s 'Clatter. Cou:"1cilï;'lan Ja.ckson sU¡Egested
there be periodic meetiDgs. 1 or 2 tiDIes a year, by this Cocmittee and
that they :~~rt back to the Co~ncil. !t ;:as the concensus of the Council
to go a¡o~ ~ith CounciLaan ~ackson's sug~estion and that the two
Council SeAts on this Under&r~ing C~ittee remain vacant for now.
· .
IUaI"ld OF m AD!."1]ST 20, 1973 em COUlCIL MEETŒ
12.
·f.. th. Interm Urgency Orcli_.
rc1ally-zoned propertiea.
ConeiduaÛOJ1 for eott
110. 569, nIat1D& to c
1IIa ".....f.. DUKtor repotted that at tbe t1llle of the lallt
......A.ion it .. clec1cled there ..,. be the possibility of ext_:Iøna
dnaIb Decellber 18th. Coaœu-ø Heyers noted that tbe Geural
~ cleliberaUou are taJdaa aJCh lODBer than anUcipated.
..... ., Counciban !byer., aeconded ., CouncUman Frolich to
...-, . Inter1a t'r¡enc:y OrcIiDaDc:e 110. 569 to DO la:er than
.IC-...... 18, 1973. In the ~ ie 1a cOIIIpleted before that
~., or that it is IIXteucled beyond that date, there vi11 be a
,.a.11c DOUce to that effec:l:.
!t:It1oD carried, 5-0
13. -.quest f"r authorizal:1oD 1:0 ao 1:0 bicl on Phase 1 of
~r1al Park.
the Director of Public Voru auted that a set of these plan8 va.
lDcluc1ed in ::!:e ::ouncll paclt.et.
c-i1Jolõn ~...yus ..aked if t::e !>end iaaue is passed tbis fall
__!:her ".. ~:~; 1aclude any ot!>er it_ in Phase 1. The Public
ibrka Direct:: said thia would be under aeparate contract.
!llnred by CO-.1:>.::.l:Ian Heyera. aec:or.ded by Councilman Jacuon to
_thoriz. t~e stat! to ao to !lid on Phaae I development of
~r1a1 Parir..
ØES:
C"....:1lun Prolich, Jacbon, )'.eY"rs, Sparks, ~)'Or Irvin
~::e
mES:
HDtion carried, 5-0
œDDWlCES
J4. Second Ilndi"8 of OrcI1Dance 50. 606: "An OrdiDBnce of the
City of C"¡lutlno Aaeucliac Section 1 of Ordi~nce No.2"
Prezon1:g Approxiaate1y .23 Acre frOlll Santa Clara County
&1-10 (ksUentla1, SillCle-faa1ly, 10,000 sq. ft. per dwelling
uoit) zone to Cit~ of Cupertino &1-10 (Residential, Single-
f_U,., lC,QOO sq: ft. per chMlling unit) zone: Located
IIorther~y aM Adjacent to Cupertino Road Approximately 200
FHt Easterly of the ~ersectlon of Crescent Road ancl
Cupen ino lDad." read by the Ka)'Or.
CC-170
Paae 11
0rcI. 569
exteDded to
Dec. 18, 1973
or earlier if
po.sible.
Phase I Park
clev. authorize
I
Œ-170
.... 12
Or.. 606
. Secoacl - u.
Or.. 606
eaact'"
Ord. 61>7
Secuad lteacal
Ord. 607
eaacted
e
e
luIIurl'Jl OF TH! AUGUST 20, 1973 CITY COUNCIL KEElING
.... by CoaIIc:illUll Jacksoo, ..COPded by CounclllU11 Meyers to haY.
Or41aøc:e So. 606 rud by titl. only. aDd the Kl:.yor's reading sball
caaatitute the secoad read1ø&.
AYES:
-.s:
Coand1Een Prolich, Jackson, Meyers, Sparks, Kayor Irvin
Jcme
Kotion carried, 5-0
)loved by Ccw2c:UIUII Jackson, seconded by CounclllU11 Heyers to enact
OrdlD8Dce 50. 606.
AlES:
eo.:"c:ilMn Frollch, Jackson, Meyers. Sparks, Mayor Irvin
~::e
WOES :
Motion carried, 5-0
15. Sec:'''¿ "~.1diog of Ordinance No. 607: "An Ordinance of the City of
Cu?e~t:~o Amending Section 1 of CrdInance ~o. 2 by RezonIng Approxl-
....:e::.. ~.9j A.:res from R3-2.7 (ResIdentIal, Multiple, 2,700 sq. ft.
per !.~::i"g unit) Zone to BQ (QuasI-Public Zone; Located Adjacent
to "":. '~<sterly of the Western TenaInus of MerrIman Road." -
rud :.. '!.1yor Irwin.
~ved by =:c~:ilman Meyers, seconded by CouncIlman Jackson to have
OrdlD8Dce ~:, 607 read by tItle "nly, and the ~~yor's readIng shall
constitute to" second readiag.
AYES:
mES:
.o,",-",:Uaen Frollch, Jackson, Meyers, Sparks, Kayar Irvin
s.:""
Motion carrIed, 5-0
!loved by C:""dlll8ß Heyers, .econded by Councilman Jackson to enact
OròiD8Dce s.:. 607.
AYES:
!IOES :
':"""",U_n Frollch, Jackson, Heye~s, Sparks, Mayor Irvin
x:>oe
Motion carried, 5-0
.
.
!mIIFrES OF TIΠ,-\I."GUST 20, 1973 CITY COONCIL HEETISG
16. Second leadin¡ of Ordinance Mo. 608: "AD Ordinance CallIng
. Spedal !tImicipal Bond Elec~ion in the Ci~,. of Cupenino
for the Purpose of Subaltting to the Electors of Said CIty
.the Measure of Incurring a IIoftded Indebtedness of Said CUy
for the Acquisition, eonatruct1oD and CoIIpletion of the
rollov1n¡ !brlcipal Iaprov_t. to wit: Park and lecreatio
Iaprovments; Declarin¡ the Eatmated Cost of Said Municipal
Iaprov_t. the AIIoUllt of the Principal of Said Indebtedn..
to be In=..'"ted Therefor, ad the )(a......... late of Interest to
he Paid Thereon; Kaldog Provision for the Levy and Collecti
of Tues; and FWn¡ the Date of Said Election, the Kanner 0
BoldIn¡ the S_, Establishing Election Precincts and Poll in
Places for Said Election, Appointilll Elecdon Officers
Therefore; and Providing for Notice Thereof." - read by
Jlayor Indn.
!loved by Cou:1dl:un Jackson, seconded by Councilmar. Sparks to
!wire Ordinance So. 608 read by title only and the ~yor's reading
~l constitute the second readIng.
AYES:
lIIOES :
C~u:1cil:en Frolich, Jackson, Meyers, Spar~$, ~yor Irwl
:-\',,::e
Motion carried, 5-0
Moved by c~~~:::=~~ ja~kson. seconded by Council~.~ ~eyers to
e-..act Ordi::a::", :;:. óCS.
AYES:
JI()ES:
C:;;:::~:=e:1 Fr.:>Uch. Jackson, Meyers. 5;:a:i<$. !'tayor Irwi
~::"
Motion carried, 5-0
USœ.urIOSS
17.
110. 35:6: ..... Resolution of the City Council d th.. City of
Cuperti::: A:l:~ing Certain Claics and D~3::JS Payable in the
AIIounts a::: :r~: the Funds as HereInafter Described for
Salaries ~~ .ages for the Payroll Period E:1gi~ ...ugust 7,
1973.
.
This includes .arrants No. 18492 ~hrou¡h 18653, f"r a ~ross total
of $41,619..:.
!loved by Co\:::ci::un Jackson, seconded by CouncU....n ~..y..rs to
adopt Re801ut~::: So. 3526.
AYES:
C"u::cilmen Frolic!:, Jackson, ~eyers, Sparks, Mayor Jrvi
&".,
9O£S:
MotIon carried, 5-0
CC-17 0
Page 13
Ord. 608
Second Real
Ord. 608
enacted
Res. 3526
adopted
'.170
...n
. 3527
te4
... 3532
Mlpted
... 3S31
-,ted
.,
.,
KIRJTES OF nIE AUGUST 20. 1973 CIn COUNCIL MEETINC
11. 110. 3527: nA aa.ll1C1œ of tile City Councu of the City of
Cupenbø Allovtaa Cena1a Claw and Daand. p.,..le in tile
-'-ts and fro. tIMI ..... .. Hereinafter De.cribed for ~ù
and JI1KaU_ · _ -"icv.., Period EDdins Auauat 20. 1973.n
lfarranrs Wo. lS011 tllr-.Ja Im7. for . totù of $1,166,115.16.
..,ed by c:-u.. ___. ,-caSed by Council:8aa J.c:kND to adopt
&aoluttoD Wo. 3527.
AYES:
.:lIS :
C:-U_ Prol1ch. .Jact.on, Mayers, Sparks, Kayor Irvin
~
IIoU.oD ~ied, 5-4
19. No. 333.':: "A IesoluclOD of the City CouncIl of the City of
Cupert:':~ Sett1D& T_ bus for the Fiscal Year 1973-1974."
Moved by C:·..;:::i12an Meyers. HCODded by Ccu:lcilman J~ck ()Q to adopt
".0Iut1~ ~, 3532.
AYES:
SOES:
::~:ilmen Frol1:h, Jackson, Meyer5. Sparks. Kayar Irvin
S.:-::..e
5:lt ,.on carried, 5-4
20. Xe. 33"3: "A Resolution of the Cit~, Cou:ldl of the City of
Cuper:~: Authorlztna t!1e Mayor and the Cit~, Clerk to Execute an
Agre~: ~etweeo the City of Cupert1n: and the City of San Jose
f~r :::c ~surfacll1 J of a Portion of 3"¡lin~er Road."
!loved by c.:""",Uc:an JacltaOD, ..conded by Ceu:I"ilaan Sparks to adopt
lesolut 1o::. ~:. 3533.
AYES:
SOES:
::,-",dlJMn Fro11cb, Jackson, ~eyers, Sparks, Kayor Irwin
~_....e
Kat ion carried, 5-4
2:'. 110. 333-: "A lesolution of the City Co..ncil of the City of
Cuper::..::.:! AuthorlziDa the Execution of an Agreement by the Kayar
and :~ City Clerk with the City of SU:ln~~ale Relative to Traffic
Si&n&: ~intenance."
The Director of Public Works answered Councilman
Section 2 0::' ~age 2, that it would be 67% of the
interSecti:::., 50% of Ho.estead at Mary Avenue.
4 working :egs.
Jackson, regarding
Homestead and Blaney
!lor.1estead at Mary has
e
e
ftUlUU.S or tHE AUGUST 20, 1973 CITY COUNCIL MEETING
CC-170
Pale IS
IInecI by CoaDc1lman J.c:k_, seconded by Councilllan Heyers to
adopt 1.e80lutioD No. 3534.
Res. 3534
adopted
~1on carried, 5-0
22. Ro. 3531: "A 1IeSOlutiOD of the City Council of the City of
Cupertino Approving !faster Tree List of the City."
The Director of Public Yorks explained this list, with botannical
aDd common ~s, is a SUBaary of existi~ street trees.
The City !la:l.qer said the CIty is going to be going to a DUIIIber
of citizeQ$' bo.es where the street trees have dIed and is going
to tell è_ the City is going to replace them. They will be
offered t~e option of participating in the CORt if they should
prefet t~ I~ to a larger size than the City normally puts in.
The City ~~ager said that the City is g~i~g to try to get away
frea t:e i'r,*lea with sidewalks being ¡'",,,en by tree roots that
are see~i~ vater by putting in monolythic sidewalks.
The Ci:~ ~ger said it is a very b.¿ ~:icy to put the same
varie:y :: :ree. one af~er another, i~ t~e terrace because of the
~Dotc~y a:~ also the possibilitv of a ~i5ease wiping them all out
at once, ~e cited the Dutch elm tree disease that vas prevalent
in a :i:, :.... East. The value of al:.tna:ing the variety of
trees :. 5: that we won't strip a nei~h::rh~~d completely of trees
Moved :~ c.::,¡n~illUn Jacltsoa. seconded :-y C-'unc tlman ~yers. to
-'opt ~s::~tiOD Ro. 3531. The City C:un:il is in favor of a
yarle:y ~: :r....
Res. 3531
adopted
!lotion carried, 5-(1
CXJNS~-: .:A:.D1Wt
23. ....,1I1tion!Co. 3535: "A 1Iesolut i~: of the City Council of
the City of Cu.enino !fakIng Its Order Describing the BoWldar
in ;)esignated as 'DeRose 13-3' t.:' he A:lnexed to the CIty and
Orderi~ Annexations to the City .ithout Public Hearing as
Pr~1ded by ~¡ Approximately 0.:30 Acre Located North Side f
Old Stevens Creek aøad between Car::e~ and Crescent Roads."
24'. A.:cept~ce of auniclpal 1aprove"."ts: ~ntebello 5, Tract
Xc. SOO4 west SIde of Bubb Road Sorth of Columbus <51,167.4).
.
.
MIlIUTES OF THE AUCUS'f 20, 1973 CITY COUNCIL Hl!ETIHG
lfaved ~ CouDc1JJuD .1-"--. Mconded by CouucU- lfe)'en to
8dopt me Consent Cat.......
1føc1oD carrIed, 5-0
JIoved ~ Counc:it.ø I'rolich, seconded by Couucilll8ll J.:kson, to
issue a proclaaatloD for the Jerry Lewis Telethon for Muscular
Dystrophy for the _keD4 of Septl!lllber 2 and 3, 1973.
!lotion carded, 5-0
Moved ~:r Councilaan !layers, seconded by Councilman Jackson to
adopt iesclution 50. 3536.
AYES:
NOES:
Councilmen Frolich, Jackson, Meyers, Sparks, Kayar (rw!
Sane
MDt ion carried, 5-0
REPORIõ F1œt COUSClL 1Œ?P.::S~"TAT1VES
25. ~..A!"r Irvin:
l~ter-Clty Council
..50 meet~ng.
Drug Abuse Coordination Comoisslon
, .There vas a meeting on methadone main-
tenance, with a lot of interest, both
pro and con. A two-day study session
is forthcoming.
Le~ue of California Cities
. .So aeeting.
26. c.:.=~UIIAD lroUch:
Transportation CommIssion
..50 aeeting.
Lecislative Review Committee
..50 meeting; won't meet on a regular basis
for a while.
CC-170
Page 16
Consent
Calendar
adopted
Muscular Dystr,
phy prod_aU.
.
Res. 3536
adopted
I
I
MIIroTES OF THE AUCUST 20, 1913 CITY COUNCIL MEETING
CC-170
PaRe 17
The staff was requested to obtain copies of
SB 1270, 1307, 1320 and AI 1715,1721, 1864
1869, 2105 and 2312.
27. Councilman .Jadtson:
Association of Bay Area Governments
Santa Clara County Water Commission
Urban Development and Open Space Sub com-
aittee of PPC
Airport Land Use Commission
· .No ....etings.
Councilman Jackson asked that the Santa
Clara Water CommIssion County meetings be
taken off the agenda because there have
been no ....etings.
28. Councilman Meyers:Planning Policy Committee
· .110 report.
Hillside Subcommittee of PPC
· .1'0 report.
Air~ort Land Use Commission
· .So report.
29. Councilman Spar~s:Flood Control Advisory Committee
· .No meetings.
Commission on Alcoholisa
· .No meetings.
REPORTS A.''D Ml:'1ZT£S
30. Planning Coocission
A. Submission of Minutes o( regular meeting August 13, 1973
31. Architectural and Site Approval Committee
A. Submission of Minutes of regular meeting August 8, 1973.
.
.
~.
70
IS
HINUTES OF THE AUGUST 20, 1973 CITY COUNCIL MEET DIG
32. Parks and lec:reatlon ec-1asion
A. SublÚss1cm of KiDutes of regular lIIeeUng August 8, 1973.
~:
33. Water ea.a1aaiol!
A. No meeUaa scheduled.
34. Library eo.ú.Ss10D
A. No meeting scheduled.
35. Public Safety Commission
A. No meeting scheduled.
REPOn FROM OFFICERS
36. City Staff
Councilman Meyers asked about the Stoneson negative declaration on August
13th. Ih~ Plan~ing Dire~tor said the plan remains basically the same.
The amendment will go to the Planning Commission on August 27th.
The Director of Administrative Services stated that ~~en this aeeting
is adjourned it should be adjourned to the next regular ~eeting on
Tuesday, Septeaber 4th, due to the Labor Day holiday.
The Director of Administrative Services stated that August 31st is the
last day to submit ballot arguments.
The Direc.or of Planning and Development stated he has submitted two
reports to the City Council reRarding County matters. As to the
County City Services Zoning District, Associate Planner Covan appeared
before the County Planning Commission regarding the 2-1/2 acre lot
minimum, with the result of an amendment being added. More information
is forthcoming. The second item regarded their referral 6P73.2 (Stevens
Creek Blvd./Kann Drive Service Station/Car Wash modificatiGn). He reviewed
the approach taken previously taken by the City of Cupertino related to
car wash facilities.
.
HUiUTES OF TIlE AUGUST 20,
.
1973 cm COUNCIL Nl.!ITUIG
Councilman Hey.rs ..14 he agrees with the staff's analysis of this
aDd vent along with their rK__""""tion.
1tøved by Couac1lmaD !f8yers. aeccm4ed by Councilman Jackson to
approve the Staff's rec -~"tion OD County application 6P73.2.
lføt10n carried, 5-0
Upon recaaenclatioD of the City Hauager, it vas lDOVed by
Councilman Meyers, seconded by Councilman Jackson, to appropriate
$7,000 from tbe Gas 'ax Fund 2106 surplus for the purpose of re-
surfacing of Bollinger Road in accordance with Resolution 3533.
AYES:
NOES:
Councilmen Frolich, Jackson, Heyers, Sparks, Kayar Irvin
None
Motion carried, 5-0
'Iñe Parks and Recreation Dire..;tor said the Cupertino Scent: \."ill
be ready on ¡:edneaday, August 22nd.
The City Attornrsy reported t:"'t the Saicb trial had been taken
off calendar.
38. City Counc:U.m...
Councilaan Frolich ask.ed the &~ff and other Councilmen to relay
theIr viewa to hiD prior to h1a _tin¡ with the regard to ~:¡C
Regional Plan. The City ~ger wa& basically concerned ~"it¡' tbe
extension of Freevay 85.
Mayor Irwin announced the resignation of Hr. William Hoyt fro::
the Library Commiaaion.
Haved by Councilman Frolicb, secoaded by Councilman Jackson to
accept the resignatIon of ~.r. \lilliam Hoyt as a ~lember of the
Library Commission and requested that a suitable plaque be pre-
pared for presentation to him.
Motion carded, 5-0
The Director of Administrative Services stated that tbere are no
applicant a for the Library Commiasion st the present time.
CC-170
Page ::
.
...
....
.
KINU'l'ES OF !:IE AUGUST 20, 1973 CITY COm:CIL }ŒETIRG
ADJOUJJiKEXt
a,yecl by Councila:m Heyers. seconded by Councilman Jackson to adjourn
this _eting at 9:30 P.H. CO 7:30 P.tI., on Tuesday, Septea!ler 4, due to
Labor Day falling on the repdarly scheduled Council aeeUng date.
Further, the :adjournment CO tile previously announced _tJ.ø.g for tbe
CClDtinuation of tbe public bearings on the Land Use El_t of the
Ceneral Plan W3S to 7:00 P.IL Tuesday, August 21,1973. in the Honta
Vista Bigb School Auditon-.
HoU_ carried, 5..0
.
.
ATTEST:
/./ Ills.;:. Ryder
City Cler"
APPROVED :
/s/ Keith E. Irvin
Mayor, City of CupertiDO