CC 02-04-74
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CITY OF ct.'PERTUIO. STATE OF CALlFOR.~IA
10300 Torre Avenue, Cupertino
Telephone: 2S2-4S0S
MDlUTkS or THE REGULAR MEETING OF THE CITY COONCIL
OF FEBJUJABr 4. 1974 HELD IN THE COUNCIL æAKBER
CItY BALL. CUPERTINO, CALIFORNIA
SALUTE TO THE FLAG
Mayor Irwia called the meetiag to order at 7:35 p... with the
Salute to the Flag.
ROLL CAlJ.
Councilmen present:
Councilman absent:
Frolich. Jackson, Heyers, ~Y"!" Irwin
Sparks
Staff present:
City Hanager Quinlan
City Attorney Adams
Director of Administrative Services Ryder
Director of Public Works Viskovich
Director of Parks and Recreation Butler
Associate Planner Cowan
HlNUTES OF pRE.VlOrS }:EETl:;GS
1. Approval of )!inutes of Regular ~Ieeting of January 21,
1974.
Page 2, second line, delete that portion readinf "leads to cut-
throat public services." and in its place add "leads to cut-
throat com¡>etition to t"" ultimate detriment of public services".
Page 3, next to last para~,..aph, the sentence should read "Cou.,cil
man Frolich ,"ould Ii;'e staif to investigate ,..hat cakes }Irs.
Fretwell's situation different from the auto repair services
at Gemco, Sears and Key C:,evro}et.
Page 8, paragraph 6, add the phrase "based on the ERC recommenda'
tions. II
CC-199
Page 1
CC-199
Pap 2
MINUTES OF THE FEBRIJAllY 4, 1974 REGULAR CITY COmiCIL m:ETING
Page 12, itea 25. the last two sub-paragraphs should have the hcad-
ing "Legislative Jleview Collllllittee."
Page 13, last paragraph. the motion should read".. .to support the
request for Federal aid for restoration of the Trianon Building."
Moved by COIIDc1J..an Jackson, seconded by Counclll11æ1 Meyers, to
approve the H1nutes of January 21, 1974, as amended.
Uotion carrled, 4-0
Co.~iinHCATIO!IS ',:
2. Written
A. Submissioa of a petition signed by some 109 re~idents
of the Glenbrook Apartments on Mary Avenue requesting
removal of the "no parkins" restriction on Mary Avenue.
The reason given for this request Is the overcrovding
of on-site parking resulting from activities at Flint
Center.
B. The servi:1g of a Petition for Writ of Manda¡¡:us on the
City Clerk by Dennis Leigh Riches, Erwin J. I:::.'1of and
Ellen I",;of on January 28, 1974 directing that the City
set aside its Resolution No. 3592 adopting the acendment
to the City's 1964 General Plan.
On January 29, 1974 a letter was received from the
attorney for the petitioners dated January 28, 1974,
giving Notice of Commencement of Ac.tion and request
for preparation of record of City Council proceedings.
On January 31, 1974 the City Clerk Wa3 aerved vith an
Alternati..e Writ of :Iandamus with a ¡-larch 15, 1974 date
to shov cause.
C. A request from the Association of Bay Area Governments,
dated January 23, 1914, that the City Council adopt the
resolution for the continuation of ABAG's "RIDES" for
Bay Area Co::cuters program.
D. A letter froa William J. Griese, dated January 17. 1974,
calling at tention to parking probleD's and dri ve!'Jays in
the De AAza Oaks development.
E. A request from the California Association of the Physically
Handicapped, Inc., that the City adopt the 1973 Building
Code at the earliest opportunity.
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K1N1JTES OF THE FEBRlJAII 4. 1974 REGULAR CITY COUNCIL HEt;UltG
F. A notice froa the P1bl1c Utilities Commission of aD
application by Vest Valley Charter Lines for authrrlty
to iacø... fares.
G. Sublliasioo of a naolution by the Board of SuperYÜOra
amandin. the n_ for Regional Parks, an element of the
General P~ of Santa Clara County, by the adð1Uoo of
Lake Cuaatnp_ Parlt.
B. A notice f_ the Public Utilities Collllllission fOl' the
approval of Iø7 L. Arledge, an individual. doins business
as United Tr_it, for authority to :!xtend passenger stage
service 10 var1~us areas.
1. A noti~t froa the Public Utilities Commission advising
J:IOdif1cation ~f a previous order relating to curtailment
of operation of window and display lighting and outdoor
blllboarcls .
J. A notice fro!:: the lies tern Un I Telegraph Coa:pany that an
application has been filed vith the Public Utili~ies
Cvmmission for a re~~sion in the rate structure represent-
ing an approx1:atel, 14% increase.
There \:a$ some discussl:m about the leU"" from ~r. Aver¡ and its
accot:l¡oaaying petition g)O residents of the t:lcnbrook Apar~::ents
~ho ",~ulà like to have the parking privileges restored along
Mary A.en~e. It appears .e could run into a problem "'~th the
bic~·c!e l.ë....~es. May':)r !r.1~ felt t:1at if t'3.r~ing ",-as a par:icular
proble", i:o that area ¡:e~aps the tìleater ap¡>lication for Oaks
Shoppi:1¡; Center shoul¿ ':Ie re-exacined. After further discussion
it "'as deciéed to place the ~tter on the agenda of the next
regular City Co~cil ~eting.
~oved by Coundlmm !:eye::-s, seconded by Co...."cilr;nn Jackscn, to
adopt F.¿:h,juticn So. 3612 ·.~..ic..."$.¡ suZ'ports ABAG's "RIDES" for 'Bay
Area C~==uters progra:.
Motion carried, 4-0
The City Attorney requested ..., Executive S"s,:!on regarding the
Imhof litigation.
The January 17, 1974 letter froc :'Ir. l~illi:lt1 Gries" was referred
to the staff.
r.:C-199
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CC-199
P".se 4
m~1.TIS OF THE FEBRI1A1'!Y 4, 1974 REGL'L.-\R CITY COUXCIL MEETING
In regard to the request from the California Assoc1r..c.iœ of the
Physically Handicapped. Inc.. Kayor Irwin noted act.iœ has been
takc to modify the C1Cy Ball steps.
MoV'td by CQuncilslaa .Jadulcn. seconded by Counc:ill\l8D Prolich. to adopt
a resolution opposiøg actioD of the Plbl1c Utilities Co--h.ion to
exteuloperaUon of v:iDdGw and display l1gbting and outðoor billboarcls.
Motion carried. 4-0
Mayor Irlíin stated thai: prior to this Council meetina. Explorer
Scou:s held a mock City Council meeting. Some of the Scouts were
present at the ~ty CoaDc1l meeting a:1d he publicly recoJlÚ.Zed
the:a.
May"r ¡Nin aclr.aow1ecfged CCC bulletins So. 17 a."\d 18 and responded
to :~e: in kind.
)i""e~ :: CNJDcilman Ja.dSo:1, seconded t-y Councilman Meyers, to
re:e:' ·.-e ""d file Writte:1 Co:::onmicolUc:-.5.
)iotion carried, 4-0
3. Oral
\a) :;,'<1e
,:0\ ;(eqœst by Cc=c11::.en for re:..,,·,ll of items froll Consent
C..lendar - None
May:r ¡~.:.:! called ~ £xec~tive Sessi::! at 8:08 p.m. The ðeeting
recc::"e:::ed .1t 9:08 p.~. ~yc r Irlíi:: announced this lLeeting would
I be ,;~; :'"~ed to Thursdzy, February 7. 1974 at 11:00 a.lI. for another
Exe:~::~e Session.
Pt.ïH.¡C ;¡::ARINGS
4. ::'rst reading of Ordinance :;;;>. 618: "An Ordinance of the
City of Cupen1:1o Repealing Ordinance 002(0) and Ar.e:\ding
Ordinance No. 002 by Adding the Classification 'Planned
Development Zoce'."
the Ci:y Attorney reo;uesrei time to discuss this Ordinance with the
staff ,rioe to acUOD.
·
JUJ4J:n;S OF tHE FEBltUAB.Y 4.
.,
1974 IlEGULAIl CITY COUXCIL MEETU«:
Dc. Joe Irvw. Pepper Tree laM. Cupertino. had 801De quutiona
,.aizWla to Sect10118 7 allll 8 of the Ord1nSJIu. He vae
1Dstructed to cJiKU" with the staff.
CoaDcilman Jacbon ..id an area that needa clarification 18
tIIIether or DOt the appl:1cant _at have precise plans of the
_tire deYe.lopcel1c area or only for his own property.
Councilman FroUch feeb that all we can do is present reasonable
.bmdard8 in this Ordinance.
Hra. Patti ]Idscoe, Hanta Vista, suggested pictures be taken and
tbe people required to check vith the neighbors in a 300 ft.
radius 1ihen there is an application for development of the
property. The Associate Planner said the posting of notices is
!Deluded in another Ordinance. This viII b~ discussed at a
later date.
Councilman Jackson suggested a change in definition on page 2,
Item 3. .\lid the \:ords "and existing development."
Hr. R.D. Kcenitzer, 10060 P~~r Lap Drive, Cupertino, said he
found one t:.ajor problem in the Ordinance and that ,,-"as in the
area of a -finitive developcent plan. !!e feels it should \oIOrk
_1nly on the land use, short and long range terms of the
development, and ~~ should stay out of "the detailed layout.
Another poin: he vanted to bring up ~s paragraph 7.3. He
believes any ~itiz.'n should be able to contribute to the dis-
cussion on an application before the City Council, i.e., any
referral to the Council fro!:: other commissions should be public
hearings. He su!:"itted hb carked up copy of the Ordinance to
tbe staff.
Councilman Frolich ~~uld like to explore the matter of the right
to appeal. ¡!:e Associate Planner said any pers.:>n has a right to
appeal a de~ision vÌlether it is approved or denied. :"Ir. KoenHzer
sald he th"':.1!:h:' "'~1S not nec~sséi.'!:"Y to havta a vuhlic 11{~aring unleRs
tbe Planni~~ ~~~ission decision is appealed because it takes core
staff time to prepare.
Ms. Nancy Sallan, 10141 Bilich Place, ~uportino, noted that most
people in C"t ~ ity are not fani: iar ",ith the City proe ess and
may not realize they can corne to the 1oeeti::gs and mal:" their
feelings kr.~".". :':s. Sallan ...-culd like to discuss the interfac-
ing of the Arc::itec tural and Site Approval Co:r.rnit teo>, the
Planning CC'=ission and the City Council. She said this has
been an area of the Cormdttee for a long time. The Committee
CC-199
Page 5
CC-199
Page 6
Ordina::tce
613 CO:1:i:1-
ued
16-Z-73
~.,ott.aS G.
Traeu:rrr
Publit" aear-
ing clos~d
l6-Z-73
approved
~
...
KIN11'l"ES or TIlE FEBRUAK! 4. 1974 REGULAR CITY COUNCIL KEE'rL~G
.
feels this is the time to determine the responsibility of the Committee
and tl¡e responsibility of the Commission. It is their opinion that
site layout, landscaping setbacks and all design elements need to be
reviewed by the Coœa1ttee. Applications that come to the Architectural
and ö:ite Approval COIIIIII1ttee in the precise stage are worked out to such
an extent that the aesthetics are not a possibility to be modified at
:bat pof.:1t. She submitted copies of the Palo Alto Ordinance establish-
ing the Architectural and Site Control COlllClittee. She rderred to the
Planning Director's January 23, 1974 me.., regarding early input from
tbe ASAC.
145'.- 'Ana AngH, !fc\nta 'u.ta, said she is very concerned about the
lumberyard approved at Portal and Stevens Creek Boulevard. She was
very conce=r,~d at the appeal at the Council meeting vas not a public
hearing. ::ayor Irwin stated it is the City's policy to listen to the
citizens, .hether or not it is a public hearing.
¡'loved b)' C~t;:1cilman }(eyers, seconded by Ccu::dlman Jackson, to continue
Ordin~'ce ~o. 618 to the next meeting.
Motion carried, 4-0
5.
A??lication l6-Z-73 of Tnomas G. 7raaumer: Prezoning 0.388
eo.s ~rom Santa Clara County Rl-IG (Residential, single-family,
lO,COO sq. ft. per d.elling ~it) zo::e to City of Ca~ertino
R:-IO (Residential, single-family, 10,000 sq. ft. per dwelling
~~:t) zone. Said property is lOC3tc~ ~. the northwest corner
of t::e inte."secticn of Cupertino Road and Crescent Road.
Recc::o~nded for approval.
The Associate Planner identified the subject property at the corner of
Cupertino Road and Crescent Road on the CJp on the bulletin board.
Al,hou~ :::e applicant origi::ally proposed to rezone to 7,500 sq. ft.
lots t~is application .as modified by hi= to request 10,000 sq. ft.
zoning, ~ased upon the fact there was no p~ovision for a 40 ft. road.
:iayor 1""" asked for co ::a:ents from the audi.mce. There were none.
~oved by Ccu:1cilman Meyers, seconded by Councilman Frolich, to clos~
Public Hea:i.ng.
~otion carried, 4-0
~[oved by Councilman Meyers, seconde~ by Councilnan F~ollch, to approve
Applicaticn 16-Z-73.
Motion carried, 4-0
.....
...
KINUTES OF THE FDJlJAIf 4, 191>'> REGIIUJl cm COUNCIL HEETIRG
(a) First readiol of ~aace No. 619: "AD Orclinaace of the
C1ty of Cupa ttUo -'-clin& Section 1 of Ordiaaaca 110. 2
" Prezon1D& ApfIWd._tely 0.388 Acre froa S~ta Clara
C:-ty Rl-I0 UnUeaUal. Single-Faily. 10.000 sq. ft.
Per ÐlreI1in& ØdC) Zøae to City of Cupertino Rl-1O
(lIHicleutia1. cf~"-F..uy. 10.000 Sq. Ft. Per Dwelling
Uait) Zone; L«.~. at the Nortm.....t Comer of the
Intersection of ClpettiDo bad and Creac:ent Road."
IIaad by Mayor Irv1D.
Moved by Councll_ FroUcb, .econded by Councilman Jackson, to
have Ord1:IaDce No. 619 r.... by title only and the Mayor'. reading
shall c:c:::sdtute the Fiøt leading.
Motioø carried. 4-0
APPLIC.:'::JXS
6. :'lanning ComI:dssion
(3) None
7. Ar~~itectural ~d SIte Approval C~ittee
CC-199
Page 7
Ordinance 619
first read1D.&
la) Appl1caUoo HC-Sl,299.1 of S.Il.A.R.E., Inc. request~ HC-51,299.1
Ing ~?prova¡ of archit~~ture for a pro?oseó bank an~ S.~.A.R.E.. Inc
modifi{;aU= of landscari:1j; for a proposed b:::Ü<. and!
offIce c....-;>lex located <':1 :"" north side of Stevens'
Creek ~~ule?ard, west of Saich Way. Recocoended
for approval.
Since ::,o:e ~ere no ,!""stIO'15, it ~as "ooo.oed by Councflman Frolich. HC-~l,259.1
seco:1¿':': ~:-- Counc11~3: J~~k.son. to .3pt'r~"'Vl· HC-51.299.1. arpr(\ved
M~tio~,carrled, 4-0
I',)
Applicati~ HC-51,)31.l ,¡ J,seph ^da-~ requesting
approval of site. archi!:.(':tu:\.~~ landscaring. grad-
ing and li;.'tlng for a c,"~:":c;.al buil¿i:1g loc.:1ted
at 'the s~ut~\;est corni"r ..~:' !=',"~.('stead Road an.d
Stelling Road. Reco~end"d f,r approval.
Counci ~=-:., ~:e}'crs q"""U=ed "hy th~ 5 ft. la..,dscaping area
adjac,": :~ t~e dri·/e-..ay was deletcd ::c:-: this appliciltlc... TI,,,
Asscc:.~:~ ?la..'1.ner said :':-.e adjacent r:{a-",i-"Jay will b~ 1cpn.,·..~d.
This .;3 .! :!I.istake to 5~'7W this on t:lí:3s."' p:,H~S. The 13~dscapirq:;
is taa: Õ ::. strip tëut has been pr"·..i~'u,, 1)" approved under
anct:~í''' .i;"?l icatiC'n.
, HC-;:. 331.1
.!03~?:1 ,"-.da:-:o
I
CC-U9
Pap .
,
BC-S1.33I.l
app_ ·
HC-5:.239.8
Po~¿¡ Fl.a%a
Sh07.' i:1&
Cen~er
HC-51.259.1
apprO'ftd
...
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Kl!IUTJ'S OF rdE FEBRJ;AIΠ4. 1974 REGt."!.AR em OOUNCIL HEE'TIlIG
CouncUam Meyers said aldaough there hød been a previo_ aane_t to
tie aU three of these praperties together. he saw neither Hr. Hartin
Ball or!fr. Jason Clart1er, the other two principals. p_t at this
'_Uq. 011 that basis be voulci like to see this pustpOD8ll. VbeD he
put this in the fOEII of . mtion, it died for a lack of a aec:oad.
Hr. Jo&er Criffin, of Dick F1nigan'a office. was present aød offered
to _..r ..y questioas.
After furtller discueaiOlt. it vas 1IIO\'ed by Councilman Frollch. seconded
by Ka10r Irwin. to approve Application RC-SI,33l.1.
, ~..,
. .
:.
Motion carried. 3-1
Councilman Heyers opposed
Counci~ ~eyers explatned his oppositi~n was that he would prefer
to ha'~ ~re informatioa on the adjacent property before malting this
decisÜ·::.
(c' .;,,?lication HC-51.259.8 of Ed-.:i:1 J. ~(yers reqUf!sting .~pproval
:, site and ar~~itecture for a c~~~rcial building located in
:::e Portal Plaza S!:opping Center at thc northeast COTner of
S:e\'ens Creek 5culevard and Portal Avenue. Recorr.=ded for
at'r'roval.
The Ass:~iate Planner s~e~ slides of t~e proposal.
}~yor :~.i:1 asked for c~ts froc the audience.
Atto~~ Ja:es Miller. representiug ~r. George Yamaoka. offered to
answer .J:1y ~uestions.
C~unci::an Meyers noted there were no c~a:1ges in the landscaping at
the se~.~~e station. ~e Associate Pl~~~er said if the bank went in
there ..ou:d be a need for addi tionai ,ar"ing spaces and it will come
back t: :;-Co:ntrol at t.'tat tie>e. It was felt that perhaps it would be
too CU~~ of a burden to reqaire the building supply store to assume
the rcs?:=sibiiity of th~ landscaping.
Moved ~! Councilman Meyers. seconded by Councilman Jackson, to approve
Appli~:ion HC-Sl,2S9.8 s~ject to the cO:1ditions recomcended by the
ÀSAC.
~otion carried, 3-0-1
Councilman Frolich abstained
..
KIlIUTES OF mE FEBRUARr 4. 1974 REGULAll CITY COmlCIL HEETl!1G
(d) Appl1catioa BC-98,006.1 of City of Cupert1Do nquuUul
approval of huclac:apinl for a proposed l.ûc:ape.s area
located at the west aide of Hary Aveøua acljaceot to
!!oat. 85. lecCl r led for approval.
!loved by Councilman !layers, sC!coaded by COIIDc1~ Jackaoa, to
approve BC-98,OO6.1.
Kotioa carried, 4-0
COlD1clltlm ~ey.rs said be would like to see SOlH coorcl1naUou
between the City and perhaps the residp.i1ts in the area on this.
~-199
P~9
BC-98,OO6.1
City of Cuper-
tiao
BC-98.006.1
approved
(e) Application HC-92,OO4.l of Cit¡." of Cupertino C'::rporation.; HC-92 ,00.. .1
Yard requesting approval of landscaping for a rocJr. bin ¡ City c,f Cu;:er-
e"closure located at the northvest corner of ;Iacy Avenue ~ Uno
a:td ~eteor Drive. Recommended for approval.
Moved by C~uncilm.~, JacJr.son, seconded by Councilman Meyers, to
approve ~~?lioation HC-92~J4.1.
Motion carried, 4-0
Mayol l~~L, called a recess at 10:30 p.m. The meeting recon-
vened at :J:S3 p.m.
¡;:¡FlNlSEJ S:;SI:>ESS
8,
Dis:~ssion relating to acquiring an casement across
S~,,:hern Pacific tracks at Somerset Park.
The P~r~5 L,d R"creation Director said a !'umber of citizens "
attende¿ .i ::~eting \\!her~ the request \.;a5 made for access to "thl" ::
;1
parit. He s~id last 'oIee" t,e lock on the gate Co the park was 1
bro¡;en ~::~ Òildren ",ere ;>laying on the Southern Paci fic Tracks. i
Tne Cit:' _~t:<,r:te)' read the let ter from So::¡erset Square "est ,
Hooe....-".r. ,;.s<,dation regarding the above situation. The lette~
also o::ereJ solutions to the problem. IJiscussJon followed as
to the C::y's liability ~,d the safety factor,
'\.
Patti B:-::'5.:..:'e.~!ont~ Vista. offered the information that cone of
her ch~ :'::-è:'l 'il:1J~r 7 years old are allO\{cd to leave the yremiscs
unchap"':.:~~d. S~le felt tne HomeO\.~cr3 Association dcct'lcd this
an unsafe cùnditicn so they could organize and find a solution.
HC-92,OO".l
approved
I
Recess
Easement ô'J~r.):;:;
SP tracI:5 to
Son&cn~ct P.J.:-~
..
...
CC-J.99
Pace 10
lIINUTES OF THE FEBIIDARY I., 1974 REGULAR CITY COUNCIL MEETING
P..~.a1 for
10dt -,-t-ð
Moved by c-c:11_ !feyen. seconded by Councllaan JacJr.son, to deny the
proposal for the &priuS loaded lock on the gate to the park.
Motion carried. 4-()
Aac.o œpa1r
at Cranada &
ar-ae Avenue
9.
lleque.t by Hrs. Fretwell to discuss maintaining an auto
repair garage in a CG zone at corner of Granada and Orange
Avenuea in Hoota Vista. (continued from meeting of
Januazy 21, 1974)
The, City Attorney. refe~ed to his written report on this matter. It
vas hh legal opiiñon there is nothing ve can do to allow this use.
The alternatives in this case would be to make auto repair in e CG
:one allowable or rezone the property light industrial which would
allow this use. Be said Sears auto repair is operating und~r use
Ipergit in a PD zone. Cecco auto repa~r is operating under a use
;permit in a CG zone. Councilman Jackson asked the City Attorney
.
ito address the state~nt made that had it not been misrepresented
\oy City Hall, they would not have requested annexation. Tite City
~Attorney said he did not feel that misrepresentation was the case
¡.here vhen you 1001< at the chronology of the case. It was unfortunate
¡t:lat it happened however.
Councilman Meyers vas disturbed that business licenses have been
'issued here for several years. Th~ Director of Ad=1nistrative
;Services said that if they do business in the City they have to
~hav" a business lice:Jse. This is a "ource of revenue for th.. City.
,CounciL~an Jackson noted there are potential grounds for closing
: this business. ?er:taps the City could amortize or phase out the
,Dusiness. The City Attorney said he could not advise this because
'it would set a precedent.
¡patti Briscoe, ~onta Vista, said she is torn bet~een two zoning
Ljurisdictions. She said they hav~ 3 such bus il'esses within the
'ar..a. There are no side"alks, inadequate parking which tlakes a
[safety problem for the school children.
~.:s. Ann Anger, ~:onta Vista, submitted so",,, pictures of the area taken
¡in Xay. She has been trying for a long title to upsrade }!onta Vista
¡"hi en she said is a beaut Hul area. She feels the COW1ty Inspection
lkpartment is understaffed and she has not been able to get t:le Board
f Supervisors to hi re more people to inspect the area. S:le hopes
that ~Ionta Vista annexes to the Cit)· of Cupertino in the near future.
·~
,
KIWtES OF THE FDRUAKY 4. 1974 REGULAR. CITY COUlIClL HEETIKG
Hn. Fretvell th"l'k." the City for their help. She.aid .he is
juet as 8lUd.0II8 u III. Anpr is to have Monta Vista c1_oSup.
Hr. Strupr, 0nDada Awn_. operator of the prap. .del he
,""Orb for hi_elf ø4 has no employees. Be keeps the place as
tidy as he CIIII, hovewr, he SOl:lf!U_ works 12 to 14 hours a
eI.,.. Be saiel he voulel have to IIOve out of the City of Cupertino
if his 11.:_e i8 rnoked. In 1969 the 11cense vu sent to hi.
frail the City of Cupertino; he did not apply for if:. Sùbsequeut-
ly each year he pta the bill for the license. He not eel that he
has his cancellecl checir. for his 1974 license. The Director of
AdministraUve S"nices stated that the money will be refuneled
if the City Council decides against chi!! use.
Hr. Struger say~ he has worked 5 years to build up his busin~8s.
He has the silPutures of 10 people in the immediate area who are
not against hi" business.
Councilman Meyer& agreed we should strive to ur~rade the area.
Ho~e..er there i~ the need for certain services. Perhaps we
should consider areas in ~hich to allow these uses. He recog-
nized the City Attorney ha~ stated this is an il~egal, non-
confo~n6 use. He said he would be in favor of a co=promise.
Councilman Jackson agreed. He said in addition to looking for
upgrading of area, it is also necessary to look at hardship
involved. He would be inclined to take the advice of the City
AttC'm~y .
t
;
I
þ
i
Councilman Froli~~ w~u1d be in favor of phasing out this business~
wit~in 3 to 4 years. r
~I"ved by Councilcan ~ey.rs, seconded by Councilcan Jack3cn, to I
reco~i7.e that this is an illegal. non-confor.:IÍng use ar.d the f
Ci~y will seek to abate it i~ a rC'asonÄble length of ti~.
. ,
Motio~ carried, 4~
10. Discussion rela:ing to sale- of fireworks in Cupertino.
UpC'~ advice of the s:øff, it was moved by Council~~~ Frclich,
seoC'~ùed by Council~an Jackson, to refer the fireworKs matter
bac~ to the Pubiic S~icty COt;unission for clari îication oi thei r
moticn.
Motion carried, 4-0
CC-199
Page 11
IlleGal, ~,:C.-
cont("lr::é.::.~ '.~.:~:
Salc 0: f: r;'-
",wOT:<'~. P{::':':-fê"
to PI':~!':'C.
Safet]" (c::=-.
CC-199
Pace U
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MTh11TES OF '!liE FEBII1.ur 4, 1974 REctILAR CITY COUNCIL KEElING
11. Report of Capital _rovement Steering C~ttee
O1aimm Chuck Saycfar ~ed the February 1. 1974 report from the
Capital ~('\I4_t St-tlS Collllllittee. He uked if there were an.,
quest1ons~>' Àfter~~cas1on of priorities. it was _d by
Couø.,{1...m Frol1c:h,e- -"-d by Couacilman !leyera. to adopt the
report of f1nd1np 0,£ dMI Capital Improvement Steering Comø1ttee
dated February 1, 1974.
Motion carried, 4-0
HayÇlJ: Irwin th~ the .Steering Committee for their efforts.
. '.'
12. DiscussiOn on ao(u1sition of ~usol1no property.
The City Manager ref~rred to his excerpts from the City ~ager Report
of November 16, 1963.
~wved by Councilman ~ers. seconded by Councilman Frolich, to take
the necessary steps t~ set for Public Hearing the acquisition of
the Husolino property.
¡lotion !:arried, 4-0
Councilman Jackson sta:ed a staff analysis is needed o~ tl. advantages
) versus the disadva:1ta<;ð of acquiring the property as well as what
¡ affect it will have on future bond is~ue5. He felt ther" ... re serious
¡ impacts here. Counc!.:::>.a:1 Frolich would like included in this ana1~~is
I a discussion of purc.'",so':!g this particular parcel against others in
'the City.
~Ir. Anthony !lusol1no,:r.-:1er of the property, said he ,,"auld like assurance
that the decision voul¿ be :ade at the next Gity Council meeting. He
said he was told it w=1d be a public ....1ring on FeÍ>tuf?ry 19th.
NEW BliSL'iESS
13. Consider4tion 0: pn.posed amendment to Environ=ental Impact
Procedures .
Move1 by Councilman Fr::ich, seconded by Councilma.~ }Ieyers, to recognize
we are goin~ to have ~d~ts to the Environmental Assess:!ent Procedure.
Motion carried, 4-0
-'ff
'''''':I'~'''''¡ "
..:., ,'.:>,,-;
< . -'.
,C<"_;'¡"""
"'~':~~;!{
...
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IIIJIUTES OF THE FE1IJIUAKY 4. 1974 REGULAR CITY COUNCIL HEErDtG
14. Staff report OD Ualleqround COIIIIIIittee _tiDl of
Jauary 29. 1974.
IIø'INIÍIb1 Cœnc11un Hey.a. n~-'ed b1 Couac11_", Frol1c:b, co
8CÛpt ,the 'staff report _ ÐDdeqround COIIIII1ttee _Uol of
.JaWàrr 29. 1714. ' "
Motion cirned, 4-0
15. llequest'b1 FiDe Arts Lea¡ue for use of Civic'Center area
for art show.
Hoved by Couac11maø Frolich, seconded by Councl1l1111D Meyers, to
approve the request of the FiDe Arts League.
Kotion carded, 4-0
16. County referral of ..e permit application to construct
Dicr~ave relay station on ~ontebello Ridge approx~tely
3 miles west of Ste~s Canyon Road (4P74.1)
Tne Associate Planner called attention to the staff meeo of
Januat)' 31, 19:'4 recoQe::cti:¡ that no facility be approwd on
Kentebello Rid&e until ei~er the County's Utilities Elecent
of its General Plan is ~deè to reflect communications
equipment on a County-.ide scale or until the PPC Hillside Sub-
cOllllDittee h..s an op ortu~t! to develop locational criteria for
equipment ~it~in the Kont~eIlo Ridge study area.
~!oved b)' CO\:1cilman Jac;Cs::r.1, seconded by Councilman FroHc.>¡. to
refer this catter back t= the County with no action ta;ren by the
City of Cup.rtino until t~e Cc~ty Planning Commission can
establióh its criteria.
Motion carried, 4-0
: .
ORDINM\CES
17. SeCl>nd reading or Ordinance No. &17: "An Ordinance of
the City Council of the City of Cupertino A~thorizing
an A::>èndment to t:-.e Cc:::tract Betl<cen the City Council
and the Board of "~"'::istration of the California
Fublic Employe".' ?.eti ret:.ent Systcm." -- read by ~..ayor
INin.
CC-199
Page 13
CC-199
Pap 14
~
y .pr.tftllli--:--_ No.
k::617,...cond
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¡..os olue ion
3?07 aé.c:¡>ted
~olation
36GB aè.:>pted
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MTh"tITES OF THE fEBl!!1AllY 4, 1974 REGULAR CITY COIDICIL NEETING
Koved by CouD..n- FroUch, seconded by CouDcillllan Jackson. to have
Ordinance 110.,617 read by title only and the Kayor'. reading shall
consrituteth. s.:-cI 18&011118.
:';~-~¿;?
{:'j, Motion carried, 4-0
, .'ç'C,'!"
Moved by C()\",~f1~ Frol1ch. seconded by Coun':l1_ Jackson, to
adopt Ordinaneello. 617.
Motion carried. 4-0
;. " .
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RESOLUTIONS
18. No. 3607: "A Resolution of the City Council of the City of
Cupertino Allowing Certain Claims and Decands Payable in the
Amouaca and frOlll the Func!~ aD Here1nafl~r Described for
Salaries and 1o/ages for the Payroll Period Ending January 22.
1974.
í íne ~ayor noted this Resolution No. 3607 includes Warrants ~c. 19989
~ thr~ugh No. 20100 for the total of $25,276.02.
,
~!~·..ed by CounciI::a.1 FroUch,
; adc:?t Resoluticc :.... 3607.
,,'
.. AY7S:
.t ~o:::~:
~ A5SEX¡:
seconded by Counciloan Jar.kson, to
Coul"c1l:1en
None
CouncilllaD
Frolich, Jackson, Meyers, ~ayor Irwin
Sparks
Xotion carried, 4-0
I
19. 1:0. 3608: "A Resolution of the City Council of the City
of Cupertino All~Jfng Cert~in Claics and Demands Payable
in the \::!cents and from the Funds as Hereinafter D.?scribed
for ~neral and Miscellaneous Expenditures Period tnding
January 31. 1974.
MaY~r Irwin stated P~solution No. 3608 includes Warrants No. 1985
I through No. 2106 for the total of $382,687.89.
f :'wved by Council=an ~eyers, seconded by Councilman Jackson, to adopt
Resvlution ~o. 3608.
AYES:
NOES:
Ai!SE.,r:
Councilmen Frolich, Jackson, Meyers, :Iayor Irwin
None
Counci1aaa Sparks
Motion carried, 4-0
#
~
IWIUUS OF tHE FEBRUAn' 4. 1974 REGULAR cm COUNCIL lIu:uJlG
20. 10. 3610: "1 ,.,,"1~cna of the City Councll of the City
of Capertino A11'~&~ç.rta1n Claims ø4 DeÍÎa1lå payable
iD tile AIIIoœte .r:i;~;tbe runcls as Beref.Dàfik, Ducrib
forGeaeral aøci;IM.....11-eous Expenðitures'J,>eÖOCI rII&f1l1l
February 4, 197V~ ,\ .
. ~ ,"
x.;or ilVin said Re"oluti~:iJ: 3610 includes Vananta'l'o. 2018
thrwgb 10. 2095 vith the total of $26,232.38.'
Hoved by Coœcllman Jackao1I. secoaded by CO\'IIcllman Heyers, to
lIdopt Resolution No. 3610.
AYES :
HOES :
ABSENT:
CouDcllmen FroI1db,
None
Councllcan Sparks
Jackson. Meyers, Mayor Irvin
Motion carried, 4-0
21. Xc. 3609: "A Resolu~iOQ of the City Council of the City 1
of Cu;>ertino Authorizing Execution of Cooperative Agree-
Den: Be:.een the State of Califomia, Departœnt of
!ra~s?~rtation, and the City of Cupertino Providing for
Ra:::? :;~tedng at Io'olfe !!Dad and îree",ay 280."
The Dire~:o~ C'f Public WorLs referred to the January 28, 1974
ae:::o c.ntit:¿.": ,·Cøopcreti·...e ~;gre~ment with Departœcnt of 1rans?or-
t..:ion f"r ",,-=? ~~etering at ¡¡"elie Ro:td ""0 Frc,...ay 280". He I
revie-.ed :;,,, ,TOblem, the project and th~ proposed solution.
Council~,., :~olich contended that ram? metering could have ~~
adverse effe,,: on ot.'ter streets in Cupertin;:!o
Councilc~ :a"~son wanted to 1t.~ow if an Environmental I~act
Report "'C'U:~ "e necessary "" this project. The, Dir"ct,~r of Pub Ii
Works said i: ...as his underst..nding they ...ould be filing a .
Negativ~ ~~¡~rðtion.
~r. Walter .~rd, General ~~~ager of Vallco Park, said the DeLeuw
Cather Tra::~", Consulta~ts 5tudied th", D:ttter and felt ra~
~terin¡; ~'.l; ,.,C't desirable :'ere. The County and City of Santa
Clara h3~:è ¿;:o::-roved rar.,p r:.-?':: ?!"!.i1g. San Jùse and Cupertino have
.,ot take:1 a,,:è~n as Yf!t. Haybe by denyi,,£; it here we would
abort the e,.,:èro> project. L! tne State ¡;,'e5 ahead with a partial
ramp meteri,,_ it could ~ea" additional traffic for Cupertino by
~e car5 t~~: ...ill come to our interchar.b~ to avoid the ceterin¡;
at the.ir :1'::-"::'G.l intercha..~ge. !-1a)"or Ir.,·i:1 \"'ondered 1f Cuper~ino
disagree; ~'~r" this ram? :e:ering if there ,",ould be any i",?lica-
tions on t;'è .!i¡;hway 85 ex:ension.
CC-199
Page 15
~801ut1on 361('
adopted
,
~ CC-199;
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Resol,.1:'!.x.
3609
con:i~.g",a~
Resolut:..x.
3611 aO:Ï'~"d
"
.
MINL'TIS OF nlE FEBRUAKY 4, 1974 REGUlA.'!. CITY COUNCIL KEETIKG
Hr. Jerry OUwr of Cal-'fcÎns Highway Operations exp1a1l1ed there is
no arbst1~œ for capac1riOa freeways. Ramp metedag is ODe vay to
contr->1 ......c¡estion Oli tfae"freevay. He does not st:e a prob1ea Iii terms
of efiL-t an City atreeú:t In addition to ramp metertlig they are
'proposU¡ ..nliary ~."> 'Ihe purpose of the cooperath. agreement
is :hat tf they do have prOblems then they will pay for the engineering.
etc. to ~rnct the Pra&1eIIs- Ramps will be widened for two lAces of
.tor....
Couadl2u: .!ackson was _earned about the precedent that vould be
s~t .by Qis agreement.
. .'
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Hr. Oliftr £lSlIered Cc1mcilaan Meyers that h" was r.;;t aware of the
State >:~=g .tIt<!ad with raa;J :metering b a dty ,,-here it had been
refu..~. ~ then offered to 'anslòer any ~uest1ons to better clarify
the ~::':. H~ said it is their intent t~ help to cove the traffic.
; Coun.:~--'- ~ro>Uch note-J 1 t is appare¡:t :ha:, for <1 nw:!ber of reasons,
, the : .-"~..:; ~Ltuation is goir.g to get .or." for freeways. He "anted
; to k::.-. ";,,?,,rtino f{"ds r"",? meteri::s i5 not sur,cessful after six
: mvnt~~ ~~¿:~~~ ~~ could back off. Di~~~~sicn fol:o~ei. Councilman
, F1..~...L..:.~ ~.::-.-¿:i to continue chis mattê!t' .1::! ask for staff study_ This
i J:l<)tio: ','-.; '.-:'thdralo."D.
.
Afte~ : .::-:::lr discus~i=, it was mow,; :,y Councilman Frolich,
see.....::.:.::.: =:; C.:,uncilman ~eyers, to cont:":-:·;Ii! the camp met~ring prcject
for :'-.'-: -";:':!i..S.
I
I
! The '::::7 :~~~ger introduced a
t; t~~~~~;~~ :.1t by the Co~c_l
Mov~¿ :- :~~~cilman Fro11Ch,
&eso:~:.:~ ~~. 3611.
~otion carr~ed, 4-0
,.
":. 3ó11: "A P..,solution of t:,,, ':::':y Council of the City
:: ;~ertino A~t~orizing Execu:~:~ of Agreereent for an
~·.-i=~nmental l::;>act Report :C'r ',;¿stfield Cor¡>oraticn."
letter ="s~r¿ing this a3tter. It was
that th,,~¿ =8 no conflict of i:1terest
seconded by Council~an ~eyers, to adopt
Motion carried, 4-0
.
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HDIUIIS.OF THE F£B1U1AD' 4. 1974 REGULAIl CITY COUNCIL HEEl'IIIG
mRSEIt ratl1m".
23. Accept_, of Jlllaicipal IlIpfu. nts:
'" , .,~Z:
;:if,:)",':'_
St_oa:'Dllliwdop.ent Corpofttioo - Pbø.. I .4 II
,:"'~t,and C_:::la1 Cftter
"'&" ,t corner of Kary A_~.. and ~
c,c~'''1Iòu1.vard
~ . ,.
" ~~ - ';!: ,:'
IIoved by Council1118n Frollc:i1'~ aeccmded by Couac11111h Kayera, to
app_ t!Je Consent C·1~d'r."
!lotion carried. 4-0
REPO!û'S f!KIM COm¡CIL IŒPJtESENTATlVES
24.. ~)·or Irwin:
Inter-~¡ty Cour.cil
League of California Cities
25. ecu:1.cilman FroUcll:
Transport~ti:~ Committee
Legislati"è Rèview Committee
l~. C:;:¡c1lman Jackson:
Associati:~ cf Day Are. Governments.
Urban De\'~ :c?""nt & Open Space I,
SubCOc=i::è~ of PPC
Ai rport I,,::..! r se Subcon:mi t tee
I
I
2i. ::uncil~~. Meyers:
Plannins ~:licy Committee
Hillsi¿e S~~,:~ittee of P?C
Airport ta::d L"se Commission
28. C:-.:ncilman Spar.:s:
Flood Con:":: Advisory Co::ittee
: '
REPOR:S A') ~lXUTES
29. 'la.·ming COIt.~ssicn
(a) Submissi= of Minutes of t::¿¿Üngs of January 28
~nd Janua%)' 17, 1974.
30. .~r=h:.tectural and Site Appro\'at C..:o::ittee
(a) Submissi~ of ~inutes of :oeè:i~gs of January 23
and January 17, 1974
CC-199
Pap 17
Coaaent
Calendar
approved
.
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CC-U9
Pap U
...
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aI.o1..:.S OF tHE FJ::BRUAJD' 4, 1974 ~;:GlUR CIty COlmCIL ::-¿EII:<iG
U. Parks and Recreation Ccc:issiOl1
(a) No -Uaa scheduled.
32. Vater Co1:nf_"fooa
(a) Meet1n&~duled for January 23. 1974, ~l1.:e.i.led !or
lack of quona.
D. Ubrl!ry C~ñoa
. .
(a) Jlp lDCe~1ø1 scheduled.
I
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,
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}4.
Pub lic Safety Cocdssion
(3) SUb!:Ú.5SiDn of !-linuts of re¡'.1la!' oeet~n8 of Jac...:.uy '..7.
1974.
,
¡
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IŒt'2,': ,RC':[ OFFICERS
~. Ci.ty Staff
R:::C':-:-·::!.J~' o}.~ ~O::-AGL~ï..A ITE:!S :~': ::O."i'OR
¡
:
,
.
I
r
.
G¿n~ral Audic~ce Rr.qu~sts
:-tr~ ,-:::~r h'drd dio;trlolJtcd cOi'it.~ C'f San In;;e ::a)"or ~!I)r~..)n ~!inl!ta's
prc?:~s!.. .
!
¡
í
J
I
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t
,
:-. Ci:y Counciloea
.\D.;0:·:;;:ø;r
3:. Adjourn to 7: ~ p.o. Feårl.:.J:'Y 19, 1974.
:'{O\"".: ::.' Ccuac1loan Frollch, se""::¿,,J by Co'""ciloa."1 J"C:ucn, to .1djour:>
t:Üs """:i,,S at 1:37 3.:'S. to ll:IJJ ol.". 1:lur,;d3)', Fcbru.¡ry 1·~, 1911+.
:Iotlon carried, ..-0
ATTI:S:':
APPRCV"J):
Is! 'ól:t. E. Rvder
City Clerk
Isl Keith E. :rwin
~yor, City of Cupërt~no
.