CC 03-04-74
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CITY OF CllPEltTIRO. STATE OF CALIlOII!I IA
10300 'torre A_. ClJpertino. CalUornia 95014
Tel.,,-: 2S2-4S05
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_u£ OF m< JP!þw...1Ót Jl!ftIBG OF TIlE CITY Co_~JI.
IIDD œllAKll,,4'..1.,74 D \1!!t COIJIICIL CIWIBD. crn ~
,QlPlUJIO. CALIIOIIIIA
SAt1ITI to t1IE ruG
Hayor Irwin call_ the _t1\1.~ to order at 7:38 P.II. with.the
Salute to the Flag.
ROLL c..w.
Counci¡.en present: Frolicb, Jackson, Meyers, SparJr.a (7:47),
Jlayor í.rwin
Counci¡sen absent: None
Staff present:
City Manager Quinlan
City Attorney Adaos
Director of Administrative Services Ryder
Director of Planning and Development Sisk
Director of Public Works Viskovich
Director of ParKs and Recreation Butler
MINUTES OF PREVIOUS MEETINGS
I. Appr~v.l of Minutes of regular oceting February 19, 1974.
Page 14. 2nd motion sbould read: "Moved by CouncUman Jackson,
seconde¿ ~: Councilman Xeyers to adopt the amcndment to Resolutio
No. 3609 as recOllllllended by the Director of Public Works."
Moved ~: Cøuncilaan Keyers, seconded by Councilman Jackson to
approve the Minutes of February 19, 1974, as corrected.
Kotion carried, 4-0
2. Appro".l of }Iinutes of adjourned regular meeting of
February 7, 1974.
Moved by Councilman Meyers, seconded by Councilmau Frolich to
approve the Minutes of February 7, 1974~ as written.
Kotion carried, 4-0
CC-202
Paae I
Bubb Road :Jame
change issue
DOt reopeoed
Bus routes .
schedules lcr
to Councy.
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e
riaU"lß or THE HAICII 4, 1974 CITY COUNCIL HEErIRG
3. ApproYal of IUllatea qf rep1ar .et!. February 4, 1974.
l'ap 4, _c:oad per....apb, fint voroS of third UMI Delete ·UlIlt· ....
replace with ·..t....·.
.,.... Ity CoaDCÜIIaD JIe1U.. aec:oncled by CouøcÜIIaD Jackson to aP1"v~.
tu IUlllat.. of February 4, 1974 a. correct".
lIot1oD carded. 4-0
COMIIJIUCATIOIIS
4. Wdttm
A. Request by Patricia J. D'Agatl of Tyashare Corporate Offices
for City Co"ficil to again consider tile previous request for
a change in name of Bubb Road to Peninsula Blvd., for that
~rtion of Bubb Road on the northerly side of Stevens Creek Blvd.
B. A copy of PUC resolution containing amendments to the
C~ission's Rules of Practice and Procedure relating to the
preparation and submission of Environmental impact Reports.
C. Request from Mr. Chris Foundas to speak to appiication
nC-51,318.2 when it coces up on the agenda.
D. Statements by ~r. Chuck Snyder, Chairman of the Five-Year
Capital IlIprovements Program Coamittee.
E. Letter from Oscar F. Kinds relating to bus routes and
sc;'edules.
F. Letter from Attorney J. Robert Oecpster requesting removal
of open space zoning on certain properties. (Agenda Item 14)
The Director of Administrative Services statc( that the remainder of
the ~ritten communications related to agenda items.
After discussion, it was moved by Councilman Jackson, st!conded by
Counciloan Meyers to not reopen tht! issue of changing the name of
a porÜ.>R .>f Bubb Road.
Motion carried, 4-0
Moved by Councilman Meyers, seconded by Councilman Jackson to forward
the letter regarding bus routes and schedules to the County Transportation
COlIIIDission.
Mction carried, 4-0
¿"..t~
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KIN111"ES OF THE HARaI 4. 1974 CITY cotDICIL MEETING
Upon req..t of the City Haaager, it vas lIOVed by CouDci"-n
_era, SecøDllecl by CouDC~ Jac:Þoa to contiøue Aleada It_ 12
(cU.aeuas1oa of sale of fireworJr.a) to the first CoUDc:l1 _tÚII
:in J¡trl1. .
IIot1oD carried, 4-0
llayor Irv:in ac:bovledaed letter frOll llealtor DoD BaDdley aDd
bulletin frOll 1JD1ted Taxpayers, aDd reapoDded :in kind.
S. Oral C.. .n1cations
A. CouDCilaaa Jackson introduced his Administrative a1de.
Student Scott Prewett.
B. Mr. Joe Donahue, President of United Taxpayers, noted his
bulletin items I and 2 were passed on the City's financia
repr.r~ .iated June 30, 1973. Items 3 and 4 deal with
litigatioa against the City, and he added that he has
heard there may be many more.
There followed a discussion of the Director of Administrative
Services' aemo of Karch 4, 1974, entitled "Corrected Figures for
Statistical Section of Financial Report." It has been discovered
that clerical personnel within the Accounting Division committed
a compound error in gathering and scheduling the 1973 figures
shown on page 60 of the Report. This situation has been correcte
and audited. The Council added that it is a good ide3 to have
organizations looking into these financial natters. However,
they lack credibility ~hen they become political in nature.
C. Request by Councilmen for removal of items from
Consent C..lendar. There were none.
PUBLIC HEARINGS
6. None.
APPLICATIONS
7. Planning Co.mission
A. None.
CC-202
Paa~ 3
l1revorks disc.
cont1aued to
first April ata,
MINIIT£S OF.MAICII 4, 1974 em COUNCIL &
8. Architectural aDII Si-c. Approval COIDitt..
A. Appl1cadoD 11:-51,002.6 of TriaDgle Associates requesdlll
approval of dee. architecture. landscapiDI aDII IradiDI
for a tripla J9cated at Lot G, Tract 2769, La Craata
SubcU.ri.aiøD.A1¡dM Ddv..· Rae_udell for awl:ovel.
JIoveel by CoUIIC~ ø.,ua, secoødèd by Counc11J1ao Jackaou to
approva appl1cetiøD Œ-ShOO2.6. as ree__eeI 'by the B~otrOl.
IIoC1oo carried. 5-0
B. Appl1catiøD 11:-51,102.2 of Mobil Oil Corporat1oo requestiD¡
approval of aite. architecture and landscaping for an
existing service station located at tbe southeaat corner
of Stevena Creek Blvd. and Stelling Road.
Recomnenðed for approval.
Moved by Councilman Heyers to approve application ßC-Sl,l02.2 subject
to relocation of the trash container. The motiòn died for lack of a
second.
Mr. Tom ìlardet, Mobil 011 representative, 66 Borea, San Mateo, wanted
to point out the impracticalness of the U-Control requirement for a
planter along the south property line. He said it was too tight for
on-s~ta movement of the cars.
Col(rr.d slides of the site were displayed on the screen.
Mr. Bardet said they had no objection to the increased landscaping
recommended by the Committe9 along the property line vhere the
masonry wall may be required.
The Director of Pablic Wcrks answered Councilman Jackson that at the
present time, the City ~~s no standard width of vehicle lanes for gas
pumps. He offered to gather some data for the City Council on this,
if they wished to defer action on this application.
There was some question as to the status of the zoning on the adjoining
property on Stelling Road. Mr. Bardet said thev ~~uld be willing to
post a $3,000 bond until a decision is made as ~o the masonry wall.
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Councilman Sparks could see a potential problem with a 2' landscaped
strip along the sidewalk since this is a bua stop and it is across
the street from the college.
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Mr. Bardet said what they o' iginally wanted to do was to put canopies
over the pump islands to 1DI'~e it more attractive and to provide shelter
for the employees and customers. The cost would be about $29,000.
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II
KINUTES OF THE MARCH 4. 1974 CITY COUNCIL MEETING
CC-202
Page S
Moved by CouncillÍaD J.~; aec:oaded by Co.mciJ.a11 ø-yen to
approve application ØG-51,l02.2 .. recOlDeDded by the ø-conerol
wieh the exception of eo.IttiøD 1 vb1c:h eball be reClined ale.
review and re¡;..re !r_ tile Dkector of Public Worb.
ØC-Sl.I02.2
approved
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IIotiøD CBrl.ed, s;-O
C. Application ØC-51,311.2 of Piahenun'. Village (Alfreclo
Scardina) requestiq acept10D to sec:tiun 7.021 of tbe
Sign Ordinance to al~ _ adverthing area il1 exces. of ehe
allotted square foouce for an u.1sting rueaurant locacecl
on the south side of Steve... Creek Blvd.. approxiaace1y 200
feet easterly of B1aDey Av-.e. Itec:o=ended for deD1&l.
Attorney J. Robert Dempster, 20325 Stevens Creek Blvd.. Cupertino
said this restaurant has had about six different operators in the
past year. About $17.0~ bas been s~~nt on landscaping. vhich
includes the boat. If ha~led properly, the applicant feels this
will be an attraction. Mr. D~pster said this could be cons~dere
of historical valur. At the R-Control r.eetin~, t~o ~em~ers of
the Cocaittee were not against t~.s proposal, and o~e person ~as
against it, practicall~ to the point ~here 1: bec~e per.c~a¡.
Mr. Dempster asked t~~t t~e applicant ~e allowed to inc!u¿e the
boat in his landscapi~~ c= a te~?Orary basis, to ~hc~ t~e City
how this will look. as "AS ;ee~ ,revlously in thi_ City.
Mr. De"'pster ans'Jered Ccunc.i::a::. Sparks that the boat is a 53-
year-old fishing boat fr~ ~nterey. It is to bp located in the
front area where the planti::.g is now, below the sign.
Councilaan Jackson said he is not sure what else it can be other
than an advertising structure; however, he likes something besides
the regular plastic sign. I
Councilman Meyers said be likes the motif, but he is concerned
that it will take away a considerable amount of landscaping. He
wondered if it also took away necessary parking spaces.
t~t the prpsent free-sta::.ding sign I
is oversize. The City consi¿ers the I
been in the pari<ing lot:
It pro~tes nostalgia; ¡
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The Planning Director noted
is nonconforming because it
boat as a part of the sign.
Mr. Dempster said that since the boat has
they have had nothing but good c~ents.
it is of historical interest and value.
:c-202
?age 6
HC-51,3l8.2
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..-:ond:"c.ions
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MINUTES OF THE JWlQl 4, 1974 CITY COUNCIL HEETIIG
Councilman Frol1ch said-be vas inclined to allow a little latitude
here because it is ~htøc a little different. Be woul,s be in
favor of alloviD& it OD a teIIpOrary basis, as a City uper~t.
Counciban Sparks ~ ~ted that he" went along with the boat with its
rigging, etc., but he cJøes Dot like the existing pol. sip.
Councilman Jack&on asked the Co=1enU frOlll the City Attorney on the
illegality of the sip. The City Attorney stated thet, accordiul
to tbe Sign Ordinance, a 'ign can include s structure. It is hie
opinion that the boat is a sign.
Patti Briscoe, Monta Vista. said that what we have here is a very
unique idea. She thinks the applicant should incorporate the sign
into the boat and reϿve the pole sign.
Ann Anger, Monta Vista, was in hvor of this proposal, as it is
done well.
Mr. Vic Partipella, in charge of public relations for Fishermen's village.
said there is a senti:ental attaclunent to this boat among the 25 ~~ployee'
as well as management. They have 2000 to 3000 people caoe there per
week for lunch and din~er. They serve quality food, give good service,
and ha"e moderate prices. He said that if the City ta~e~ away the boat
it will be taking the very heartstring of the restaurant.
For c~Qparisou's sakp, Councilman Frolich felt that when you look at,
say, the Bumbleberry restaurant's exterior, that whole building is a
sign. He said he ,,"ould like to g¡;t some feedback from the co::ununity
on this mat ter .
Moved by Councilman Frolich, seconded by Councilman Sparks to continue
application HC-5l,3l8.2 for six weeks, with permission for the applicant
to place the boat in the desired location on the premises. Further, the
staff shall receive response fro~ the community as to its desirability
of aesthetics; and the ap?licant, during the interim, shall reconsider
the sign program for this establishment.
Discussion followed. Councilman Jackson said he agreed with the
conccpt here, but it would still need to be a variance procedure. He
was concerned that the City would be encouraging the applicant to spend
",",ley with the possibility that the City may not go along with it after
the trial period. The consensus of the Council was that the applicant
should take a closer look at the e~tire signing for the restaurant.
Mr_ Don Bandley, 10054 South Highway 9, Cupertino, suggested the Council
disassociate the landscaping and the boat from the signIng, whethe\
they put in a boat, a bia rock or a Montere, pine there.
Motion carried, 4-1
Councilman Jackson opposed
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KIMES OF THE KARCH 4, 1974 CITY COUNCIL ~ŒETINC
UIIlIIIIS1IED BUSINESS
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Staff
eo... .
Staff
report on ~equeat for adoption of the 1973 Building
(Continueð froa _ting of Februa~y 19, 1974)
request for c:ontiDuance to April 1, 1974
lløvecl by Councillll8D Frolic:h, seconded by Councilman Jackson to
coatiaue the matter of the adoption of the 1973 Building Code
to April 1, 1974.
Motion carried, 5-0
10. Report of Planning CoDDission on the purchase of the
Musolino property as being in conformance with the City's
General Plan.
The Planning Director stated that the Planning Commission had
reviewed the proposed acquisition by the City of Cupertino of
the 4.15 acres located soutnerly of and adjacent to the existing
City-o~~ed Library site and finds that the proposed acquisition
and future use of the property by the City would be in conformanc
with the adopted General Plan of this City. He referenced
Planning Coemission Resolution No. 1240.
11. Report of City Attorney on provisions of 5B1488 with
reference to filing for open space designation for the
Musolino property.
The City Attcrney reviewed 5B1488. It was his opinion that it
would be it:lproper to ask the property owner to keep this property
for, say, twenty years on the basis that the City is interested
in purchasing it. His report with reference to designating the
Musolino property as open space was accepted and filed after a
negative finding.
12. Discussion on sale of fireworks within the City.
This matter was ccntinued to April 1, 1974.
13. A. First Reading of Ordinance Nc.. 602: "An Ordinance of the
City of Cupe~tino Adding Chapter 3.28 to the Cupertino
Municipal Code, Establishing Regulations for Dedicati~n
of Land, Payment of Fees, or Both, for Park and Recrea-
tional Land in Subdivisions." (Continued frOlD meeting of
February 19, 1974.)
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CC-202
Page 7
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1973 BId... Coc!.
continued to
April lat.
Open space
designato"n for
Musolino
property
Fireworks
discuss!C!ì.
cont'd to Apr. ¡
CC-202
,hae a
Ord. 602
Firu JI.ead~
.
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KDlUTES or THE HARΠ4, 1974 CITY COUNCIL KEETlMG
the Planning Director referred to his Karch 1, 1974 ~ resardiD¡
Park Dedication/ConstructioD Tu Ordinances. A aurvey vas cOllducted
on rehruary 28. 1974 resarcJú& use of the Park Dedication OrdiDaace/
Coustrucdou Tax Ordiaaace ØJ4/or Transfer Tax OrdillAl1c:e by the, s1steen
cities within Santa Clara CoaDt)'. There is a wide variatlcm aa to the
U8"! c! :::: three foms of ta8tion for funding capital !apTov_ts.
n.. staff felt :ltis should be viewed as a regulatory tool to ensure that
the City can requir,¡: park 1.aDd dedication in the westerD portion of the
City in coonection with d~elopIIent on larger properties.
Counc1:t.an Frol1ch felt that a far better approach would be the bedrØOla
approach, as Gilroy has .sane. He also questioned whether 8ç per square
foot is realistic as far as industrial is concerned. Mayor Irwin noted
that 4ç per square foot had been previously suggested.
Council~: Jackson said this is a one-time fee 80 he does not consider a pro-
liferati:~ of taxes on industrial property. The 8ç per ~~uare foot is
in line "":':h ~!ountain View and San Jose. However, he would not be averse
to ch4nsi:~ this around to the way Gilroy has d~e it.
Council=~ ~"yers observed that this could hit the multiples quite hard.
He felt ::..It 6ç per square foot would be appropriate.
Council~~~ Sparks does not feel that a construction tax on commercial
or inàu5:=:al property is warranted.
The City :~~ger caution~A that we are not talking solely about parks,
but abè~: èapital improveaents.
Ms. Ann ,;:,f"r. Monta Vista, asked 'if the Council is taking under con-
sidera:i=~ ~ow many low inco~e people we ar< eliminating just by
adding è~ :his tax. She asked the City Council not to force subsidizing.
At this ?è:nt, the Mayor read the title of Ordinance No. 602.
~!oved by ~èuncilman Jackson, seconded by Councilman Meyers to have
Ordinan=" c02 read by title only, and the Mayor's reading shall
constitu:" the First Reading.
Motion carried, 5-0
B. Firs: ""ading of Ordinance No. 603: "An Ordinance of the City of
CUFtr::ao Adding Chapter 3.32 to the Cupertino Municipal Code
I~pè5'ag an Excise Tax on the Construction of Buildings and Mobile
HCI::t :'ots in the City of Cupertino." (Continued froCt meeting of
Feèr~ry 19, 1974)
auu~rS' OF mE HAla974 cm COUNCIL HEE'Imi II
, _.~. of Ord1DaDce Bo. 603.. r_ by the MaJOr.
" 't!,.,,'_{--:'~'" , ."
~'I@~,=~ ~'::i :;C~:~ ~~o::~ ~;:~~:.s1D8
i' ',., coaatf.tute the lirat .....fD8. '
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, ,_ JIotioa eanied. 5-0
C. .....luUon No. 345S: "A B8tIolut1on of the City Counc:l.1 of the
City of CupertillO Estebl1s1rlDg the Rates of the Excise Tax on
the Conatruction of Bu:l.1dings aDd Mobile IIo1IIe Lots Imposed by
~1nance No. 603, the Construction Tax Ordinance of the City
of Cupertino." (Continued froa meeting of February 19, 1974)
- read by Mayor Irwin.
~ by Counci1nan Jackson, seconded by Counci~An Frolich to
continue Resolution ~o. 3455 to the next regular ~eeting.
Motion carried, 5-0
.
Pattie Briscoe, ~~~ta Vista, said the people ~~o are interested
in ¥~nta Vista are getting taxes. She said :~e City is taxing the
people yho are trying to beautify the area an¿ not taxing those
,,~ don't care. !: was pointed ou: to her t:-..lt :his applies to
new construction. It is a way for naY people cc~ir~ into the
City to assist ~ith projects the people alrea¿y living in the
City have been paying for.
~ess was calleè at 9:48 P.M. The ~eeting reconvened at
10:05 P.M.
1ŒW BUSINESS
14. The City Counoil assured the City Manager :hat it is their
wish to proceed Yith the De Anza tennis court lighting pro-
ject even trÑugh it yas deleted by the Caÿital Improvements
Committee.
The Director of Pu~lic Works revieved his meoo of ~Arch I, 1974,
regarding the Fi"e Year Capital lmÿrovements Frogra~. He asked
for a deley of one ;'ear for :feJ:>orial Park Ph.,s" II. lie also
rev1eved alternatives for resolving the Linda ,ista Park restroom
~oblea. Council:an Meyers suggested a source of information
on sewage ,dispoS31 other than septic tanks.
CC-202
f.ale 9
Ord. 603
l'irstJteadiDa
Res. 34SS
cont inued
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t
Mem. Park' n
in 1974-LF7=
$12,000 f!lll:'
De Anza ...-1. t
court 1 f~, I
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)uJouu... OF mE HAIICII 4, 1974 CIft COUNCn -.£1_
,
!lie City!llDa&er iAtid'..... die letter free Hr. Clmck Sa,.ter. clad-
f11IW die fMit1OD. of' the,.~ CoID1ttee of the rive Year Capi~
Jllpz..... .... P'4á¥-. '
!bu. f..11 II a ðiac '..ato- _ acquisition of parcels at .,. 9 , Bt....
Creek Ibl. . SteveDS Creek m.-. at Stel11Dg Road. Attomey »-pacer
atat'" tJiIat DOthiug could ..·....iiiNI by delaY1D& this siDee it appeared
to hba that it vould b. 4' ~ ø J J Pol. for the City to purchas. th_ for
... ....eT" of years.
Høv'" by CoomcUman FreIlich, _od.d by Coundlaan Jackaon that the
City Co.:D::il finds, in v1ev of the recoUlllendation of the Capital
IIIIprO'l'-=s Cœaittee to cIe1ete these parcels from ita program. that
an open s:-...ace designation of tbese parcels would no longer be reasonable,
per tJ1a .... 'T:ce of the City Actom.y.
Motion carried, 4-1
Counci'~~ ~eyers explained his dissenting ~~te ~~s because it concerned
all t~r.~ ~=cels. He was ~pposed to abandorir~ the parcel at Stevens
Creek !:.~. ~~d Stelling Road. Councilman Jackson said be was not
opposðÕ :: :ie cotion because be does not see ho~ this could be accom-
plishðÕ ·'''':~n five year..
Moved ò~ ::~~~ilman Jackson, seconded by Counci~~n Yrolich to set back
the prc~H'~ Phase II D.....elo;:aent of Hecorial Park from fiscal year
1973-:;:~ :: fiscal year 1974-1975.
~tion carried. 5-0
Moved ~y ::;::.ci1man Meyers, seconded by Cound1=an Jackson to appro-
priate :::. :,;0 from the Ge:>eral Fund Unappro?riated Surplus for tbe
De Anu :o=:s Court Lighting l'roject.
AYES:
NOES:
::'~cilmqn Frolicb, Jackson, Mey~rs, Sparks, Mayor Irwin
~::è
MotiOD carried, 5-0
IS. A~r::f Contract Purchase of Water Meters.
The Dir~~::= of Public Works explained alterr4tives A and B, as noted in
his Mar~~ :. 1974 memo, on water Meter Bid Ope~ings.
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IU-'.u.$ OF 'Ø1E MAItCB 4, 1974 cm COUNCIL MEETUIò
.. . led by tM Director of l'u1Jl1c Vorks, it _s 1IOVe.s
'., CO ~:"'-" JfeJers, MCoDde.s 111. Coa;DcÜllan Prolich to reject
-a1111df1à'{d tJaÞ tiM for the _cw ..c... euch bills to be
, 'J ~t";iD J.-ry 1975. '
.as:'
..:
Coo-i- Fro1ich, Jet''' ~ ., _era, Sparks. MaJOr Irvin
Jroaa
MotioD caøW, 5-0
16. Consideration of ameadaent to the Enviro-.ntal lJDpact
bport Guidelines for conf~a with State requireaents.
~ucbet! to the Director of PlaDDinB and Deve1opeaent's memo
rf ~ch I, 19;~. on this matter gaS a copy of City Council
__luUon Nc. 3625 with changes 1IIdicated in italics.
.
~ed by Council:an ~eyers, seconded by Councilaan Jackson to
~t Resolutio~ ~~. 3625, Which contains amendments to the
~1ronmental !~?3~: Report guidelines to conform with State
reqoir..enu.
Motion carried, 5-0
17. Request !cr additional approrriation for improvement project
at McClell..., Road and Bubb Ro&d and Southern Pacific Railroad!
~ed by Counci1=n ~ey~':'s, søc:onded by Councilm3n Jackson to
~:borize ap~rc?riation of $1.346.40 frGa gas tax funds (2106) I
fin the iIIpro·..""e:lt projoct at McClellan Ro~d and Bubb Road and
the Southern Pa~ific Railroad.
AY1:S :
.-s:
Council::an Frolich, JacJr.acm, Mayers. Sparks, Mayor Irwin
Ilona
Kotion carried. 5-0
C -U..n Frol1ch asked the Director of Public Works to have
lbrectlonal siJn8 icstalh·d, goiDC south on Bubb Road at
JIcC1e11an 1lo3d. n-~ Director _a also requestl'd to re-
_ 'nata McClellan as it approaches Bubb Road traveling West.
CC-202
Pale 11
Vater_tel:
1JUa raj ec te.s
Res. 36:'5
adopted
Funds approp.
for McClellanl
Bubb/RR traCk9
Directional
dgns
requested
a:-202
t>ap 12
Ord. 620
~econd Reading
__. 620
,::.l~ted
. - -.
621
~'5:poned
'5. 3619
.h;.opted
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h1J1IJU!; 01' THE KARQI 4, .1,974 CITY COUNCIL MEE'IlNG
CllDIlWCIS
18..~ leading of OrdiDallce Ro. 620: "AD OrcU.øance of tile City
of CupertiDo Aaendq SectioG 1 of Ordinance Ro. 2 byløoDq
ApprvItDate1y 4.9 Acre. frGa 11-10 (Res1d4lll1t1al. Sqle-r..nJ.
- 10.000 Sq. Ft. Per Dwe11q Unit) Zone to &2-4.25 (ltesUeadal,
Duplex. 4.250 Sq. rt. Per Dwell1D& Unit) Zone; Locatt',s MJacac:
to and Westerly of Vista Drive Southerly of the In\:~~..ctiOD of
rorest Avenue and Vista Drive." - read by HaJOr IrwiD.
lIoved by Councilman Jackson, secoaded by Councilman Frol1ch to have
Ordinance No. 620 r.,ad by title only, and the Mayor's readina shall
constitute the Second Reading.
Motion carried, 5-0
Moved by Counciloan Jackson, seconded by Councilman Frolich to enact
Ordinance No. 620.
Motion carried, 5-0
19. First Reading of Ordinance No. 621: "An Ordinance of the City of
Cupertinc .U¿ing Chapter 2.64 to the (u.ertino Municipal Code,
Adopting Gui¿clines for Im?lementatic~ ~f the Governnental Conflict
of Intero!5ts Act, Declaring the Urs~"..:y Thereof, and Providing for
Immediate Eff ect." -- read by Mayor I r,-,in.
Upon request o' Councilman Jackson, it .as :Dved by Cûuncilman !'fryers,
seconded by Councilman Jackson to postp"~~ the First Reading of
Ordinance So. ó~l until the next regular Ccuncil meeting.
Motion carried, 5-0
RESOLUTIONS
20. No. 3619: "A Resolution of the Cit, Ccuncil of the City of
Cupertino Allowing Certain Clair.ls a~J :>eC¡3:1ds Payable in the
Amounts and from the Funds as Hereindfter Described for Salaries
and Wages for the Payroll Period Ending February 19, 1974."
Mayor Irwin said this included Warrant5 So. 20210 through 20319
with a total of $25,306.13.
Moved by Councilman Meyers, seconded by Cûuncilman Frolich to adopt
Resolution No. 3ó19.
AYES:
NOES:
Councilmen Frolich, Jackson, Meyers, Sparks, Mayor Irvin
None
Motion carried, 5-0
·
It
KDIU1'ES OF THE JIAIIæ 4, 1974 CITY COUNCIL !lEErING
CC-202
Page 13
21. Bo. 3620: -A Iaolution of the City CoaDcil of ';he City of
CUpert1Dø A1laåD& Certain Claw aDd p..-. r.JÙle 111 the
houDt. aDd frca the I'IInds as Hereinaftu Deacrl11ec1 for
General aDd Jf1ec-'laneous Espendituru 1'erlocI EDdiDl re1lruary
28, 1974." - IfaJOr Irvin said thi. 1Dc1uda Varraat. Bo.
2232 throuah 2271 with a total of $165.540.77.
Ji)yed by CounciluD Prol1ch, seconded by C-dba !layers to
adopt Resolution 110. 3620.
.... 3620
adopted
AYES:
NOES:
Councilmen Frolich, Jackson, Meyer., SparJr.a. Jlayor Irvin
None
Motion carried, s-o
22. So. 3624: "A Resolution of the City Council of the City ef
Cupertino Allo~ing Certain Clai~s and ~nds Payable in the
AI:1ounts and fro::l the Funds as Hereinafter Described for
General ónd ~iscellaneous L~?c~ditures Period Ending ~rch 4,
197..... - Mayor Ir"in said t"is includes :;'arrants No. 2272
through 2384, with a total of $31,975.84.
~:.',·"d by Council:::an Frolich, sec""ded by Counci!=n Jackson to
ad~.t Res01ution ~o. 3624.
Res. 362~
adoptee
AYES:
NOES:
Councilmen Frolich, Jac~s~n, Meyers, Sparks, Mayor Irwin
~one
Motion carried, 5-0
23. So. 3622: "Resolution of the City Council of the City of
Cupertino Relating to Written Co~ents and Communications
Received from Public Agencies and Others Subsequent to the
Public Hearing on the Environ~cntal Impact Report Pertaining
to the Aoendcent to the 19~~General Plan concerning the land
Use Elem~nt for the Core Area, and Reaffin:>ing Said Amendment ..
-- read by Mayor Irwin.
Moved by Councilman Meyers, seconded by Councilman Jackson to
adopt Resolution No. 3622.
R..s. 3622
adopted
Motion carried, 5-0
"
.. 3101-57
Nopted
.
.
KIIIUI'ES aI TIlE HAIICII 4, 1974. CITY COUNCIL MEErDG
".
24.10.36231 ". J..-1-.r-'~,of. the City CouDcU of tile City of
CupctiDo ~r 111tiou of an Aar.-nt with Giaa, lac.,
. CørporatioD, r.,.,Nrèhue aud IAaae of IIIaaoUIIO Property.-
_ read by 1fayorÞ~,I¡'¡¡L
Ifoved by CøuDdl8an -'".., eec.....¡ by Cowen- Sparks :0 ecIopt
RuolutiOD 10. 3623.
IIDtlOD carried, 4-1
CoaDcu-n JacbGa voted 110.
25. No. 3101-57: ". aesolatloD of t~ City CouIIcl1 of the City of
Cupertino Appro.-1a& C".... Order No. 6 for Crossroads Aa......t
District Project 110. 71-2." - read by Mayor IrwiD.
Moved by Councilman Frol1ch. aecoaded by Councilman Meyers to adopt
Resoluti~n No. 3101-57.
AYES:
NOES:
C,",uncilmen Frol1ch, Jackson, Meyers, Sparks, Mayor Ir",in
So>ne
Motion carried, 5-0
COSS E."~ '),LE:m.\1t
26. Rè5::~tion :~. 3621: "A Resolution of the City Council of the CIty
~: ,~,èrtIno Approving the Final ~3? and the Deferred Improvement
0: F~ ::!tage Located 0:1 ?illcrest RoaJ; Developer, Ja:::es Eerbert;
A~:~:~izing the City Engineer to Sign the Final ~p and AuthorIzing
::X.:ution of Agre....tot in Connection Therewith."
27. Pr~::ar.lStion for the weel< 0: March 31, 1974, as "NatIonal Action for
Fc,:er ChIldren Week".
28. Proc:amation for the week of April I, 1974, as beIng "The ~eek of the
toe::.g Child".
29. Ac:eptance of City projects performed under contract and request for
a:1t::orization to file "Notice of Acceptance of Completion" with
c..,u::.ty Recorder:
A. Sullding Modification - lIorse Ranch Park - Andero Construction.
B. Unprovement of McClellan Road and Bubb Road at the Southern
Pacific Railroad - Cal-Kex Contractors, Inc.
30. Acceptance of municipal iaprovements - John Sobrato, Bubb Road and
McCellan Road.
..
II
J!UlI1rES OF THE KARCH 4, 1974 CIn COUNCIL MEETING
Jløved by Councilman 'roUch, .ecoa~ by Counci!.IIIIIII JacUon to
. afPt'ove the Consent Caleadar.
Kot:ioD carr1ec1. s-o
.uuaTS FROK COUNCIL U1'US1BfA'rIVES
31. Hayor Irwin:
Inter-<:1ty Council - No report.
League of Calif. Cities - No r"l'Ort.
32. 'Councilman FroUch: Transportation COIIIIIIission - No report.
Legis. Review Committee -- No report.
33. Councilman Jackson: Assoc. of r~y Area Govern~ants
...The =ai" ~heme of the ~eeting was
planning fôr the ene.gy crisis.
Urban Dev. & Open Space Scbcommi~tee
of PPC - So report.
Airport Land Use Subcor.:.ittee -- s~ re?o t.
:;:.. Councilman ~Ieyers:
Planning Policy Co~ittee -- No report.
Hillside SabcoQlllittee of FPC - No re~rt
Airpor~ Land Use Commission
.. .It was established th"re will be =:-:.e
elected official írorn each ci~y.
Urban Land Use Committee
...Hillside Subcommittee is close to a
decision on land use.
35. Councilcan Sparks:
Flood Control Advisory Co~ittee
-No report.
Councilman Meyers said he had at~ended a Chamber of Commerce
_et ing on summer youth employment.
CC-202
Page 15
Canaent Calendar,
ap¡n:oved
i
,j
-
81
CC-202
¡_1'
í
MINUTES or nœ KAICII 4, 1974 CITY COUNCIL K£ETUÇ
IIEPOITS AID ~&4
36. PIAl1ftf.. {'-f·.SoIa
A. S~døD of IU.autes of _étløcs of Fe1m1ar7 25. 20 . 11, 1974.
37. Architectural aDd !lite Approval eo-1ttee
A. Sullld.aeiDD of Jliautes of regular _t1q of February 20. 1974.
38. Parka and Itecuat10D
A. Subaiss10n of Jlinutes of regular .eetiae of February 20, J 974.
39. Water Co.aisaion
A. Submission of Minutes of regular meeting of February 27, 1974.
40. Library Commission
A. Submission of Minutes of regular meetl~g of February 18, 1974.
41. Public Safety Co:miss10n
A. Submission of Minutes of rcgular meeting of February 2l, 1974.
REPORTS FROM OFFICERS
42. City Staff
The City Manager gave a brief repurt on the City ~nagers' Conference
he and the Dircctor of Administrative Services ~a¿ attended in Southern
California.
The Director of Administ~ative Services reminded the Mayor that this
meeting should be adjourned to 7 :30 P.H., March 12th. for the purpose
of the canvass of votes and installation of newly elected Council
Members.
The Director of Planning and Dcvelopment called attention to his two
memos dated February 27,1974, regarding "Evaluation of the Chrisman
Project" and "Progress Report on Referral to Planning Commission of
Planned Development Ordinance".
.
"
"
.
.
IIDUTES OF THE MARCH 4. 1974 CITY COUNCIL MEETING
~ Director of Public Works introduced Resolution No. 3626, "A
. ""lutlol1 of tbe CitJ of Cuper1:iIIo Authorizing the Exec:ot1DD of
,'dlielladified A&r.-t ..~ w:he City of Cupertino ad Pacific
~;c.. -' Ilectrlc CoepaD1 JIØ91d:1.D8 for the exchange of c_taiD
~.:¡;.~ properties 011 BlsøeJ AYeaøe .uMI Mary Avenue.
i;~'
..ed bJ CouncUuIl ~~., secouded by Councilman JacUcnt to
8IIopt ItMolutlon No. 3626.
Motion c:arried. 5-0
DIe Director or !'ubl1c Vorb introduced Ordinance No. 622 regard-
:I.D8 110 parking along St8Veøa Creek Blvd. and Saratoga-SUllll}'Vale Road.
Councilman Frolich proposed that as long as cars vith _re than
half a tank of gas can'lOt be sold any gas, that the service
stations DOt be required to 11Dit their amount of sales. Perhaps
some provision could be cade in regard to our service station
use permits. ~layor Irvin su~gested taking this to the County
level. Councilman Meyers vould like service' station operators
to extend their operating ~~urs.
After further discussion, the tirle of Ordinance No. 622 vas
read by Mayor Irwin.
~ved by Councilman Meyers, seconded by Counciloan Jackson to have
Urgency Ordin.1nce No. 62:! read by title only, and the ~layor's
r..d~ng shall constitute the ReadißR·
Motion carried, 5-0
Moved by Councilman Mey..rs. seconded by Councilman Jackson to
enact Ordinance No. 622.
Motion carried. 5-0
JECOCNITION OF NON-AGnmA I~~.s BY MAYOR
43. General Audience Requests -- There vere dOne.
44. City Councilmen
Hayor Irvin read the Proclamation that March 25, 1974 be named
"Juan Bautista De Anza Encampment Day".
So moved by Councilman Jackson, seconded by Cour.cilman Frolich.
Motion carried, 5-0
"
CC-202
Page 17
.... 3626
adopt'"
Ord. 622
enacted
"Juan Baut i5 ta
De Anza
Encampment Day
Karch 25th.
(
I
~-202
"age 18
--
"
.
JlINUTES OF THE MARCH 4, 1974 CITY COUNCIL MEETING
,. .
%he Director of Public Vcwks vas requested to prepare a letter of
explanation or proc~e for Oapertino Water Utility eust~. for
Chose periods where hI&fa _it> preaaure is uperillDcecI. to be SlIDt out
with the vatu billa. c--oilua lroUch refe'C'lIICed thoo "raft
proposal prepared by s.erMt Squat'''' U(lõoeOWlUlrf, AssociatioD.
Councilman Jackson f"lt tat we should try to buve _ special events
011 "Juan Bautista De ADm II'-P"IpIIIent Day". .lard. 25th, and sur;ge:;¡ted
~tgoing :layor Irwin act as coordinator.
Council:nan Jackson said there was SOllIe question in the minds of some
members of the CaDi tal laproveJDeats program as to the status of the
Committee. }f.ayor Irwin stated he would notify all Members of the
cessation of that Coma1ttee.
Noting with dismay tbe slaughter of tbe goats on City property,
Council"",n Uo1)OerS suggested tbe staff give consideration to establish-
ing on-site residency in a mobile bome or, trailer at the Horse Ranch
pending the moving it. of staff.
Councilr~n Ueyers called the staff's attcntion to the bad road patch
at Steve~s Creek Blvd. and Randley Avenue. It was learned th&t the
final pavement will take place on ~larch 6, 1974.
Council~an ~eYo1rs suggested the staff develop an info:~tio~al packet
wbich cC'u1d ile dlstri~\:ted to ne... resi<lentR by realtor". ...elco:ce
wag en , etc., ..."ich "'",uld e~.c=?ass perti""t1t infort1"tio~ fr= various
public "gc~cies within the co-~nity.
ADJOUR.'~!E:'ï
45. Move: by Counci¡~4~ ~eyers, seconded by Council~n Jac~scn to adjourn
to a personnel session at 11:42 P.M.
Kotiot1 carried, 5-0
The ~1"}O"'r reconven<!d th.. c¡>en session at 12 :21 A.~t. .."rl it ....as subseque"t ly
moved boo C"u::cU,...:", 'rc:ic~., seconded by CouncUI!!an Jad:scn t" ,,~joutn to
7 :30 P.~!. on March 12. 19;4.
~wtion carried, 5-0
ATTEST:
APPROVED:
151 WIll. E. Ryder
City <'lerk
Isl W. Reed Sparks
Mayor, City of Cupertino