CC 04-01-74
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ern OF CUPERTIJO, STATE OF CALIFOR1IIA
10300 Torre Av_e. Cuper~~, California 95014
Talepboae: 252-4505
CC-20S
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IwwIII:> OF tIlE UGUU&JllŒ'fDlG OF THE CITY COUHCIL
JIIIJ) 01 APIIL 1, 1974, DI'DIE COUNCIL CHAKBER. CITY BALL
UlI'&&dJlO, CALIPORNIA
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SALI' ~'B TO TIlE ruG
Hayor Sparks called the -~1na to order at 7 :33 P.M. with the
Salut. to the 'lag.
BOLL CALL
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Counc. present:
Counc. absent:
Frolich, Jackson, Key~rs, Nellis, Mayor Sparks
None
Staff present: City Manager Quinlan
City Attorney Adams
Director of Administrative Services Ryder
Director of Planning and Development Sisk
Director of fublic Works Viskovich
Director of Parks and Recreation Butler
KINtT1'ES OF PREVIOUS KEETISGS
1. Approval of Minutes of regular meeting of March 18, 1974.
Page 2, 4th paragraph, last 2 Unes: Strike the words "per the
advice of the City Attorney."
Page 10, it_ 26, under "Association of Bay Area ú,:>vernments",
add: "... Has asked Judy Cooper to report on the Subsidized
Housing Allocation Plan being considered by ABAG." Delete the
s1øilar statement under '~rban Development and Open Space Sub-
Committee of PPC".
Page II, it.. 31 A. on first line of first paragraph, delete the
words ''Memorial Park" an:! replace with "need for", and delete the
words "for completing this project" on Unes 3 and 4 of the same
paragraph. In the third paragraph of the same item, insert the
word "unused" before the words "freeway right-of-way".
The last paragraph on PII&e 11 .hould read: "In regard to the five
horses offered to the City. COunc. Nellis wondered about the posRi
bility of a progr..for t~ens to De deve10ped..............in this
area."
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lIlltunS or m A1'I1L 1, 1974 em COUNCIL MEEtIIC
a
hee 13. first paraarapb, laae _eencCl should read: "'rbere are
openin&s for two Vaeer (--c-.I011ers aDd thr... Plannins C f_s1oaer_."
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1IøYecI by Counc. tteyer_. øc:oødeoI by Counc. Jackson to, appto'le the
lU.nutea of March 18. 1974 .. -.sUlec1.
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lIot1on carried, 4-0-1
Counc. Prolich abstained
POSTPONEMENTS
There were none.
COMKUNICATl<llS
2. Vritten
The City Clerk reported the following Written Communications:
A. Letter frOlD Oaltdell Ranch Homeowners Association expressing
concern of two hazardous conditions on bridge over Stevens
Creek Blvd., and asking for investigation and correction of same.
B. Letter of request from Mr. & Mrs. James R. Brady for relief
from a Cupertino requirement that property be annexed to the
City prior to installation of water meters.
C. Request from Cupertino Historical Society for an opportunity
to discuss jointly the possibility of cooperative work concerning
plans for the bi-centennial celebration in Mar~h 1976.
D. Notice from Town of Los GatoS advising of that town's endorse=ent
of position with regard to the County providing full services of
tho Fire Marshal's Office to all cities on a County-vide basis.
E. Suggestion from M. D. Costa, San Jose resident, for allocating
specific times in advance of the hearing of each major group of
items on a City agenda to avoid holding persons in the audience
who are waiting for their applications to be heara.
In addition, the City Clerk said the following communications were of
seneral interest:
P. A copy of application of Lois J. Kohler, of West Valley Charter Lines.
for certificate of public convenience and necessity to operate ·
passenger stage service for Vestern Electric employees to and frOlD work.
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.-.uu.S or THE APRIL 1, 1974 ern co;7tICIL MEETING
~ AMndaeDt to earlier app11caUOD of Boy L. Arledge, of Un1.ee4
transit. spedfyinl IlY- rOGU. for proposed pass8Øler stace
service throulbout Santa Clara Couøty to companies in SanU
Clara. San ICateo. ~1 --. oe SaD Francisco Counties.
.. IIotice froa PUC of tbe P.G. . E. public hearing on revision of
18. service tariff set foe April 15. 1974. 10 A.M., State
Building in San Frudsco.
1. Response from PUC aca-le4lå& the City's position relaUul
to extension of hours of operation of outdoor advertising.
~. Notice freG Conaittee for ~eea Foothills of April 6th 1IIe"'ting
to discuss "Unstable Lands aDd Public Policy".
The remainder ,,£ the c01IEIUnic:ations related to agenda items.
Coonc. Nellis ~anted to refer the letter regarding bridge over
Stevens Creek 3l..d. to the City En;1neer for a report.
~torney J. S:~ert Dempster, representing Mrs. James Brady, sai¿
~eir concer~ is this property (~oth parcels) have previously ~e¿~
5eTved by one ~3ter meter. They are presently asked that t~c
weters be ins:alled. He questioned whether the water service
~licy shoulj ap?ly to this 7tcperty since it has had water 5er~i:
~ior to the a~~prion of Res~:ution 1545. In regard to ann~xatic~
tnere would ~t ~o problem exc8?t that parcel 37 was built many
years ago, ~t::re there were setback standard~ as we have the:
today. If t~t Bradys are re~ired to dedicate for Mira Vista,
that home ~~ulj have to be torn down. There is an outstanding
~rtgage on t~at home.
Tbe Director "r Public Works seated that the County and the Cit7
requirement ~:uld be the saae as far as applying for a buil~ing
permit.
Councilman Fr"lich said he 15 DOc really sure there is an advanta
in delaying znnexation here, although his first inclination ~as to
aø along with it.
%be Director of Public Works assured Attorney Dempster that there
.ould be no ~diate problea as co the removal of the structure
.... the property.
Ik. Brady, the applicant, staee4 this property has been divided
~o two lots since 1917. Be asked what objection there is to
~ing a sec~nJ water meter for tbe second hOlle. The Director of
Pbblic Works ~~plained the C1:y's resolution requiring dedication
1II1bere there bas been nev _ter service or modification of water
-.:rvice.
CC-20S
Pale 3
City F.ngr.
revnrt requ~$t~
CC-20S
Pap 4
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VritUD C-.
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Mara:hon
AprC 8, 9
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IJIUTES at 'EBB APIUL I. 197'. CITY COUNCIL MEEfIIIG
There IMs . brief 41ac:U8810D of the letter requestill8 the IIIODth of
Hay 1974 .. ItAaèf;l.1tter IføDth".
The letter fr_ 'IIi. Cearae rernandez, Rec:ordiD¡ StlCretary of CUpertiDo
Histodcal SocfAltJ, 1IIc., reaardina bi-centellDW ce1ebratioD in 1976
was ackllOVledsel.
Koved by Couøc. hUia. seconded by Counc. Jackson to accept tUId
file the Written co..unications.
Motion carried, s-o
3. Oral COIDIIUnications
A. Presentation by Mr. Daniel O'Keefe on behalf of The Knights of
Columbus Marathon.
Mr. O'Keefe asked. on behalf of the Western Regional Marathon of the
Knights of Columbus, for permission to use the streets of Cupertino
on April 8th and 9th for this event. He explained the program, cited
the enthusiasm and endorsement of last year's event, and showed slides.
He asked the Mayor to issue the trophy to the youngest boy entered in
the marathon.
Moved by Counc. Jackson, seconded by Counc. ~eyers to grant per.alsslon
to the Knights of Columbus Marathon to use the streets of Cupertino on
April 8th and 9ch, 1974.
Motion carried, 5-0
B. Request by Councilmen for removal of items from the
Conaent Calendar.
Counc. Jackson would like item 27 removed from the Consent Calendar.
PUBLIC HEARINGS
4. Application I-Z-74 of G. C. McKinney: Rezoning 4.05 acres from
Al-43 (Agr~,lcural-Residential, single-family, I-acre lots) zone to
Rl-7.j (Residential. single-f3lDily, 7,500 sq. ft. per dwelling unit) zone
Said property is located westerly and adjacent to Linda Vista Drive
approximately 700 feet southerly of Hyannisport Drive. Recommended
for approval.
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KINUTES OF THE &raIL 1. 1974 CITY COUNCIL MEETING CC-20S
Pase S
Moved by Counc. JfeJers, seconded by Counc. Nenia to collbine revi
of asendait... 5 &D4 4.
Kotion carried. 5-0
APPLICATIONS
S. PlanniD¡ C
'ssion
A. Applicacion 3-TK-74 of G. C. !k."-"inney: Tentative Map to
livide 4.0S acres into sixteen single-family residential
Iota. Salð property is located westerly and adjacent to
Linda ypta Drive approximately 700 feet southerly of
Hyannbport Drive. RecOllllllended for denial. Appealed by
G. C. IIcJ:inney.
B. Application l-V-74 of G. C. McKinney: Variance to reduce
the lot vidth requirement for four lots within the pro-
posed subdivision 3-TK-74. Said property consists of
4.0S acres located within a Al-43 (Agricultural/Residen-
tial, siDgle-family, I-acre lots) Zone and located
westerly and adjacent to Linda Vista Drive approximately
700 feet southerly of Hyannisport Drive. Recommended for
denial. Appealed by G. C. McKinney.
The Planning Director explained the nature of the request, details
of which are noted in his memo of ~~rch 29, 1974, regarding
applications l-Z-74, 3-TK-74 and I-V-74 - G. C. McKinney. the
Planning Commission had expressed willingness to consider variance
for the second tentative map submitted. but prior to the last
Planning Commission :eeting the applicant submitted a third tenta-
tive map. Lots 2, 3, 4, 13 and 14 would require variances with
this third map.
Counc. Nellis salð she had participated in the Planning Commission
hearing on the zoaing but not the tentive map. The City Attorney
advised that she could vote on the tentative map.
Mr. Harold Hornby, 109Sl Rae Lane, said he is one of four owners
who got together on this subdivision. He believes the problem
originated When the City acquired the park property. One of the
land owners graDted easement to the Department of Public Wor~s for
water to Linda Vista Park at no cost. but the Director subsequentl
convinced him it should cost the City $IOO.
Hr. Hornby said they ~ve submitted a plan for 16 lots. Three
houses are so located on the property so as to make division of
the property difficult. On this basis, they proposed sub-standard
streets. The City suggested they pro..ide 46' street.
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«-205
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!lUtES OF THE APaIL 1, 1974 CITY COUNCIL !Œ1TI\IIG
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8ønIby saW they offfted the City. S' ..._t rather than S'
ship. they are "'1! u.iJll partiDa in the cul-de-sacs. There
flq dri,,_,. to IoU 4 ad 2. 1ib1c:h vi11 a11wiate - of the
IWt& probl_. tote 10 .... 11 ..... to fac. the _fA str_t for
tar sanic.. Be t~ . utratecr bow they are pr_UiJll _re parkiD¡
than a atam ftreec J JA. Be aaU they 1In. cooperated fully with
the City in the put .. ..tc... L1Dda Vista Parlt.
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. Hornby stat_ that tit tile _t this teataU". ..., ia turned dOVD.
they tæn request the ..,Ucatioe for rezonin¡ also he del_.
. George !lcltinlley ..tell_ ia th. EDliaeer for the -.rs of this
proper~,.. Be spoke to tile Ntbaclta aDd Ue¡ lots. Variance is
requa~ed for lots 2, 3. 4, 13, 14 aød 15.
!fr. E:r:t~y spoke to tbe cleaaity, They are offeriae 3.75 ""-ea per
acre...,ereas the pl_ the City is endorsing would have 3.5 œ-s
per a:~~. He str.ssed there would be a~gnificant hardship with leas
than :: lots.
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taur.:. ~...yers was concerued about the configuration of the h..es to
go C~ :ce narrow lots. !fr. Hornby said he has worked out 2500 sq. ft.
hoœes :c these lots. They can provide 8000 to 8500 sq. ft. for each
lot. c~ :ffered to aake lot 15 more rectangular. This would pro~ide
extr4 :r:J for lot 110. which can be passed along to lot 13. lie said
they ..c:¿d to give two lots the magnificent view.
The ,:,-cing Director answered Counc. Xellis that the variance request
c..nti:' ",,:und setbacks and str"et widt". The Director of Public Works
exp:.~c~" the difficulty with rcGuced street width in that utilities
~~l~ -~~e to be put UDder the sidewalks. He said JO' width is needed.
In re..~~ to the .itine of homes on lots 14 and 15, Mr. MCKinney said
a Ii:::, variety in the positioning of the h....s "7 enhance the
neig',,:,:~h,",od .
The ?:.ccing Director answered Counc. Xellis that ~he basic reason for
the ,:,ccing Commission's recommended denia¡ was for the one additional
lot. .~i:h requires adju.~nt of City standards.
Patti !riscoe, Orchard Court, Monta Vista, did not believe 7500 sq. ft.
lots ~"'re compatible with the area.
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COUDC. Frolich noted the cooperation of the property owner in regard
to wat~r service to the park. The applicant has indicated he does not
want re::ning unless they get the 16 lots. The First Reading of tÞ~
Ordina~~e for rezoning could be given at this meeting and the other
appl::.=ions postponed. If it cannot be ~orked out, the rezoning could
be st:??cd at the ti.e of the Second Reading.
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JlDfUTES OF 1IR: APRIL I, 1974 em COUNCIL MEE!1NG
lIoYed by Co:D::. Heyers, n 1 r I by Counc. FroUch to close tile
....Uc be.via& 011 applicaU.- 1-%-74.
, lÌleCioD carried, S-O
JIøvecI by Coomc. Meyers. _... by Counc. Frolich to approYe
application I-Z-74.
1Io~1oD carried, ~-o-l
Counc. Nellis abstained
A. Firs: i.wing of Ordi"-.r-- So. 623: "......., ""dinance of the City
of Cc?<=::3~ Amending Sec~ion 1 of Ordi~~~;e ~o. 2 by Rezoning
Appr~x::a:ely 4.0S Acres fraa AI-43 (As=::.::uraI-Residential.
Sing:ê-~~ily, I-Acre Lc~s) Zone to Rl-~.~ (Resldentlal, Sing:.-
Family, ~.500 Sq. Ft. Per Dwelling Unit :;~è; L~cated Wester!
and .;i:l:¿~t to Linda V~:a Drive Appr~x'~~:el~ iOO Feet
Sout~.,,=:y ~f Hyannispcr: Drive.n - rea¿ 0:: :;'è C 1ty CIeri<.
Jfoved by ~.: _=:. Jackson, 5e>::o-..ted by Counc. ~=:: c;h to have
Ordina:1:¿ :.... =:3 read by ::::e =nly and :'" : .:" CI.'rk's re6.iinp:
shall c:c,"c:_:< the Firs: i~:"&.
Betion carr!.:. --~-1
Coone. ~ell~~ l:~:~ined
~~ed by ::c=:. ~eyers, sec~ed by Counc. F=::::~ to continue
applica:::=; ;-~-74 and 1-'-7~.
Betion carrie¿. ~-O
6. Arch::¿::.ral and Site ,~roval Committee
A. S;::è
Jlayor Spz:U ;sUed a recess at 8:S6 P.~I. !~.è :èeting reconvened
at 9 :12 ? .!!.
ORFINISliE: 3C51~ESS
7. City ~"'::.1¡;"r's report 0: the status of l"~islation regarding
retur:'~:e beverage cOGLainers.
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CC-205
Page 7
l-Z-74
approved
Ord. 613
Firs: R"ad!~"
I-V-7 ~ and
3-TM-74
continued
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,:,ould
1: Oregon
.~: . .:t bey.
-::..l'-:::ers
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or tIlE jßIL 1, 1974 cm ~IL IlEETDIG
~ctt, ""'''1"" saiIt the ICC is r.-t1nø the City's pos1tlora ora
'o_eft 1Ie.~ their next .1., OD the folloviD¡ ThuraclaJ.
Is a øocd JOSSibUity of tIa1s ~& defeated. There vere a
of people l"'-..t at the t.sc Ice meeting that vere ap1Dat it.
· Jac~ asreed that it _1,. .. wuc:h better on a Statewicle
· However. it appears thac ie is being stopped on a Statevicl.
· Hext bes: _ld be to do U OD a Countywide basis. He woulcl
to support it as long as other cities do.
· ProUch sëd he has never qaarreled with the intent of th1a.
be questi<:cÑ Òe long-tera resa1ta of it. He would like Califomia
_it to see :::., results of the laðependent study now being conducted
Oresøn in reg1--¿ :~ their noo-returnable beverage container bill.
",,?;-:::ed the Statewide proposal. He believes the County-
~ :~55 desirable ~se it has t~ be on a much broader
Nellis :!~:5 :~ere is a very important pri~~iple involved here.
a&rees Ü.ä: ~: ':-,::lld be on a Statewide basis :~ be most effective.
~ going Cou~:~._~e. ~t least ve are taking a s:e;: in the right
1I::1rection. 5::. -.: _:~ Uke to go to the ICC wit:: :he report that
t;Brtino is :::i:i5:ed.
:-~. Jacks:~_~=~.:~~~ is one V,a! that, ulti~:e:y. pressure can be
r..ught to be~. . _ _..è ~tate L~g_s.;..at:ure, and ..è ·.....:--.;ld 1 ike to go "'n
re:"rd as su,,::: :=,: ::. Discussion followed.
b.:..;od by Cou~: _ '-1: '''::, seconded by Counc. SeE ~5 :.o go on rec'lrc'
¡.- supporting :,~ :::~tnable beverage container oill.
Cou~:. .- 1: ~::1, Nellis
: Cou~. :::::~~, Meyers, ~yor Sparks
Motion died, 2-3
eo! by Cour.: _ -,,:.-e:., seconded ~,. Coone. Frol ic;-'. that the City of
tino go :: :e'.:-::! as rec'J:::aending the Ice e,,=~utage the State to
a look a: :,. 5:;¿Y being conducted on the 5:ate of Oregon, and to
rt State :ð,::s:~:ion for requiring returnao~e beverage containers,
~th IDOre :'~::5::C provisions as tû the ti=e '.or its effectiveness.
Kocian carried, 5-0
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"IIUU... OF till! APRIL I. a74 crrr COUNCIL hu.UAü
8. bport by Director of Pla1lD1Dg aød Deve1o,.ent on requut for
IIIIopUOI1 of the 1973 BuWiDI Code. (COI1tilluecl frea ...t1D¡
of Harcll 4, 1974)
~ 1:equut of the Pb""... lIirector. it vas lIOVecI by Counc:. BeUis
TT ømecl by Coanc:. JacboD to take the utter of adoption of the
1173 Building Code off cal8Ddar ~til auch t1ae as it is reintro-
tlllc:ed by the pb.....", Director.
lIot1on carried, .5-0
t. Dillcuss10n on sale of firaworJr.a within City. (Continued frOlll
_ting of March 4, 1974)
2!Ie Harch 13, 1974 1118Il1O frOlll the Code Enforcement Officer vas
.siacussed .
Coone. Meyers w:ldered if the requirement that the workers in the
fireworks stand be 18 years or older was necessary and if it is,
whetber it ~uld exclude such groups as the Rainbow Girls.
After further discussion, it was moved by Counc. Frolich, seconded
by Counc. Jac;~~n to instruct the City Attorney to draw up an
appropriate crdin3nce relating to the sale of fireworks pursuant
to the recc==~~ations of the Public Safety Commission with two
exceptions: :) A person eighteen years or older is to be present
in the stand ¿~ri~ all periods of sales, and 2) The dates of sales
shall corres?c~ to those of the County.
Motion csrried. 5-0
'10. Request ~y Versatec, Inc., for modification of previous per-
mission so that trailers may be moved next to buildings and a
parking lot be made on State right-of-way of Freeway 85.
The Planning :irector stated this proposal constitutes improvement
of property. ~ey vill go before the H-Control Committee later
this veek. I~ the event they gain H-Control approval, he asked
for tbe authority to issue the appropriate building permit.
~ed by Counc. Frolich, seconded by Counc. Jackson to grant
approval to the request by Versatec, Inc., and to authorize the
P1anøing Dir&ëtor to issue the appropriate building permit subse-
~t to H-Control approval of the application.
Hation carried, 5-0
CC-20S
Page 9
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Bldg Code
cakeu off
calendar for
the present
Fireworks
sale
ordinance to
be drawn up
Versatec given
"green light"
if they gain
II-Control
approval
X-20S
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:¿.!.con Park
3:r~et
':":!1provcments
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OF THE APUL 1, 1974 crrr COIIi1CIL KEETING
. Iepcm. by Directot' of Public VOt'u em pt'obabilities of FeltOD
Subcllrlsioa stnet iIIpr.... ~..
Director of Public Wot'U rø1eved his March 29. 1974 _ OD the
elton Parlt Street lmpt'Ø'I_te. Colored slides were shown of the
ea. There are three altematlves proposed:
Constnact Ulprovementa to CIty standards, including sidewalk.
curb aDd gutter, nota .st'a1nage and undergrounding of utilities.
2) S-e variaUon of the above with SOllIe items deleted from the
constractioo .
3) A phased Ulprovement which wuId include two lanes of traveled
way, with the remaining parking lane, curb and gutter and sidewalk
to be installed at some futut'e date.
Counc. Froli~~ felt that it was important to know what the people living
on those stree:~ want. He further suggested that this would be good
use of gas tax funds.
Counc. Nellis. t~, would like input from the people living there.
She felt it ~:~,d be necessary to have mini~al improvements (24' width)
and that t~e C::y would have to participate.
The City ~~~A~e: cautioned that the City maintains City streets that
are standAr~ City streets.
Counc. Ne::i, ~id the situation of McClellan Road is that
benefit t: ::.ic.y ?eople besides those living on )kClellan.
be taken :~:: ~:~sideration.
it is of
Th is should
Moved by c.=,,~~. ~!eyers, seconded by Counc. Frol ich that:
11) The staff s~ll discuss this report with the Felton Park
owners sf:e: a review is made by the City Attorney as to
aspects i~y:lved.
property
the legal
2) The Ci:y is ~illing to participate in this project providing that
streets s:e to be a minimum of 24 feet in width plus the construction
of st:r: ~:Ainage facilities.
3) Partic:?a:::n by the City is to be either 25: of the cost of street
impro..e~~t or the cost of a l-I/2 inch overlay, whichever is less.
4) The staff is to lIake a;'ailable to the pr0l"'rty o..'t\ers a schedule of
costs fo: A local improvement distr ict at minimum development with
varicus ~=c?arisons of costs of full imprcve~ents.
Hotion carried, 5-0
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JIIlIUTES OF THE APRiL I. 1974 CITÝ COUNCIL MEETING CC-205
Page 11
12. Repon by Director of ~11c: Works on prollOtional actirities
for Bicycle Safety ... ,..
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Co_. Frol1ch ..U be
tJaDa·
1.. 1ike th1a coordinateð witla the County
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DIll Director of Public .4- retr1ewed his March 29, 1974 - on
.tJda utter.
JIøved by Counc. Nellis, r ...... 117 Counc. Heyers to dløct the
City Engüeer to pur_ [ . .auion of bicycle lanes - lfary
Avenue and ~Clel1aa 1IøaoI. ... toappropdate the sum of $2500
frOll the General Fund SIIrp18s for this purpose.
AYES I
HOES:
Ccanc. Frolicb. JylreftQ, Meyers, ~ellis, Mayor Sparks
~ne
Motion carried, 5-0
Hoveð t-y C:"-,::.:. Nellis, sec.o:>ded by Counc. J&ckson to refer the
questic~ :f all other bicy~le lanes i~ t~c Capital Improvements
Prograc ::~ 1973-74 to t~ ~b11c Safety Co~ission for the
purpose :: ~lding public bearings.
Kotion carried, 5-0
MEV BU$::,:::~:'
13. Awa~: :: Time Depos~:s
Moved bf ~:~~:. Meyers. ~~ed by Cou~~. Frolich to authorize
the tic. :o?~5i:s in ac=cr~e with the A~ril I, 1974, ~ from
the Fi~A~:' Director.
AYES:
NOES:
_:;,¡~c. Frol ich, Ja.:uon. Meyers, Sell is, Mayor Sparks
~~:::~
Motion carried, 5-0
14. Rep:~: :f bids reeeiy": ant award C!l c"ntract for Traffic
Sig~~: Relocation - ~ridge Avenue at Wolfe Road a~d
Ste·..."" Creek Blvd. at Finch Avenue.
Hoved ~y è::;".~. Frol ieh. sec::mded by C"un:. Nell is to award the
contra,:t :':: .1greecaent .!rn :"~.coam.end.:1ticn of Di.rector of P-J,blic
Vorks.
AYES:
NOES:
~.",.mc. Frolich, ,Jackson, Meyers, Sell is, Mayor Sparks
s..:-:1.?
Motion Carri~d, 5-0
Mary Ave. &
KcClellan
bike lanes
appropriated
Bike lanes
public hcaring'
Ti:::e deposi~s
a",oarded
Traiiic Signal
re10cation
coot riJ,ct award.
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ES OF t1IE APRIL 1, 1974 CITY COUNCIL MEETING
IS. Request by Monta Vista Pa1AC and Hardware for pemission to
sponsor a balloootaa enat: OD April 21. 1974, on property
locateð at 21695 SUo r Cøek 11".(.
I... by CouIIc:. NeUia to appro'" tile
-iit.
, eð by C-. I'rolfda.. r'"
..' <~ Wloon1D& neot ,er'tlleu
-if \l"·-
Vet Affairs Yair
ref erred to
S taft
;" ~;
,;;~foD c:arr1eð, s-o
lløtion vas __eð by c.. .. ~h, secondeð by Couac. Jacboo that
."roval is subjec:t to tile CitY beiDl nailed as co-inaured ana that the
City Attorœy review the po.1k7.
A p....ent carded. 5-0
1~. Request ~y De ADza Co1lese Office of Veterans' Affairs for
donatio: of $1,300 to be1p defray costs of a countywide Employment
Opportu:ities Fair OD øay 23-24, 1974.
Br. Ray C. :icano, AssistaDt Coordinator, Office of Veterans' Affairs,
21250 Steve~$ Creek Blvd.. Cupertino, stated this Fair will include
the area fr~ Menlo Park to Cilroy. He answered the City Manager that
DO other ci:ies or the County would be participating in this funding.
The City ~~4~~r quoted fros a brief he prep~red in regard to
Cupertin~ ~:~:dup. He noted the scope of the Fair activities is
Countywid~ So: he would have :xl qualms if this came before the Board of
Supervis<'rs. Unless we CaD come up 1lith a sound basis that this wi II
benefit t~e :ity of Cuperti~ and its citizens, he would be reluctant
to advise ~::i~ipation without participation by other cities.
Counc. Meyers noted that half the amount is to be used for rental of chairs
and tables. ~~ thought De A=za College lIight be abie ,0 ~ooperate in this
regard.
Moved by C~~:~. Frolich, seccoded by Counc. Nellis to refer the matter
to the staff :~r assistance to that organization in developing alterndte
sources of :~venue.
Kotion carried, 5-0
17. Recom=e~~ation of Parks and Recreation Commission for approval of
a pro?c~ lease agre~t between the City and Rolling Hills
4-11 Clu: for use of a partion of the Horse Ranch property.
·
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_.cBS OF THE APRIL I. 1974 em COUNCIL MEETING
._~ by Coone. Heyen. _0-1-' by Counc. Nellis to approve the
1r--~ agreeDeDt with 101l1Dc BJl1s 4-B Club for use of a por~1oa
of cbe Horse JlaDc:h JR:ope"~J'-""Ject to telephone approval of ACh
-ae of the facUity by IIID.
lbtiOD carried, 5-0
c-c:. Nellis said she vas very fllpressed with the recent tour
CCIIICIucted by the Parks and Jtecreation Coøaission.
Parks and Recreation eo-issioøer George Gabriel said a great deal
of interest has been shOWD by cicizens and he suggested their
recOllllllendations and suggestions for uses of the Horse Ranch be
COI1S idered.
KL"i\1l'E ORDER:
Moved by Counc. Nellis, seconded by Counc. Jackson that :he Parks
and Recreation Commission undertake a study of recent suggestions
for use of the Horse Ranch.
Motion carried, 5-0
Mr. Sam Lorentzen, L8030 Crabtree Court, said many people are very
~lsappointed the barn can~cc ~~tlnue to be used by the Senior
Cirizens. Further, he feels it ~ould be more appropriate to ~~ve
rbe 4-H operation farther ayay from the Senior Citizens' :eeting
area because of the accompanyin¡ flies, rodents, odor, etc.
18. Discussion on proposed S~~ing Pool Ordinance and secting of
public hearing on Ord1r~nce So. 624.
19. Discussion on proposed ~niforo Plumbing Code Ordinance, 19ï3
Edition, and setting of ~olic hearing on Ordinance So. 625.
20. Discussion on proposed 1973 UniforM Mechanical Code Ordinance
and setting of public hearing on Ordinance No. 626.
Vpon request of the City Manager. it was moved by Counc. Meyers,
to cont inue Ord inances No. 624, 625 and 626 for the purpose of
allowing the City Attorney tr~ opportunity to prepare the: in
proper Municipal Code fora.
Motion carried, 5-0
CC-205
Page 13
4-11 Club usage
of portion of
Horse Ranch
approved
P 6. R Comm.
to study use
of Horse Ranch
Ord. 624, 625,
626 cont'.!
e-
M
Pas. 14
:"
~
,
~
~
t
Ot"d. 61B
cont1aGed
Res. 36)2
adopted
--
"
KIHIIUS or TIJE APIUL 1, 1974 CITY COUNCIL HEETU'G
ORDUWICIS
U. rirat ··....tøc of Ordinance No. 618: "An Or<ii1l8Dce of the City
of Cupertiøô 1epea11ng Ordinance 002(0) aød Mending Ordill3uc.
Ro. 002 ti)' Mðing the Classiflcatioo 'Planned DevelopMnt Zooe'.·
The PI_iDS Director asked the Council if they viahed to discuss
Section 7.2 :ID reprd to the U-control C~ttee's role in reviewins
pleaned developIMDU.
Councilman Jackson said the City Council has stated they felt that at
the definitive stage the H-COntrol participation would be quite
informal .
In regard to early input from H-Control, Counc. N~llis said the real
problem here is guidelines. She would like to see the Committee
proceed as quickly as possible with guidelines along Saratoga-
Sunnyvale Road. She would like the Committee to remain an advisory
Committee to the Planning Commission.
Moved by Counc. Nellis, seconded by Counc. Jackson to continue the
First Reading of Ordinance No. 618 to the next regular meeting.
Motion carried, 5-0
RESOLUTIONS
22. No. 3632: "A Resolution of the City Council of the City of
Cupertino Allowing Certain Claims and Demands Payable in the
Amounts and from the Funds as Hereinafter Desrribed for Salaries
and Wages for the Payroll Period Ending March 19, 1974." -
read by the City Clerk. This includes Warrants No. 20426 through
20537 with a total of $25,683.85.
Moved by Counc. Meyers, seconded by Counc. Frolich to adopt
Resolution No. 3632.
AYES:
NOES:
Counc. Frolich, Jackson, Meyers, Nellis, Mayor Sparks
None
Motion carried, 5-0
23. No. 3633: "A Resolution of the City Council of the City of
CupErtino Allowing Certain Claims and Demands Payable in the
Amounts and from the Funds as Hereinafter Described for General
and Miscellaneous Expenditures Period Ending March 29, 1974."
-- Read by the City Clerk. This includes Warrants No. 2606
thr~ugh 2649 with a total of $427,213.94.
~j.~-,..
"~':r'r;;:r. ,
ró.'·\;~."c--'__
'.: ,,. .',
J ..",.¡¡/ ':~.
~;,:/::>:j'
'f.
"
.
-
HINU'!ES OF THE APRIL I, 1974 CITY COUNCIL HEETING
:
MoVed by COI!IIc. Jackaœ, HCcmded by Counc. rrol1cb to adopt
kesolutioo lfo. 3633.
AYEs:
ROES:
c+. Prol1cb, J.cbon, Meyers, Nell1a, Mayor Sparks
NOIIÎ!Í::"
IIotioo carried. s-o
24. No. 3637, '"A lteaolut1oD of the City Council of the Citl of
Cupertino A110ving Certain ClaimS and Demands Payable in the
Amounts aDd from the Pands as Hereinafter Described for Cener
and Miscellaneous Expenditures Period Ending April 1. 1974."
_ read by the City Clerk. This includes VarranU No. 26S0
through 27S0 with a total of $SO,296.33.
Koved by Coune. Nellis, seconded by Counc. Frolich to adopt
Resolution No. 3637.
AYES:
NOES:
Counc. Fralich, JaLkson, Meyers, Nellis, Mayor Sparks
None
Motion carried, S-O
CONSENT CALENDAR
25. Resolution No. 3635: "A Resolution of the City Council of the
City of Cupertino Approving the Final Map of T~o Parcels of
Land Located on the South Side of Maggio Circle ~est of Blaney'
Aver.ue; Owners, Vincent and Domenica Maggio; Authorizing the
City Engineer to Sign the Final Hap."
26. Resolution No. 3636: "A Resolution of the City Council of th~
City of Cupertino Accepting Quit~laim Deed and Authnrization
for Underground Water !tights from James Herbert, East Side of
Hillcrest Road North of Crescent Road."
27. Request for solicitation permit by National ~ltiple Sclerosis
Society for 12 months ending May, 1975 '.11th a co:¡centrated
campaign the week of May 3, 1974.
Moved by Coune. Frolich. seconded by Counc. Nellis to adopt
the Consent Calendar.
Motion carried, 5-0
,
CC-20S
Page 15
lea. 36~3
adopted
Res. 3637
adopted
Consent
Calendar
adopt ed
œ-205
rep16
HDI\ITES ~ APIIL 1, 1974 CIn COUNCIL'TING
27. Request by GoYeruor for designation of the _nth of May
as Anti-Litter Month.
, 1
~~ shøuIéI Jfø9ed by CouIIc. Jae~. secoDded by Coone. Nellis that appraviDJ
, ' ,', -sa 5 proc1aatio1ll aloDe WJI't clean up the l1tt81'¡ citiaeu of Cupertmo
;"f, ' " ,.'.1 IDCour.....CioD of 811 594 aDd should eacour... stùd1ea
."'" " 6f".' ..1 .
r;:~ " " t_ ,--0.. _.
~; ;;('.-'
.-'" .
{,,;.,:
~.: -,'1~
+\t~t
AtIS:
CoaDè: .1_"-, !layer., Nellis, Mayor Sparta
1I)IS :
CouDc.I'roUch
Motion carried, 4-1
REPORTS FROK wu_IL Ul'JIESENTATIVES
29. Mayor Sparta:
Inter-City Council
League of California Cit!..
Flood Control Advisory Committee
The Mayor appointed Counc. Uellis as Alternate
for tbe Planning Policy Committee, the Airport
Land Use Commission, and tbe Member of tbe
Environmental Review Commission.
30. Mr. Frolich:
Transportation Commission
Former representative Pete Lewis would like to
stay on the Commission. Counc. Frolich suggest'"
tbe ~!ayor express the sentiment that he remain
at least until next Februa1'Y.
Kec ..,'"
Pete Leñs
r_iD on
TrIClll. Comm.
Moved by Counc. Frolich, seconded by Counc. U,,'llis that Mayor SparJr.a
recommend to Inter-City Council that Mr. Lewis be allowed to remain
on tbe Transportation Commission until next February or, if this is
not ~beir intent, that he be left on for a month to explore the
situation and come up with a recommendation since this is probably
one of tbe most important projects for the County to work on right novo
Motion carried, 5-0
. .
~"e Transportation Commission is going
into an in-depth study of bus routes,
ways of funding, and expanaion of service.
Legislative Review Committee -- No report.
tþ
-
JUAtIES OF THE APRIL I, 1974 CITY COUNCIL MEETING
31. Hr. JacJr.son: Associati_ of Bay Area Goverlllllents
UrbaD DevelQ'V--~ , Open Space Subcommittee
of PPC
Airporc Lad U.. SubcOØlllittee
.. No reporu.
(I
31. Mr. Heyers: Phnfti. Po11cy CoeIIittee
.. CowIe. ___ .aked the Council Member_ for
their f_14-.. on the report forwarded to th_.
.. There ... . d1scuaaion of growth policies.
Hillside ~--{ttse of PPC
.. '!hi. CoeIIittee may go out of existence 1D the
DllXt _eral months.
The Bi1laide Subcommittee reaffirmed its
policy for the Stevens Canyon area.
Airport Land Use Commission
.. Policiea vere adopted for Reed Hillview Airport
33. Hrs. Nellis: Drug Abuse Coordination Commission
.. She recapped the League of California Cities
meeting on drug abus~. Drug users now can be
found in the 4th and 5th grades novo
Drug userS are DOt a ho~ogeneous group.
Drug use is a SymptOM of something else.
Community a:r.>roach to drug problem report \las
given during lunch.
Applications were available for teams sponsored
by the Fec!eral Goverl1l'!ent to become in-rolve<!
in fi8ht~ the drug problem.
Counc. Jac£~on suggested Cupertino Roundup.
nJ'ORTS A!m ~!'::-n:S
34. Planni~ Co:øll1ssion
A. ~tinutes of regular ~.ting of Planning Commission meeting
of !brch 25, 1974 DOt available at this time.
B. Submission of minutea of regular meetinr. of March 11, 1974.
CC-70S
Page 17
:c-~05
1'~.. IS
MUTES OF THE APRIL I, 1974 CITY COUNCIL MEETING
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,
35. Architectural and Site App£..¡al Co_ittee
A. Subaission of Hiøates of regular .eeting Karch 20. 1974.
36. Parks aDd lecreatioø c-1øa1on
A. Sobaisaion of 1UDuC.. of adjourned regular meeting March 27. 1974.
37. Water eo-iasion
A. Subaission of !linutu of regular meeting Karch 27. 1974.
38. Librar~ COIIDissioø
A. Submission of KiDutes of regular meeting March 19, 1974.
39. Public Safety Commission
A. Sub=ission of Kinutes of regular ceeting Harch 21, 1914.
liPORIS n.J~ OFFICERS
40. City Staff
The City V4~~ger announced ~he resignation of Mr. George Hangano as a
Member of :~e Public Safety Commission.
'~:lgano
:~3igna~1on
Moved by C_~nc. Meyers, seconded by Ccunco Frolich to accept the
resignat:~~ of Coœmissioner ~ngano and to instruct the staff to prepare
a suita~le plaque recognizing his ser~ices to the City.
Motion carried, 5-0
The City ~nager recommended no Council action be taken at this time
in regard to the matter of fire marshal services. A report frOlD the
County Lx~utive Offices is forthcoming.
Weed abate:ent notices went out this dato, according to the City Hanager.
April 26, 1974 was set by the Council for the acceptance of applications
for consi~eration for appointment to fill the vacancy on the Public
Safety Cc==ission.
.
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-
.
HINllTES OF THE APRIL I, 1974 CITY COUNCIL MEETING
The City Manager reporteð that a radar speed survey being fundeð
throuSh a highway safety srant tIOUld be starting the folloving
VlIet.
The City Attorney _viaeð thet the Riches-Imhof lawsuit has been
set for an April 5th trial calendar.
The Director of Planning and Development distributed copies of
the City's new Enviroll1lelltal tapact Report. which ,,"ill be reviewed
by the Pla:ming CCP-:asa1on on April 22nd and will COM to the
Council the end of Kay.
RECOG1CITIO~ OF NON-AGENDA ITEKS BY MAYOR
41. Genera: Audience Requests -- None.
.
42. City C~ncilmen
A Minute .~!er was proposed by Counc. ~ellis, seconded by Counc.
Jackscn t: :~e Parks and Recreation Co~ission asking the~ to
investig~t, the necessity and desirability of providing additional
baseball ~::.::"nds and to involve pers"ns fr"::1 the Little League an
Bobbysex ::ganizations in this question as ~ell as methods of
fund ing.
Motion carried, 5-0
Co"ncil=-a~ Fr"lich asked the staff to obtain copies of SB 1596 and
SB Ô7i.
Moved by ':~'"è. Meyers, seconded by Counc. Jackson to endorse
aaintaini~, t~e existing SS ailes per hour speed limit and in-
struct"': :"'.e staff to so notify the Go'"ern"r and appropriate
Members :~ :he Assembly and Senate.
~tion carried, S-O
In regarj :: thc Horse Ranch, Counc. Meyers would like the
developer t" at least have the slope planted in the near future.
and an extension of the bike lane into the park itself so people
don't ha~e t" go down McClellan Road.
Co~ncil~~ ~eyers would like an informal review of capital improve
aents ite=$ status.
The City _'::.'rney advised that a moratorium had been placed on the
fil'n~ of ~:nflict of Interest forms pcnrling a decision by Califor ia
Supreme C:urt as to the constitutionality of the statute.
CC-20S
Page 19
Baseball
diamonds
55 MPII
405
Ie 20
JlDUtES OF THE AP&IL 1.'1974 cm COm:CIL MEEtING
"
-
",
. .
f
!
r
,
, c.øc. JacltsoD ukad tbe staff to develop a City-v1c1e spee~ tree
.t""ace aød to indueS. cber.1D specific cletails for CM proC.ctiOD
, "ees 1D d~C ø... dU!a3 and after such cle"e14. - "c.
êoaac. JacbOD announce4 a cbaaí. 111 forut of the nexc 'lOUD Ìall
. '" CiIlS by iistin¡ specifSe copSes for cliacussion. Counc. mUch
fe1c we ~d set better cl1sc:PsiODS sotna with UllStruC~e4 for8&t.
CocJe £Dforc_t Off1cø.... ukad to check 011 ~ sIpS.
jJUuûa.~l
43. Adjourn to Personnel $ess1oD - at 12:47 A.H.
OpeD sessian was r8COnveøed at 1 :29 A.H.
Moved by C~nc. Jacksoll, seconded by Counc. Frol1ch for _imous
adoption c= Y.anagement CoopensatiOR Plan as submitted by the City
Hallager .
MOtion carried. 5~0
MOved by ~~~C. Jacksoll, seconded by Counc. Frolich to adjnurll the
Q8eting 3: ::)0 A.M. to 7:30 P.M. April 3, 1974 in the Co~fereacð
room fer :~~ ~urpose of interviewing candidates for Cocaission
vacancies.
Kotion carried, 5-0
. ,
APPROVED:
/5/ Re"d Sparks
~,ycr, City of Cupertino
ATTEST:
/s/ Wm. Õ. ;:y-i~r
City CleÚ