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CC 06-15-70 , , CITY OF CUPERTINO, State of California 10300 Torre Avenue, Cupertino, California Phone: 252-4505 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL HELD JUNE 15, 1970 IN THE COUNCIL CHAMBERS, CITY HALL, CUPERTINO, CALIFORNIA Vice Mayor Noel called the meeting to order at 8:00 P.M. and led the salute to the flag. Roll Call Councilmen in attendance: Fitzgerald, Frolich, Green, Noel. Absent: Mayor Stokes. Also Present: City Manager Storm, City Attorney Anderson, City Clerk-Finance Director Ryder, Director of Public Works Yarborough, Planning Director Sisk, Chief Building Inspector Benevich, Parks and Re- creation Director Parham, Assistant Planner Cowan. Vice Mayor Noel requested that the record show Mayor Stokes being ab- sent on City business. Written Communications 1. As requested by the applicant it was moved by Councilman Frolich, seconded by Councilman Fitzgerald and passed unanimously to remove Appli- cation 465-HC-70 from the Council agenda. 2. The requests and advices from Mrs. Mary Castiglia, 10161 Phar Lap Drive; Mr. and Mrs. Nicholas Szabo, l0235 Creston Drive; and the Oakdell Ranch Homeowners Association were received and read into the re- cord. Vice Mayor Noel advised those present that the City Council could not postpone the public hearing beyond the meeting of July 20 solely because of an individual request. He said previous appearances before the Council indicated interest being shown in this by proponents as well as opponents. It was moved by Councilman Fitzgerald, seconded by Councilman Green and passed unanimously that the public hearing previously scheduled for July 6, 1970 relative to the construction of a footbridge across Stevens Creek be rescheduled for public hearing at the meeting of July 20, 1970. CC-48 roll call 465-HC-70 removed from agenda hearing on footbridge rescheduled for July 20 3. City Manager Storm explained that the request by Vallco Park for a resubmittal to the State by the City of a request for construction of resolution the overcrossing structure over Interstate 280 at Tantau Avenue was a ¡requested matter of unfinished business. After hearing Mr. Storm's explanation of ifo~ Tantau the history of this project it was moved by Councilman Fitzgerald, second-!overcrossing ed by Councilman Frolich and passed unanimously that the City Manager haveí r- a resolution prepared for consideration at the next Council meeting. I page 2 comments by resident of San Juan Road re water service comment by Vice Mayor comments by City Manager ! Minutes of the City Council June 15, 1970 CC-48 Written Communications Cont'd. The written communications were filed on motion of Councilman Fitzgerald and second of Councilman Green. Oral Communications Mr. Harold W. Roberts, 2246l San Juan Road, addressed the Council on the subject of improper water service on San Juan Road. He cited the pre- valent danger to health and welfare from this corroded two-inch line which probably had been installed some twenty to thirty years ago and now services thirty homes. He said that residents in the area often were out of water anywhere from a few minutes to as much as twelve to fourteen hours. He contended that it was not possible to operate a modern home under these conditions and that fire prevention was totally impossible. He said that attempts had been made in the past to have this situation corrected through contacts with the City officials. The County Health Department had been contacted and they had expressed surprise and concern that the water pressure was 6~ to 7 pounds instead of a normal 40 to 80 pounds. He continued by saying the situation was so bad the State Attorney General had been petitioned for assistance. At that time, approximately a year ago, he said corrective action had been promised by October of 1969. Volume of water was not a problem in the winter even though pressure was lacking. He had been advised that the construction of the new water tank would cure these ills but there had been water outages several times this spring. He said that he now has been told corrective action would be taken sometime in September of this year. He alleged that the City still professed unawareness of the severity of the situation and after a review there had been a temporary bypass in the line to alleviate the most critical problem. He said that he had been told plans were in pro- gress and would be implemented when affirmed by the City Council. Then Mayor Noel advised Mr. Roberts and members of the audience that the City Council did not take this situation lightly and assured them that there would be full discussion on the problem and the corrective action would be taken immediately. City Manager Storm explained that the water tank itself had the highest priority and that this had depleted the cash reserves of the Water Depart- ment. He said he would request permission of the Council at this meeting to go to bid for a new main, the contract to be let sometime in August when sufficient cash is made available. Mayor Noel then asked if thè water pressure had improved any during the :last month. Mr. Storm replied tha~ a valve had been turned off which iprevented the looping or the recirculation of water. This now had been Minutes of the City Council June 15, 1970 Oral Communications Cont'd. turned on and with the tank being drained admitted that a fire hazard was there but installation of the new line. the pressure had increased. He that could be resolved with the Councilman Frolich had a question as to whether the corrective action was of a temporary nature only or if, in fact, the problem would stay solved so far as these customers were concerned. Mr. Storm said that definitely the customers' problems had been solved. Councilman Fitzgerald wondered if the Council had not been led to believe that the new tank was to have been the answer to all these problems. Mr. Storm said that the new tank had no effect on this line and that plans for a new one have been in the making for so~e time. Only the lack of the $15,000 to $20,000 required to install it has prevented the construction from having taken place al- ready. Mr. Angelo Guidotti, 11041 Stevens Canyon Road, advised the Council that he did not have any water pressure either today or last weekend. He said that at the time the new tank was being constructed he had been advised that the pressure of that tank would affect his service but to date it had not. Mr. Storm said that the water from the tank was going into the entire system but that with this particular customer being at the end of the line it would be the responsibility of the property owner if the size of his service was to be increased. Councilman Green asked if the service had been improved during the past week to which the reply was in the negative. Councilman Fitzgerald said he thought that the construction of the new tank was to have cured the ills of the Water Department and suggested that the Water Department should borrow money from another fund, if necessary, to provide proper service. Mayor Noel suggested that the staff submit a report at the meeting of July 6 on what has been done and what will be done in the immediate future in the way of corrective action. This suggestion was put in the form of a motion by Councilman Fitzgerald which then was seconded by Councilman Frolich and passed unanimously. Report of Council Representatives There being no meetings of the Commissions and Committees, there were no reports submitted other than by Councilman Green. Councilman Green commented that a meeting was held on June 11, 1970 of the Solid Waste Committee of the Planning Policy Committee when the question of hired consultants was discussed. He said that a report would be made on this in July and the Council would be so informed at that time. I I icC-48 I i page 3 I ! comments by City ,Manager ;Storm ! i i ;5~mments 'r~sident ¡Council ¡discussion I i i !report on :water :situation I reqUested I I I I i report of Councilman Green i ! page 4 12-TM-70 legend lh"'.' I ¡Report of the City Council June 15, 1970 CC-48 of Planning Commission 11. i I I I ! Application l2-TM-70 from Marvin M. Smith for a Tentative Map adjusting the property line to divide 18,556 square feet into two lots in an R2- 4.25 Zone located on the southerly side of Alcalde Road approximately 80 feet westerly of Merriman Road. Recommended for approval by the Planning Commission on June 8, 1970. ¡Prior to the presentation of the application by Chairman Puetz, Mayor !Noel extended his and the Council's congratulations on being elected 'Chairman of the Planning Commission for the coming year. I IChairman Puetz commented that the present zoning was for R3 and was ¡within the jurisdiction of the County. The property is in the process 'of being annexed and when it is, it will be zoned R2. There are four presentation!existing buildings on the property which are quite old and are non- ¡conforming. The question relative to this Tentative Map is the adjust- :ing of the property line to permit a duplex to be erected on the front [half. I :Mr. Sisk replied to Councilman Green's question that the indicated by 'easement was the access to Alcalde Road. The Planning Commission was 'concerned about this egress and the approval of this Tentative Map :would guarantee access to Parcel B. The subdivision was completed in ¡1917, the easement is now vacant and the nonconforming use would not ,be affected by the changed property line. I comments Planning Director council discussion 12-TM-70 approved with conditions 'Councilman Fitzgerald asked if the easement was to be improved to which the reply was that the 12 Standard Conditions were made a part of the development, thus requiring improvements. Councilman Green wondered if the City had a plan to solve the problems ,of other similar parcels having the same characteristics or if it was going to treat each one separately. He was told that the latter was ,the only practical solution and that this application was somewhat of :a precedent-setting action. , ! 'Councilman Fitzgerald commented that all these lots at one time had ,access by a 25 foot strip but now those strips either had been sold ior, in some cases, had houses built on them. , I ¡Councilman Frolich thought that the lot was too small for a duplex but Mas zoned as such and wondered if there was a possible alternative if ¡the application was denied. Mr. Sisk assured him that the existing ¡parcels were buildable. lIt was moved by Councilman ~rolich, seconded by Councilman Fitzgerald ¡that Application l2-TM-70 be approved subject to the conditions imposed by the Planning Commission. The motion passed with Councilman Green voting no. Minutes of the City Council June 15, 1970 2. Application l2-TM-69, request for extension of time from Ward Crump Developments, Inc. as ap- proved by the City Council June 16, 1969. Re- commended for approval of time extension by the Planning Commission on June 8, 1970. There being no questions it was moved by Councilman Fitzgerald, seconded by Councilman Frolich and passed unanimously that the requested exten- sion of time for Application 12-TM-69 be granted. 3. Application lO-TM-70 from E. H. Baker for a Tentative Map on approximately .75 acre locat- ed on the west side of Linda Vista Drive, 350 feet south of Columbus Avenue. Recommended for approval by the Planning Commission on May 25, 1970. It was moved by Councilman Green, seconded by Councilman Fitzgerald and passed unanimously that Application 10-TM-70 be considered with the public hearing for the companion application for rezoning. Report of the Architectural and Site Approval Committee City Clerk Ryder informed the Mayor that he was in receipt of three re- quests requesting that applications on the agenda be continued to the meeting of July 6, 1970. Based on the request by the applicant in each case and on individual motions and seconds by Councilman Frolich and Councilman Fitzgerald,respectively, which motions were passed unanimous- ly, Applications 463-HC-70, 429-HC-70 and 466-HC-70 were continued to July 6, 1970. 1. Application 308-HC-67 from Otsen Signs, 152 Kennedy Avenue, Campbell, requesting approval to erect a 19 square foot plastic sign for Mike's Hero Restaurant located at 20840 Stevens Creek Boulevard. Recommended for approval on June 10, 1970. There being no questions on the presentation by Chief Building Inspector Benevich, it was moved by Councilman Green, seconded by Councilman Frolich and passed unanimously that Application 308-HC-67 be approved as recom- mended by the Architectural and Site Approval Committee. 2. Application 469-HC-70 from Admiral Mobilhome Products, 180 E. Sunnyoaks, Campbell, requesting approval to install two aluminum patio awnings at Chuck Thompson's Swim School located at 22340 Homestead Road. Recommended for approval on June 10, 1970. I ICC-48 ¡page 5 I I !12-TM-69 ¡legend I ! , I I I , il2-TM-69 I ¡continued IlO-TM-70 ¡legend I I I llO-TM-70 Ito be heard !under Public rearingS ! 463-HC-70, 429-HC-70, 466-HC-70 continued 308-HC-67 legend 308-HC-67 approved 469-HC-70 legend page 6 469-IIC-70 approved 470-HC-70 legend 470-HC-70 approved 9-Z-70 legend lO-TH-70 companion application public hearing closed City Council Minutes of June 15, 1970 CC-48 Application 469-HC-70 Cont'd. There being no questions it was moved by Councilman Fitzgerald, seconded by Councilman Frolich and passed unanimously that Application 469-HC-70 be approved as recommended. 3. Application 470-HC-70 from Barnhart Construction Company, 785 Walsh Avenue, Santa Clara, request- ing approval to construct an addition to the Wells Fargo Bank located at 10260 S. Saratoga- Sunnyvale Road. Recommended for approval on June lO, 1970. It was moved by Councilman Fitzgerald, seconded by Councilman Frolich and passed unanimously that Application 470-HC-70 be approved as recommended. Mayor Noel said, on oversight, he had neglected to extend the same con- gratulations and best wishes to Chairman Adams on his election to that position for the coming year. He then extended such congratulations. Report of Parks and Recreation Commission The minutes of the June 8, 1970 meeting were received and filed. Public Hearings 1. Application 9-Z-70 from E. H. Baker requesting the Rezoning of approximately .75 acre located on the west side of Linda Vista Drive, 350 feet south of Columbus Avenue from Agricultural-Residential Single- family One Acre Lots (Al-re) Zone to Residential Single-family 10,000 square feet Lots (RI-IO) Zone. Recommended for approval by the Planning Commission on May 25, 1970. Mayor Noel said that Application lO-TM-70 would be considered with this application for Rezoning. Mr. Estin Baker presented the application and said he would be willing to answer any questions the Council may have. Planning Director Sisk advised that the applicant had agreed to the 12 Standard Conditions and the required dedications. In answer to Councilman Frolich's question, Mr. Yarborough replied that because the radius was to be built sometime in the futur~Mr. Baker was not now being required to improve the access to the park. It was moved by Councilman Frolich, seconded by Councilman Fitzgerald and passed unanimously that the public hearing be closed. Minutes of the City Council June l5, 1970 Public Hearings Cont'd. - 9-Z-70, lO-TM-70 Councilman Frolich moved, Councilman Fitzgerald seconded and it was pass- ed unanimously that Application 9-Z-70 be approved subject to the con- ditions imposed by the Planning Commission. Councilman Frolich moved, Councilman Fitzgerald seconded and it was ap- proved unanimously that Application 10-TM-70 be approved subject to the conditions imposed by the Planning Commission. Ordinances 1. First reading of Ordinance No. 464: "An Ordinance of the City of Cupertino Amending Section 1 af Ordinance No. 2 by Reclassifying a Certain Portion or the City of Cupertino from Agricultural-Resi- dential Single-Family 10,000 Square Feet Lots (Rl- 10) Zone; Approximately .74 Acre Located West Side of Linda Vista Drive, 350 Feet South of Columbus Avenue and North of the Entrance of Hillside Park." It was moved by Councilman Fitzgerald, seconded by Councilman Frolich that Ordinance No. 464 be read by title only and that the Mayor's reading of the title constitute the first reading of the ordinance. Ayes: Councilmen Fitzgerald, Frolich, Green, Noel Noes: None Absent: Mayor Stokes 2. Second reading of Ordinance No. 462: "An Ordinance of the City of Cupertino Amending Section 1 of Ordinance No. 2 by Reclassifying a C~rtain Portion of the City of Cupertino from Single-Family Resi- dential (Rl-IO) Zone to Light Industrial (ML) Zone; Approximately .58 Acre Located West of and Adjacent to Southern Pacific Railroad and Approximately 200 feet North of Stevens Creek Boulevard." It moved by Councilman Fitzgerald, seconded by Councilman Frolich and passed unanimously that Ordinance No. 462 be read by title only and that the reading of the title by the Mayor constitute the second reading of the ordinance. It was moved by Councilman Fitzgerald, seconded by Councilman Frolich that Ordinance No. 462 be enacted. Ayes: Councilmen Fitzgerald, Frolich, Green, Noel Noes: None Absent: Mayor Stokes Resolutions Resolution No. 1999: "A Resolution of the City Council of the City of Cupertino Allowing Certain Claims and Demands Payable in the amounts and cC-48 page 7 9-Z-70 approved lO-TM-70 approved Ord. 464 Ord. 464 first reading Ord. 462 -- I lrd. 462 enacted es. 1999 page 8 Res. 1999 adopted Res. 2000 adopted Res. 2001 -- adopted Res. 2002 adopted Minutes of the City Council June l5, 1970 Resolution No. 1999 Cont'd: CC-48 From the Funds as Hereinafter Described for Salaries and Wages for Payroll Period Ending June 2, 1970." It was moved by Councilman Frolich, seconded by Councilman Green that Resolution No. 1999 be adopted. i Ayes: Councilmen Fitzgerald, Frolich, Green, Noel I Noes: None I Absent: Mayor Stokes I Resolution No. 2000: "A Resolution of the City I Council of the City of Cupertino Allowing Certain I Claims and Demands Payable in the Amounts and From i the Funds as Hereinafter Described For Miscellaneous i It was mov::db:e:::::i::::n::::::::"seconded by Councilman Green that ¡ Resolution No. 2000 be adopted. ! Ayes: Councilmen Fitzgerald, Frolich, Green, Noel ! Noes: None I I Absent: Mayor Stokes I I J I I I I ; It was moved by Councilman Green, seconded by Councilman Fitzgerald I that Resolution No. 2001 be adopted. ¡Ayes: Councilmen Fitzgerald, Frolich, Green, Noel !Noes: None ¡Absent: Mayor Stokes I I I ì í , 1 i lIt was moved by Councilman Green, Resolution No. 2002 be adopted. ,Ayes: Councilmen Fitzgerald, , ¡Noes: None Absent: Mayor Stokes Resolution No. 200l: "A Resolution of the City Council of the City of Cupertino Ordering Vacation of a Portion of a Public Utilities Easement Within the City of Cupertino Pursuant to Section 50430 of the Government Code of the State of California." Resolution No. 2002: "A Resolution of the City Council of the City of Cupertino Declaring Its Intention to Order Vacation of a Portion of a Public Utilities Easement Within the City of Cupertino Pursuant to Section 50430 of the Government Code of the State of California, Fixing Time and Place for Hearing and Providing for Notice Thereof." seconded by Councilman Fitzgerald that Frolich, Green, Noel Minutes of the City Council June 15, 1970 Unfinished Business 1. At the request of the Planning Director, the selection by the Council of a date or dates for a joint meeting for presentation by County staff of report on housing situation for 1969 was continued to the next regularly scheduled meeting. 2. The City Manager reported that he had received some maps from the Mayor of Palo Alto indicating the proposed Open Range Park Program in the Palo Alto Foothills. He said there was no further information available. On the motion of Councilman Fitzgerald, the second of Council- man Green, which was passed unanimously, this matter was turned over to the Parks and Recreation Commission for further study and report at some future meeting. 3. City Manager Storm reported that the bill in the Legislature purporting to make surplus State lands available to municipalities for open space purposes at half-cost was still in committee and, in all likelihood, would remain there. No further action was taken on this. 4. Chief Building Inspector Benevich stated that,as requested, he had reviewed the applications involving the approval resulting in the lack of landscaping in the vicinity of the Straw Hat Pizza establishment. He said that the applications for the Straw Hat Pizza and the old Wilson house had been heard at one hearing before the Architectural and Site Approval Committee. The record indicates that some landscaping was to have been in front of the house with but very little being around the Pizza Parlor. He said he had discussed this problem with Mrs. Woodruff, the owner, and she had indicated willingness to conform to the wishes of the City. He reported that there was discussion of installing some additional land- scaping and shrubbery by the cutting through of the paved parking area. Mayor Noel expressed his appreciation for Mrs. Woodruff's co- operative attitude. Mayor Noel then answered Councilman Frolich's ques- tion if the review by the Architectural and Site Approval Committee was the only assurance or means the City had for having proper landscaping installed. He said that, in this case, the applications had been pro- cessed without the landscaping requirements and since then the procedures have changed to prevent a recurrence. 5. Mr. John Benedetti of the Sutter Hill Development Company ad- dressed the Council asking for modification of the restriction which would not permit construction of a gas station at Homestead and Stelling Roads until construction of the adjoining commercial area. He reviewed C-48 age 9 ounty eport on ousing ontinued ap of ~:~~i:::ge ~atter eferred to & R o further ¡ction re urplus tate land discussion on landscaping at Straw Hat Pizza and old Wilson house Sutter Hill request page 10 Minutes of the City Council June l5, 1970 CC-48 Unfinished Business Cont'd. the history of the applications and said that 20 of the 25 acres had now been developed, a portion of the commercial property had been resold to Albertson's Market and Gulf Oil Company in good faith, over $50,000 had been expended for the undergrounding of utilities and contracts had been entered into for street improvements. On the basis of this, he requested the Council to evaluate the company's intent and to appraise the sequence of events. He said the property was owned by Gulf Oil Company but that, through no fault of theirs, they cannot build their station. He said Sutter Hill Development Company had no monetary interest in the property. Mayor Noel said that this WaS the second request for relief from these discussion restrictions. He said he could appreciate the position the company was of i in but that the City had been hurt before in similar stations where the restrictioni same plea had been made and, when granted, the commercial portion had not imposed re i been completed, leaving only a gas station. construction of gas I Councilman Frolich said he does not necessarily share everyone else's station I views that the worst thing you can put on a piece of property is a gas at Homestead station. Whether good or bad, there is a limitation. There is no way & Stelling I' the City can arbitrarily say, "No more stations~" Therefore, he continued, it is reasonable to condition further stations on some reasonable contin- gency from a development standpoint. He thought, though, that if relief was granted the City would be placing itself right back where it started. restriction stands Citizen's COfll.mi t tee discussed park vandalism discussed Councilman Fitzgerald said he basically agreed with these comments. Councilman Green indicated he would like the benefit of the study now being conducted in the Planning Commission and, generally, he concurred with the feelings of the other Councilmen. Councilman Fitzgerald asked if the Use Permit for the gas station was still in effect. Planning Director Sisk said that the Use Permit had been issued in April, 1969 and he could find no evidence of an extension having been requested. It being the consensus of the Council that the issue was dead, no further I action was taken. I New Business I 1. Mayor Noel reviewed the recommendation advanced by Mayor Stokes ,at the last meeting for the creation of a Cupertino Citizen's Goals Committee. ¡Mr. Sisk said that due to the lack of time between when the invitations had 'I' gone out and the current meeting he had received but two responses from members of the Council and none from any of the service clubs. I 2. Councilman Green expressed his concern as to the vandalism in the parks. He said this had resulted in several discussions with deputy sheriffs and had found from them their complaints on enforcement being due to no curfew being imposed and no postings in the parks as to closing time. They said Minutes of the City Council June 15, 1970 New Business Contti. that it was not possible to enforce what was not in existence. He said that the City Manager had prepared an urgency ordinance establishing a City curfew having certain requirements that this was needed now, parti- cularly with school being through for the summer. The City Manager said that the ordinance prepared was a standard type of curfew ordinance and, if enacted, appropriate signs would be in- stalled in the parks by Wednesday. The City Manager replied to Councilman Fitzgerald's question that no other city having a contract with the Sheriff's Department had such a curfew ordinance. At the request of Mayor Noel, City Clerk Ryder read Ordinance No. 465 in fulL It was moved by Councilman Green, seconded by Councilman Frolich that Ordinance No. 465 be enacted as an urgency ordinance. Ayes: Councilmen Fitzgerald, Frolich, Green, Noel Noes: None Absent: Mayor Stokes 3. Review of Santa Clara County application requesting approval for the following as submitted by the applicant - Roman Catholic Archbishop of San Francisco (Los Altos Investment Company) Change of zone from Exclusive Agriculture (A) Zone to Residential Agriculture (Al-H) Zone and for a Use Permit to allow a 957 space mobile home park with related stores, coffee shop and service station facility on approxi- mately 159.8 acres located westerly of Mary- knoll Road and southerly of Junipero Serra Freeway. Mayor Noel introduced the subject matter and said a proposed resolution had been distributed to members of the Council but this was of such im- portance he wished to have some discussion on it. He said the proposal was coming up before the County on June 18 and that the County was ask- ing for City participation and approval on it. Planning Director Sisk reported that he had received an official notice last Friday that an application had been filed to develop a 957 space mobilhome park with related commercial activities. He then oriented the Council to the specific location of the subject property, pointing out that access to the entire project would be by Maryknoll Road with only an emergency access into Los Altos. C-48 age 11 iscussion n curfew i I i , i I I , I i I I Curfew Ord. I r65 enacted ¡application Ifor imobilhome I ¡park I I ! I I !comments by ;Planning ¡Director , I I page l2 further discussion of proposed mobilhome park traffic problems discussed Minutes of the City Council June 15, 1970 CC-48 He said the property basically is dedicated to cemetary use and that this proposal is to provide some type of interim use as an economic 'measure for tax relief. As the cemetary is expanded this facility , gradually would be phased out. He pointed out also that this particular area was within Cupertino's sphere of influence and it was his belief urbanization of the area should be done under the auspices of the City of Cupertino. Public Works Director Yarborough said that annexation of the area was important to the City so as to control the traffic generation which would be a burden on Cupertino maintained streets. }[ayor Noel added that because of the freew'ay blocking all ingress and egress from the north, traffic from this development necessarily would have to use Cupertino streets. Because of this he thought that it would be proper for the developers to annex, use the other facilities and be- come a part of the City. Councilman Frolich said that 900 would be better than 9,000 cars and wondered why all of them had to come through Cupertino. He was told by Mayor Noel that the only access to Cupertino from Los Altos is all resi- dential streets and the City did not want these streets to be used in this manner. Councilman Frolich then asked what the feeling of the staff is relative to the traffic problem. Mr. Yarborough said his main concern was the intersection at Foothill Boulevard. He also thought that a second ac- cess should be from the Permanente Road area. Counci.lman Frolich offered the suggestion that the property owners or developers be require~ as a condition imposed by the County and, regard- , less of annexation proceedings, to have Maryknoll Road improved and to participate in the signalization of the interchange with Foothill Boule- vard. Mayor Noel said this had been brought up at a meeting with the staff and . had received favorable interest. Mr. Sisk added that the proposed Item : C in the Resolution requests direct involvement by the City in formulat- , ing conditions and reviewing the whole project. Agreement was indicated , by Councilman Frolich, if such was understood by all, to include traffic ; control within the meaning of that language. ! : Councilman Fitzgerald said that this was his first opportunity to review . the plan but he could not see any improvement by this over a well designed, : nicely landscaped commercial center which had never come before the Council. He argued that this concept was not within the master plan for the area. He also took to task those agencies who previously had agreed to withhold action and development pending the completion of a planning study. Minutes of the City Council June 15, 1970 New Business Cant'd. Mayor Noel said that he could not agree more with these comments. Mr. R. D. Koenitzer, l0060 Phar Lap Drive; commented that traffic on Stevens Creek Boulevard westerly of the college was bad now and the ad- ditional traffic would make it intolerable. He said the City should insist on County participation in widening the street. Councilman Fitzgerald said this area was within the sphere of influence of Cupertino and if this is so, then the County had no business in hear- ing this application. He said he could not agree with the contents of the resolution which, in effect, turned control over to the County. Councilman Green said that this is contradictory to everything that had been discussed previously. There were no detail plans, no contour maps, no specific locations for the units. He said one reason for the crea- tion of a goals committee was to investigate and report on such zoning and planning matters. Mr. Yarborough offered the thought that the County would grant a Use Permit anyway, regardless of what action the City took. A Use Permit had been issued by the County for the cemetary and it could be consider- ed that this was only a continuation of that. The area in question is in a gully and not visible from the major areas of either Cupertino or Los Altos. The area is only a small part of the cemetary land and this makes it possible to keep the land open. The opponents of Westridge already have approved the plan for this development. Mrs. Herter, 22830 San Juan Road, said she thought the Council would have at least toured the area prior to any discussion. She said she was familar with that area which had been planned for the Westridge Commercial development. She spoke up for the developers in that they are all for open space and would keep the trees as the homes would be on terraces. She suggested that Maryknoll Road be widened and that the widening of Permanente Road for better ingress and egress to the fire stations would be proper. Councilman Green asked specifically what does the resolution do, to which Mayor Noel replied that it was an expression of Cupertino's feeling as to a guide for County action. He said, for some unknown reason, the County did not approach the City until last week. He also said that Cupertino needs control for the traffic situation and that it would be nice to have the additional water customers to bring in more revenue. Councilman Fitzgerald agreed with the Mayor's comments but said that Mr. Green's question had not been answered. He disagreed with the contents of the resolution and said he opposes it, or anything similar, when the particulars are not available. CC-48 page 13 audience comments comments by ¡Director of !Public Works audience ícomments I , I I I I I I I , ! Council discussion page 14 Res. 2008 adopted payment authorized to Fiscal Agent Use Permit to be abandoned Change Order #1 approved Pay Less release from off-site condition requested Minutes of the City Council June l5, 1970 CC-48 New Business Cont'd. Councilman Frolich said he was very disappointed with the County in ac- cepting this proposal. He reiterated that some overall plan must be developed and wondered why those who had been in favor of area planning suddenly had backed off and kept very quiet about this. He even offer- ed the possibility that this particular development did not in any way take away from the possibility that Westridge Commercial Center still would become a reality. Councilman Frolich then read a proposed amendment to the resolution on which discussion took place. It was moved by Councilman Frolich, seconded by Councilman Green that Resolution 2008 be adopted as amended by the portions read into the record. The Resolution was adopted with Councilmen Frolich, Green a~d Noel voting Aye and Councilman Fitzgerald voting No. 4. Finance Director Ryder requested authorization to draw appro- priate warrants for the signatures of the Treasurer and the City Clerk in payment of Bond Interest and Redemption requirements when these bills are received from the Fiscal Agent which would be prior to the next Council meeting. It was moved by Councilman Fitzgerald, seconded by Councilman Green and passed unanimously that authorization be granted as requested. 5. After a brief introduction and discussion by Councilman Green relative to complaints received on the situation involving a billiard par- lor at Portal Plaza, the Mayor requested the City Attorney to commence appropriate proceedings for the abandonment of the Use Permit issued to Tiffany Billiards. The commencement of these proceedings would be intro- duced at the next meeting. 6. As requested by the Director of Public Works it was moved by Councilman Fitzgerald, seconded by Councilman Frolich and passed unanimous- ly to approve Change Order No. 1 for Mary Avenue Extension, Stage I, for the rerouting and capping of the Homestead High School sprinkler system in the amount of $1,2l4.9l. 7. The Director of Public Work requested approval to release Pay Less et al from the condition to improve frontage and dedicate frontage adjacent to the Texaco station at Homestead and Saratoga-Sunnyvale Roads. He said when imposed this had been an off-site condition of the development and was not a standard one. Since then an impasse has resulted between the property owner and the Texaco people where the property owner refuses to allow any changes to the land which he owns and Texaco refuses to pay anything until a new lease is negotiated which the property owner is unwilling to do. Mayor Noel said he remembered this as having been approved originally on a 3-2 vote. He was in the minority then and still felt that you cannot ask for improvements on property not owned by the applicant. Minutes of the City Council June lS, 1970 New Business Cent'd. Councilman Green asked if and when this would be improved in the future to which Mr. Sisk said that it would be a condition of the Use Permit when alterations are made to the station. It was moved by Councilman Frolich, seconded by Councilman Fitzgerald and passed unanimously to release Pay Less et al from this condition as requested by the Director of Public Works. 8. It was moved by Councilman Frolich, seconded by Councilman Fitzgerald and passed unanimously to authorize the Director of Public Works to cooperate with the County of Santa Clara in a chip seal pro- gram for City streets. 9. It was moved by Councilman Fitzgerald, seconded by Councilman Green and passed unanimously that all items listed on the Consent Calendar of the Agenda be approved: (a) Resolution No. 1997: "A Resolution of the City Council of the City of Cupertino Accepting Dedi- cation of Real Property For Roadway Purposes from Estin H. Baker and Mary E. Baker." (b) Resolution No. 2004.: "A Resolution of the City Council of the City of Cupertino Accepting a Grant of Easement for Street Construction Pur- poses from the Cupertino Union School District." (c) Resolution No. 2005: "A Resolution of the City Council of the City of Cupertino Approving Final Plan for the Improvement of Frontage Along Mary Avenue Opposite Lubec Street; Authorizing the City Engineer to Sign the Final Plan; and Authori- zing Execution of Agreement in Connection Therewith." (d) Authorization for the staff to notify developers and bonding companies that bonds may be retired on the following projects: Tract No. 4245 (Watson): West Side of Saich Way at Stevens Creek Blvd. Tract No. 4430, Unit #3 (Oak Knoll Hills): East side of Ainsworth Dr., south of Hartman Dr. Cc-48 page 15 motion passed releasing Pay Less from condition street repair program approved Consent Calendar approved page 16 Patrol Service license approved H & 0 Budget approved new line autorized Mayor pro tern Frolich ! I I i Minutes of the City Council June l5, 1970 I I Report by City Staff CC-48 l. Approval was granted for the issuance of a Business License to Patrol Special Service on the motion of Councilman Frolich and the second of Councilman Fitzgerald which was passed unanimously. 2. As requested by the City Manager and on the motion by Councilman Fitzgerald which then was seconded by Councilman Frolich and passed un- animously, the Maintenance and Operation Budget for the Water Department was approved as recommended by the Water Commission. 3. The City Manager stated that it would be possible for the Water Department to borrow money from another fund temporarily for the construc- ¡ tion of a new pipeline along San Juan Road as discussed earlier in the meeting. He requested authorization to go to bid for this as soon as possible, which authorization was granted on the motion of Councilman Fitzgerald, second of Councilman Green which then was passed unanimously. 4. The City At torney said that, inasmuch as Mayor Stokes was out of the State on City business and that Vice Mayor Noel would be leaving the ; following day for an out-of-State trip, it was suggested that the Council appoint a Mayor pro tem until the return of either the Mayor or the Vice Mayor. ,It was moved by Councilman Green, seconded by Councilman Fitzgerald that ¡Councilman Frolich be designated as Mayor pro tern pending the return of the Mayor or Vice Mayor. The motion was passed unanimously. 5. City Manager Storm reviewed the situation which had resulted in the overturn of the legislation requiring disclosure of assets which had been enacted last year. He said the initiative for this overturn had come from the City of Carmel and, at the suggestion of the League of California assistance Cities that all cities offer financial assistance, it was his suggestion requested that Cupertino pay Carmel $200. He said that this amount of money was a for small amount for recognition of their efforts. Carmel discussion Councilman Frolich said that if this was only for the relief of individual persons or staff members - that was one thing. This, however, was ex- tremely bad legislation and did not do what had been intended. Because of this, it was bad for all cities and he thought this would be a legitimate City expense. Mayor Noel said he could not agree with the recommended payment and that the City of Carmel did not request it and that he felt that this was an unwarranted use of City funds at this time. Councilman Fitzgerald agreed with Mayor Noel. assist that City but it was his opinion to do open to adverse criticism. He theq asked the He said he would like to so would leave the Council opinion of the City Attorney Minutes of the City Council June 15, 1970 CC-48 page l7 Report of Officers Canttd. as to the legality of making such a paJ~ent. The City Attorney said that Carmel was acting on its own volition but that because it was a municipal matter it could be argued that they are an agent for all League of California Cities. He said that a City cannot give away public funds but it could contribute funds for public purposes. opinion by City Attorney Mayor Noel said this could be viewed in two different ways. He suggested why did not the City of Cupertino obtain money from other cities now to offset the expenses involved in the recent lawsuit to do \.Jith landscaping? He said no doubt all other cities wou]d benefit from this litigation by Cupertino - entered into on its own and did not ask for assistance. It was sum of Ayes: Noes: Absent: moved by Councilman Green, seconded by Councilman Frolich that the $200 be paid to the City of Carmel as suggested by the City Manager. Councilmen Frolich, Green Councilmen Fitzgerald, Noel tie vote Mayor Stokes Mayor Noel said that in view of the tie vote the matter would be held over to the following regularly scheduled Council meeting. matter continued Adjournment It was moved by Councilman Fitzgerald" seconded by Councilman Frolich and so declared by Mayor Noel that the meeting be adjourned until 8:00 P. M. June 22, 1970 in the Conference Room of the City Hall. Adjournment was at ll:l5 P. M. . APPROVED: ATTEST: ,,,~f2