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CC 06-01-70 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 1, 1970 IN THE COUNCIL CHAMBERS, CITY HALL, CUPERTINO, CALIFORNIA Mayor Stokes 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, Mayor Stokes. Staff present: City Manager Storm, City Attorney Anderson, ¡ City Clerk-Finance Director Ryder, Director of Public Works Yarborough) Director of Planning Sisk, Chief Building Inspector Benevich, Director! of Parks and Recreation Parham, Assistant Planner Cowan. Minutes of Previous Meetings CC-47 roll call On individual motions by Councilman Noel and individual seconds by Councilman Green, it was passed unanimously that the City Council minutes of the regular meeting of May l8, 1970 and the City Council minutes of I minutes the adjourned regular meeting of May 25, 1970 be approved as submitted. approved Communications There were no written or oral communications for presentation to the Council. Reports from Council Representatives Mayor Stokes reported that the Transportation Policy Committee's Sub- committee on Goals, Powers and Finances had submitted a report the pre- ceding Wednesday which report and proposal would be voted on at the next meeting scheduled for June lO, 1970. The Mayor said he would inform the Council on the results of that action when it is taken. Councilman Fitzgerald reported on the Planning Policy Committee's re- I commendation relating to the dropping from consideration certain propos- , ed sites for airports within the County. He said this decision was not unanimous in that a minority report also had been submitted. I There were no meetings of other organizations on which members of the \ Council represented the City and, consequently, no reports to be given Planning Commission Application Il-TM-70 from Measurex Corporation for a Tentative Map on approximately 17.77 acres in Light Industrial (ML) Zone located north of McClellan Road between Imperial Avenue and Bubb Road, adjacent to and west of the Southern Pacific Railroad. Recommended for approval by the Planning Commission on May 25, 1970. Council representatives report ll-TM-70 legend page 2 presentation comments by applicant comments by Director of Public Works Minutes of the City Council June 1, 1970 CC-47 ' Planning Commission Cont'd. - ll-TM-70 This application was presented by the Planning Director who pointed out for the Council the question relating to the street pattern for Bubb Road and Imperial Avenue which had been a matter for discussion before the Planning Commission. He said that Condition No. 21 required the off-site-improvement of Bubb Road and Imperial Avenue but that this was being objected to by the ap- plicant. He said the Council previously had considered this area in an earlier application and that, generally, the conditions are the same now as they were then with the exception that the previous Condition 17 made no provision for other than a masonry wall and that the present Condition No. 20 provides the flexibility of having a wall or other barrier. Mr. Mike Splits tone said he represented the applicant in this matter and agreed that the City would benefit from the extension of these streets. His objection to the connection north for Imperial Avenue was that it would require the obtaining of three existing buildings. It was his contention that an assessment district proceeding was the only logical way of putting in these improvements and when this occurred Measurex would be willing to join in. He suggested the possibility of a temporary access and not a full scale completed roadway until such time as the other properties were developed. Mr. David Bossen, President of the Corporation, briefly reviewed his operations. These are for computer control systems which require a large nlrmber of square feet per employee - about double that of other electronic firms. Two·-thirds of the facilities would be in offices and one-third in manufacturing. He said the site location was excel- lent but that this one condition for street improvements placed quite a heavy financial burden on the corporation. Mr. Sisk said that at the Planning Commission hearings it had been mentioned that 900 employees would be involved in these operations which would cree te some consideration for traffic control. Director of Public Works Yarborough said that the previous permit al- lowed the deferment of such improvements until that time when two- thirds of the lots had been developed. It was his feeling that the condition still should be considered. The radius is designed for 25 miles per hour but the alignment could be changed to accomplish the same result. He said that a 74 foot curb-to-curb street was necessary but he did not know if this continuance was possible through the built-up area. In answer to Councilman Noel's question Mr. Sisk said that Condition 21 did permit the Director of Public Works to approve something less. Mr. Yarborough replied to Councilman Noel that a tentative schedule for an assessment district probably would be after one-half of the pro- perty on Imperial Avenue had been obligated which could mean a minimum of five to ten years. Minutes of the City Council June 1, 1970 Planning Commission Cont'd. - Application ll-TM-70 Councilman Fitzgerald made the point that the buildings suggested to be taken were rather new and substantial and that this could entail possible expensive condemnation proceedings. He said he would like to see some alternative to this problem. He suggested the possibili- ty of a 900 turn from Imperial Avenue instead of a curve saying that many of the users probably would be using either Bubb Road or McClellan Road. Councilman Frolich asked when all three parcels would be in use or developed and was told by the applicant that it depended on business but their schedule called for a three to five year period. Councilman Green inquired and was told that the 900 employee figure was for the end of a a five-year period and that there would be approxi- mately 150 employees initially. Mayor Stokes expressed his concern on the evential improvement of Imperial Avenue but said he could find no justification for a 74 foot I right-of-way. lie inquired as to what was to the immediate west of this property and was told it was open at the time. He offered the suggestion for the extension of Imperial Avenue off Bubb Road along the boundary of Parcels 1 and 2 rather than creating a Parcel 3. Mr. I Yarborough commented that the present plan was to preserve the resi- dential aspects of Old Monta Vista. Mr. Sisk said that the disposition of the small lot left over still was under discussion and a report would be submitted in the future. Mr. Yarborough pointed out that each of the three parcels would have a separate development agreement as requested by the applicant. He then told Councilman Fitzgerald that the alignment, the 74 foot width and the 25 mile per hour design was not absolutely necessary but was preferable for individual parcel operations. These could be modified to accomplish the same thing but he had not discussed the possibility with the applicant. Councilman Noel wondered if discussions at this time for the develop- ment of Imperial Avenue were premature in that this involved County area. He said annexation was possible sometime in the future and certainly desirable for the City of Cupertino but he did not like the implication that Cupertino was using forceful tactics. He said the existing Imperial Avenue was one of the better developed streets in the area. Mayor Stokes replied that it was never premature to plan and that is all that was being discussed. This property was within the Cupertino Planning Area and the Council had to decide what was best for the en- tire area. Councilman Green commented that if no other alternative was available and that the road was going to have to go through off-site property it would be better planning to acquire these buildings now. CC-47 page 3 comments of Mayor Council discussion page 4 ll-TM-70 approved with conditions 465-HC-70 legend 465-HC-70 continued Minutes of the City Council June 1, 1970 CC-47 Application ll-TM-70 Cont'd. Councilman Fitzgerald asked why the Council could not approve the Tenta- tive Map with Condition No. 21 being eliminated and to consider that at the time when the other parcels would be developed. He said in the mean- time the City could look for a suitable alternative. Mayor Stokes thought the point was well taken but that all of Condition 21 could not be eliminated due to the inclusion of reference to Bubb Road. Councilman Frolich agreed that there was not much point in requlrlng the complete extension of Imperial Avenue as a condition for the development of Parcell. He suggested that the ultimate decision for this be at- tached as a provision of this particular Tentative Map because the City would not have near the leverage when parcels 2 and 3 come in as it does now. He said the applicant should be required to extend Imperial Avenue to the northern boundary by the time Parcels 2 and 3 are developed and to acquire the rights to and improve the temporary 40 foot section and leave it up to the City to find a way out of the rest of it when it was felt necessary. Mayor Stokes said he liked this suggestion but that the width of the street should be omitted until such time as it would be known. A motion was made by Councilman Frolich to approve Application Il-TM-70 according to the conditions recommended by Planning Commission Resolution No. 771 with Condition 21 modified to indicate the improvement of Imperial Avenue to northerly of Parcell would be deferred until such time as Par- cels 2 and 3 would be developed and, likewise, the connection out to the existing Imperial Avenue north of Olive Avenue would be resolved bet- ween the developer and the City at that time. The motion was seconded by Councilman Fitzgerald and passed unanimously. Application 465-HC-70 from Ehrlich, Heft & Rominger, 2470 El Camino Real, Palo Alto, requesting approval to construct an industrial building to be located , on the property included in Application ll-TM-70. Recommended for approval by the Architectural and Site Approval Committee on May 13, 1970 and con- tinued to this agenda from the City Council meeting of May 18, 1970. Mr. David Bossen, President of the Corporation, presented the applica- tion but said that through some oversight the architect was not present for this meeting. Becauseof this inability to answer certain techni- cal questions Mayor Stokes continued this application to the next City Council meeting with the instructions that it be placed as the first item under the reports of Architectural and Site Approval Committee. Minutes of the City Council June l, 1970 Architectural and Site Approval COlnmittee Application 366-HC-68 from Ad Art, Inc., 1607 Terminal Street, San Jose, requesting approval to erect a 24' x 8' ground sign for Information Storage Systems located at 10435 N. Tantau Avenue. Recommended for approval on May 27, 1970. When it was determined that no questions were raised on this applica- tion,it was moved by Councilman Noel, seconded by Councilman Green and passed unanimously that Application 366-HC-68 be approved as re- commended. Application 432-HC-69 from Vallco Park requesting approval to erect a ground sign for the two-story multi-tenant building located at 10300 N. Tantau Avenue. Recommended for approval on May 27, 1970. Mr. Joseph Wucher of Val1co Park presented the application and locat- ed the site as being near the intersection of Freeway 280 and Tantau Avenue. He said the height of the sign would be a total of 10 feet. This was required for it to be visible when crossing the Freeway on Tantau. A ground sign would be lost to sight and the exit bypassed unnoticed. The lettering of the individual tenants would be on one side of the sign until such time as the overcrossing was completed. It was moved by Councilman Frolich, seconded by Councilman Fitzgerald and passed unanimously that Application 432-HC-69 be approved as re- commended. Application 466-HC-70 from Loyal Order of Moose, Lodge No. 2049, 22250 Homestead Road, requesting approval to make additions to an existing building and for approval of landscaping plans. Recommended for approval on May 27, 1970. The application and drawing as submitted was presented by Chief Building Inspector Benevich. Councilman Green expressed his concern as to the type of fence and said that the City Council had indicated its preference for a mason- ry wall after homeowners in the area had complained during the pub- lic hearings on rezoning. Mr. Sisk said that the Planning Commission had discussed this ques- tion but it was not part of the conditions, it béing left up to the Architectural and Site Approval Committee's decision. Mayor Stokes said the City Council could make this a condition and that the applicant had said he would be willing to put up whatever was wanted. cc-47 page 5 366-HC-68 legend 366-HC-68 approved 432-HC-69 legend presentation 432-HC-69 approved 466-HC-70 legend presentation page 6 comments of Chairman Small comments by ò!ayor 466-HC-70 eontinued 467-HC-70 legend 467-HC-70 approved 468-HC-70 legend 468-HC-70 approved Minutes of the City Council June 1, 1970 CC-47 Application 466-HC-70 Cont'd. Mayor Stokes requested Architectural and Site Approval Committee Chair- man Small to make a statement, inasmuch as he had made certain comments i during the hearing before his Committee. Mr. Small said it was his feeling the applicant should be given special consideration in that it was a lodge operating on a small budget, the location could barely be seen from Homestead Road and that it already had natural existing plant- ings and existing underground wiring to be used for low mushroom type night light. He had asked that some lawn be put in and said that most of the landscaping improvements would be done through volunteer labor. In answer to Mayor Stokes' question as to what additions to the build- ing were being contemplated, Chairman Small said that this had been deleted from the Committee's approval. Mayor Stokes disagreed with Chairman Small's statements that special consideration should be given. It was his position that the opposite should be applied due to the strenuous opposition among the neighbor- ing residents. He pointed out that the Use Permit has conditions limiting time of operation and other restrictive factors. The map, or drawing, as submitted was inferior and incomplete. It was his conten- tion that members of the Committee were not sure of what was being ap- proved and he cautioned both the Chairman of the Committee and the Chief Building Inspector that the Council would not accept applications such as this. It was moved by Councilman Fitzgerald, seconded by Councilman Noel and passed unanimously that this application be continued to the next meet- ing with the applicant suhnitting a completely different set of plans. Application 467-HC-70 from Monta Vista Ready Mix, 21705 Stevens Creek Boulevard, requesting approval of landscaping plans. Recommended for approval on May 27, 1970. It was moved by Councilman Noel, seconded by Councilman Fitzgerald and passed ananimously that this application be considered at the time the public hearing is held on the Use Permit and Rezoning of the subject property. Application 468-HC-70 from R. J. Mitchell, lOl35 S. Saratoga-Sunnyvale Road, requesting approval to install a 3' x 6'8" roof sign for Bob's Travel Agency at that address. Recommended for approval on May 27, 1970. There being no questions it was moved by Councilman Frolich, seconded by Councilman Green and passed unanimously that Application 468-HC-70 be approved as recommended. Minutes of the City Council June 1, 1970 Parks and Recreation Commission The minutes of the Parks and Recreation Commission meeting of May 25, 1970 were accepted and filed. Mayor Stokes requested ings for the Community June 8, 1970. that the Architect Center Building at I submit his preliminary draw-i the City Council meeting of i Public Hearings Appeal of Salvatore Marchese requesting reversal of the denial by the Planning Commission on April 27, 1970 of Application 2-TM-70 for a Tentative Map on approximately 1.4 acres located westerly of and adjacent to Mount Crest Drive. At the request of the applicant and on advice of the City Attorney it was declared by the Mayor that this appeal be removed from the agenda which action automatically affirms the denial by the Planning Commis- sion. Applications 8-Z-70 and 9-U-70 from Ron Rifredi re- questing reclassification of approximately .58 acre from Single-family Residential (RI-IO) Zone to Light Industrial (ML) Zone, located west of and adjacent to Southern Pacific Railroad and approximately 200 feet north of Stevens Creek Boulevard. (Ordinance No. 462 under Agenda Item 23). Application 9-U-70 to replace a nonconforming use for retail sales of rock and concrete. Approved by the Planning Commission May 7, 1970. Planning Director Sisk presented the Applications pointing out the site location, the existing nonconforming use, the existing and pro- posed developments and the explanation that the entire subject area was being used for building materials and sales of ready-mix concrete. He told of the requested change in on-site developments and of his suggestion to the applicant that the matter be clarified with a new Use Permit application. The applicant had complied. Mr. Ron Rose, an attorney for the applicant, said he had nothing more to add on the zoning matter and reiterated that even though some question had been raised as to whether or not a Use Permit appli- cation was required, the applicant had agreed to clarify the situa- tion and filed appropriate applications. In response to a comment from Mr. Sisk, Mr. Rose said that spillage of concrete from the trailers should have been stopped with the placement of lips on the rear of these trailers. Mr. Martin Jacobsen, Shannon Court, Cupertino, received clarification that the Use Permit application was being considered along with the application for rezoning and the application for Architectural and Site Approval. cc-47 page 7 preliminary sketches requested 2-TM-70 appeal 2-TM-70 removed from agenda 8-Z-70 9-U-70 legend presentation remarks by attorney for applicant page 8 Minutes of the City Council June l, 1970 CC-47 Public Hearings Cont'd.- 8-2-70, 9-U-70 Mrs. Anne Anger of Monta Vista said she would save what comments she had for the discussion on the Architectural and Site Approval Application. public hearing closed It was moved by Councilman Noel, seconded by Councilman Fitzgerald and passed unanimously that the public hearing be closed. Councilman Frolich stated that he had used this facility in the past and said the community needed an operation such as this. He thought that the conditions to be imposed were proper and that the landscaping would enhance the property. He thought this series of applications would permit the City to police the area in a better fashion than had been been done. 'tvri t ten protest filed Mayor Stokes requested that the record reflect a letter he had received from Mr. Sal R. Perez, 10068 Adriana Avenue, Cupertino, who had written in protest to this application. 8-2-70 approved It was moved by Councilman Noel, seconded by Councilman Frolich and passed unanimously that Application 8-Z-70 be approved as recommended by the Planning Commission and that the Mayor's reading by title only of Ordinance No. 462 constitute the first reading. It was moved by Councilman Noel, seconded by Councilman Frolich andpassai unanimously that Application 9-U-70 be approved as recommended. 467-HC-70 Mayor Stokes then called for discussion on Application 467-HC-70 as ap- proved by the Council earlier in the meeting. --- discussion The application was presented by Chief Building Inspector Benevich who pointed out that there would be a raised planter at the entrance way within which junipers would be located 4 feet on center. Monterey presentation pines, planted 20 feet apart would line the western and eastern boun- daries of the property. He replied to Mayor Stokes' question that the fence would be of wood. Mr. Sisk explained that masonry was not re- quired and that the ordinance does not so require. When Mr. Benevich mentioned that the Monterey pines would be of five- gallon size, Mayor Stokes said that such a description wasn't suf- ficient. Height of trees or the diameter of tree trunks was much more important than gallonage. He repeated Councilman Frolich's comments that it is quite easy to place a one-gallon tree in a five-gallon can and call it the latter. Mayor Stokes then requested that the Architec- tural and Site Approval Committee further define tree sizes in their recommended approvals. Councilman Green said he did not care for the cyclone fence as propos- ed in that such a fence would not block the vie", of what business activity took place within the area. He said the existing fence was in a very dilapidated condition. Minutes of the City Council June 1, 1970 Public Hearings Cont'd. - 467-HC-70 Mr. Rose said that the existing wood fence would be replaced, not re- paired. He thought that the combination of trees and the cyclone fence would provide adequate screening. Councilman Green thought that much could be done to improve the area and that a cyclone fence does not contribute to the aesthetics that would be wanted for this area. He could not agree that the trees would grow sufficiently in a two-yeat period to screen effectively that which should not be seen. Mayor Stokes asked if the existing bins were to be relocated so that nothing would be to the rear of the neighboring houses to which Mr. Benevich replied in the affirmative. Mr. Rose then requested that the Council agree to a stay for the planting of the trees until after the bins had been moved. Councilman Noel said that the City had placed considerable restric- tions on the development of West Valley Industrial Park and had im- posed stringent landscaping conditions. The same was also true for the Ditz-Crane properties. It was his feeling that this type of an operation was not exactly pleasing to the eye to begin with and that a half wooden and half cyclone fence did not help matters. He agreed with Councilman Green's position and suggested the possibili- ty that a grape stake fence be constructed. Councilman Frolich asked what was being planned for the rear of the property to which Mr. Rose said, nothing. No operations were being conducted there and the fence was for safety purposes only in keep- ing out trespassers. Councilman Fitzgerald disagreed and said that anyone can see the entire operation on leaving this residential area. Mrs. Anger addressed the Council saying that there was not much more she could add to what already had been said by the Council. She reviewed the street patterns of this particular area and said that when Alhambra Avenue had been planned for closing, requiring exiting to be on Peninsular Avenue, she had thought a better view than a cyclone fence would be available. She pointed out that trees take time to mature. Councilman Noel agreed with the point taken but wished to have it ex- pressed differently in that the first sight of Cupertino anyone would get when exiting from the freeway would be that of a rockery plant. Councilman Green suggested replacement of the entire fence line with a solid fence. A short discussion ensued on the method of watering and it was then the consensus of the Council that the watering of the trees would be CC-47 page 9 Council discussion comments from resident page 10 statements by Director of Public Works motion 467-HC-70 approved Ord. 458 legend Ord. 458 Minutes of the City Council June 1, 1970 CC-47 Public Hearings Cont'd. - 467-HC-70 better from the suggested water wagon on the properly rather than from a sprinkler system. Mr. Sisk brought up the issue of the Planning Commission discussion as to dedication of right-of-way on Stevens Creek Boulevard. This was not a condition of the Use Permit. The l2 Standard Conditions would re- quire dedication and improvement and Mr. Sisk said that he would like some indication from the Council as to their specific approvals in this area. Mr. Yarborough stated that this matter was further complicated by the Architectural and Site Approval Committee requirements for driveway entrances. He said he personally disagreed with the Planning Commission stand and that the dedications were requested by the staff. He said that these would not be expensive and that the dedications would be re- quired for future street improvements. The question of width would be resolved on the south side of the street and that the alignment on the north side would not vary 6 inches. llr. Rose said his client's position on this was simple. The applicant is only a lessee and cannot comply with the request. Councilman Noel remarked that in view of the spur coming off the freeway and the first right turn and view of the City he made a motion to re- quire the applicant to install a redwood fence the entire length of the property together with the appropriate landscaping as shown on the application. The motion for approval was seconded by Councilman Frolich and passed unanimously. Mayor Stokes then clarified for the record and ! that by the forego.ing actions the City Council I of right-of-way on Stevens Creek Boulevard and I any questions in this regard to the staff. I Ordinances I I I I I I the applicant's attorney did require dedications advised Mr. Rose to take Second reading of Ordinance No. 458: "An Ordinance of the City of Cupertino Amending Section 1 of Ordinance 2 by Reclassifying a Certain Portion of the City of Cupertino from Multiple Residential (R3-2.2), Single- family Residential (Rl-7.5) and General Commercial (CG) Zone to Multiple Residential Cluster 2200 S~uare Feet per Dwelling Unit (R3-2.2) Zone; Approximately 37.666 Acres Located Southwest Corner of Homestead Road and Blaney Avenue." It was moved by Councilman Fitzgerald, seconded by Councilman Frolich and passed unanimously that Ordinance 458 be read by title only and that the Mayor's reading constitute the second reading. Minutes of the City Council June 1, 1970 Ordinance No. 458 Cont'd. It was moved by Councilman Fitzgerald, seconded by Councilman Fro1ich that Ordinance 458 be enacted. Ayes: Councilmen Fitzgerald, Frolich,Noel, Mayor Stokes Noes: Councilman Green Absent: None Ordinance No. 462: "An Ordinance of the City of Cupertino Amending Section 1 of Ordinance 2 by Reclassifying a Cer- tain Portion of the City of Cupertino from Single-family Residential (Rl-lO) Zone to Light Industrial (ML) Zone; Approximately .58 Acres Located West of and Adjacent to Southern Pacific Railroad and Approximately 200 Feet North of Stevens Creek Boulevard." First Reading. Approval of the first reading of this ordinance had been disposed of previously. Urgency Reading of Ordinance No. 463: "An Ordinance of The City of Cupertino Designating Through Streets Re- quiring Arterial Stops at Intersections Therewith." City Clerk Ryder read Ordinance No. 463 in full, it being an urgency ordinance. It was moved by Councilman Fitzgerald, seconded by Councilman Noel that Ordinance No. 463 be enacted as an urgency ordinance. Ayes: Councilmen Fitzgerald, Frolich, Green, Noel, Mayor Stokes Noes: None Absent: None The Mayor called for a short recess at 10:12 P.M. The meeting reconvened at 10:28 P.M. Resolutions No. 1989: "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 Herein- after Described." It was moved by Councilman Noel, seconded by Councilman Frolich and approved that Resolution 1989 be adopted. Ayes: Councilmen Fitzgerald, Frolich, Green, Noel, Mayor Stokes Noes: None Absent: None No. 1990: "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 Herin- after Described." CC-47 page 11 Ord.458 enacted Ord.462 Ord. 463 enacted Res. 1989 adopted Res. 1990 page 12 Res. 1990 Adopted Res. 1991 adopted Res. 1998 adopted continued to June 15 continued Minutes of the City Council June 1, 1970 CC-47 Resolution 1990'Cont'd. It was moved by Councilman Noel, seconded by Councilman Frolich that Resolutions 1990 be adopted. .. :1'10. 1991: "A Resolution of the City Council of the City of Cupertino Making its Order Describing the Boundaries Designated as 'Mary 69-l6' to be Annexed to the City Without Public Hearing as Provided by Law. It It was moved by Councilmap Noel, seconded by Councilman Frolich that Resolution 1991 be adopted. No. 1998: "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 Herein- after Described for General and Miscellaneous Ex- penditures." It was moved by Councilman Noel, seconded by Councilman Frolich that Resolution 1998 be adopted. Unfinished Business 1. Report of Planning Director on and selection by Council of date or dates for joint meeting for presentation by County staff of report on housing situation for 1969. At the request of Mr. Sisk the Mayor authorized the continuance of this item to the agenda of June l5, 1970. 2. Report by City Manager on availability of information relative to request by Mayor of Palo Alto on Cupertino interest in participating in the acquisition and develop- ment of a proposed Open Range Park Program in the Palo Alto Foothills. City Manager Storm said that the Mayor of Palo Alto had informed him that a map would be presented when it had been completed. Mayor Stokes requested that this item be continued on the agenda. 3. Disposition of appraiser's report on the Horse Ranch and Damico properties and discussion on the City's interest and intent toward these properties. City Manager Storm said that pursuant to the Council's instructions he had requested the appraiser to prepare additional reports for the property owners and to update the statistics. It was his understand- ing these would be ready within two days. Councilman Fitzgerald suggested that the matter be continued to the next meeting in that the owners should have the benefit of the ap- praisal. Minutes of the City Council June l, 1970 Unfinished Business cont'd. Mayor Stokes said that he could not be here for the next meeting. He wanted to participate in the discussions but he knew the City could not afford to waste a month's time. Councilman Noel agreed, saying that it could not be helped how the owners received the appraiser's reports and that the City must pro- ceed with its plans now. Mayor Stokes said that everyone knew his position on this - that he wanted to acquire the property. Acquisition could be by Bond Issue only and it was his recommendation that it be placed on the November ballot. Such a proposition should be for acquisition only without developments and that existing lands should receive first priority for development. He said there were many interim uses that could be made of this property if it was to be acquired. Councilman Green asked what buildings could be used for what recrea- tional purposes. Parks and Recreation Director Parham said that several uses could be made including housing for meetings of any and all clubs. The Radio Club could be housed in a permanent location. The Horse Ranch could be used as such; the garage could be made available for a mechanical program. I I I I Mayor Stokes offered that there had been differing thoughts on the use! of the winery but he wanted to emphasize that it would not be used un-¡ less and until it was in compliance with all building codes. He said I that use was not the main question as of now. What needed to be done first was to determine the desires for acquisition and if these were strong enough then to proceed with a bond issue proposal. He said there were many numerous thoughts on inexpensive activities for this I area including the possibility of a children's zoo of domestic animalt. Mayor Stokes requested Mr. Parham to review opportunities and to file immediately for any grants that could be obtained. He said that be- cause grants were being given different priorities elsewhere was no reason not to file them immediately as it was certain nothing could be obtained if application was not made. Councilman Frolich questioned whether it was the Mayor's intention to include other capital improvements on a proposed bond issue and, if so, would they be separate or inclusive in one item. Mayor Stokes replied that this would be a Council decision. He said Mr. Parham favored one proposal but that he, Mayor Stokes, disagreed. The Mayor then called for an adjourned meeting to be held June 22, 1970 at which time the Council would review proposed salary resolu- tions for the coming fiscal year and hold a discussion on the proposed ballot for the November election. He said that all staff requests for CC-47 page 13 Mayor's comments comments by Director Parham further comments by Mayor adjourned meeting set for June 22 page 14 Mayor's comments Committee on Research of Police Services Citizens' Goals Co~~ittee established further comments by the Mayor Minutes of the City Council June 1, 1970 CC-47 Unfinished Business Cont'd. bond issue items should be submitted prior to that time. New Business 1. Establishment of Council programs and projects; creation of Council subcommittee pertaining thereto; and develop- ment of procedures and guidelines for reviewing and re- porting. Mayor Stokes said that this agenda item had come about as a result of comments made by him at the last adjourned meeting. It was inappro- priate for the Council to act as a committee of the whole in research- ing and studying the many items requiring detailed attention. He said the work load and importance of these matters was too great for only a cursory involvement. It has been his recommendation that the City Council make use of subcommittees to alleviate this problem. }!ayor Stokes then appointed Councilman Fitzgerald as the Chairman of the Committee on Research of Police Services and Facilities, to work with Councilman Frolich and to report back to the Council as soon as conveniently possible on the question of law enforcement in the City of Cupertino. The Mayor said that this subcommittee is charged with the responsibi- lity of coordinating this work with the City Manager and with any other interested citizens. Any and all Councilmen are welcome to attend the meetings of this subcommittee. The Mayor then proposed to the Council the creation of a Cupertino Citizens Goals Committee which, when no opposition was received, was so declared by the Mayor. The responsibility of this Committee will be to establish, formulate and recommend a set of goals or general objectives with which to guide the future development of the City. The Mayor said that there were new areas this Committee could go into such as planning, education, housing, social development, economic development, parks and recrea- tion programs, and even the City government, as well as pollution, transportation, etc. Mayor Stokes then said that this Committee would be composed initial- ly of members selected by the following process: One member by each Councilman; one nominated by the Chamber of Commerce; one by the Monta Vista Homeowners' Association; one from each of the school dis- tricts; one from each of the service clubs who wish to participate; and one from the conservationist or preservationist groups. The Mayor said that the City staff is to send out invitations to these organizations immediately with nominations to be submitted to Planning Director Sisk prior to the next Council meeting. At the Council meet- ing of June 15, 1970 the basic committee would be established and it would be up to these people to set up and organize programs for pos- sible expansion and to begin an outline on its areas of study. Minutes of the City Council June 1, 1970 New Business Cont'd. Mayor Stokes emphasized that this organization would be a basic commit- tee and that many other groups, such as homeowners' organizations, wouldl want representation. He said that Planning Director Sisk, or his de- signated alternate, would represent the City officially. The City would provide needed secretarial services and would stand the cost of those expenses having received prior approval of the Council. He also said that this committee was being activated with no time limit being set. In answer to Councilman Fitzgerald's question, Mayor Stokes said that the difference between this group and the previous Congress for Community Progress would be one of results and officially sanctioned by the City~ It was his belief that there were numerous people with the interest I and desire to see this project through. He noted that at the last , series of interviews and appointments to the Planning Commission that the group of applicants were as fine a group as any who had ever ap- peared before the Council. 2. Request for patrol service in Cupertino from Mark II Service to operate a security service. City Manager Storm said that this organization had been checked the Sheriff and had recommended that it be permitted to operate the City. Such an operation would be nonexclusive. out by, within It was moved by Councilman Noel, seconded by Councilman Fitzgerald and passed unanimously that the Mark II Security Service be authorized to operate within the City limits as a private patrol service. Consent Calendar Councilman Frolich said that at the request of the Director of Public Works ~ would recommend that Item (f) be removed from the Consent Calendar for technical reasons and that this item be replaced on the agenda for the next Council meeting. It was moved by Councilman Noel, seconded by Councilman Fitzgerald and passed unanimously that all items on the Consent Calendar, with the exception of Item (f) be approved. Report of Officers . -~. Mayor Stokes said that he had received a communication on a current bill in the State Legislature purporting to provide for the sale of surplus State lands at half price to municipalities for park and open space purposes. He requested that the City Manager check on the status of the bill and to report back at the next meeting. I City Attorney Anderson reported that no action had yet been taken on the request submitted to the Attorney General for entering into a suit to overturn an annexation. He said there were no other cases against the cc-47 page 15 Mayor continues Council approves patrol service Consent Calendar approved with exception Mayor requests report page 16 report re- quested on landscaping at Straw Hat Pizza vandalism at Hilson Park Cocrnc:il discussion Minutes of the City Council June l, 1970 CC-47 Report of Officers Cont'd. City on file. Report of City Councilmen Councilman Frolich inquired as to what had happened to permit the lack of landscaping around the Strm" Hat Pizza establishment. City } anager Storm said that this item had been overlooked when the applications had been processed. Hayor Stokes instructed Chief Building Inspector Benevich to review the case history and to report back at the next meeting. Councilman Green inquired of Parks and Recreation Director Parham on the specifics of a reported case of vandalism at Hilson Park which pur- portedly involved the taking of preventative action by neighboring residents. }fr. Parham said that the total damage to three trees and a light pole amounted to approximately $l50. Arrangements were being made to bill the suspects. The suspects were aged 23, 26 and a minor and had been held at gunpoint awaiting the arrival of the sheriff. Mr. Parham then said that this particular park had maximum supervision at this time until 10:00 P.M. six days a week and until 9:00 P.M. on Sunday nights. It was Councilman Green's concern that every effort be made to rectify what is a bad situation, particularly in view of a requested bond I issue in the near future. Councilman Fitzgerald asked what the supervision was in that he knew of youngsters who were scared to go to the park after supper due to the presence of older teenagers. Mr. Parham replied that there was I always one and sometimes two recreation leaders at the park. } ayor Stokes said that with the coming of SUIT~er the City could expect in- crease in the problems to be encountered and asked Mr. Parham to keep the Council fully aware of the situation at all times. Adjournment There being no further business and on the motion of Councilman Noel and second of Councilman Fitzgerald, the } ayor declared the meeting adjourned at 11:16 P.M. ATTEST: ~ City Clerk