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