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CC 08-05-68 CITY OF CUPERTINO, State of California 10300 Torre Avenue, Cupertino, California 95014 Phone: 252-4505 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL HELD AUGUST 5, 1968 IN THE COUNCIL CHAMBERS, CITY HALL, CUPERTINO, CALIFORNIA The meeting was called to order at 8:06 p.m. by Mayor Noel, who subsequently led the assemblage in the flag salute. Councilmen present: Beaven, Dempster, Fitzgerald, Stokes, Noel. Also present: City Attorney Anderson; City Clerk ~ Finance Director ~der; Director of Public Works Finney; City Engineer Boyd; Senior Planner Laurin; Assistant Planner Nuzum; Chief Building Inspector Benevich; Director of Parks and Recreation Parham; Recording Secretary Lucie M. Matzley. City Manager Storm was on vacation. Councilman Stokes moved, Councilman Fitzgerald seconded and it was passed unanimously that the minutes of the July 15, 1968 meeting be approved as printed. City Clerk Ryder advised the Councilmen that the following written communications had been received: 1. Letter from the Registrar of Voters, advising the City Council that the deadline for passing a resolution to combine any municipal election with the general election is September 6, 1968; 2. Letter from Lois R. Chetaud, appealing the Planning Commission's denial of Application 5-V-68; 3. Letter from the Division of Highways, advising the Council of their relinquishing the Mary Avenue portion used for the construction of the freeway back to the City of Cupertino; 4. Notice of Public Hearing of the County Planning Commission on the subject of changing the zoning for some unincorpo- rated land in the West Los Altos Hills-Monta Vista-Saratoga area; 5. Letter from the County Board of Supervisors, asking that all agencies work through the County Planning Commission for uses of Federal land so that the Master Plan may be developed properly; 6. Advice from the County Flood Control, confirming the appoint- ments nominated by the Council; 7. Letter from the County Board of Supervisors, requesting the City Council to adopt a resolution in connection with the routing of Junipero Serra Freeway; 8. Letter from the Cupertino Chamber of Commerce, requesting a warrant for the previously approved appropriation to that body; CC- 22 call to order flag salute roll call minutes approved written communi- cations page 2 written c01lllluni- cations continued public hearing scheduled matter referred cOlllllUnica- tions filed orals audience complaint misuse etated matter referred plaDDing represent- ation Minutes of the City Council August 5, 1968 CC- 22 Written Communications cont'd Letter from the California Water Service Company, advising that an amendment of a 2.711 increase to their original request had been filed to meet the 101 Federal surcharge tax; Letter from Gilbert E. Freitas, requesting a permit for operation of a card room at Blaney Avenue and Stevens Creek Boulevard; Statement from Senator Bergener, advising legislative bodies of the Senator's reasons for introducing legislation to permit legislative bodies to meet in executive session with their re- presentatives when dealing with employee organizations in personnel matters; Letter from the President of the Nat'onal League of Cities, advising the City Council of the 45th National Congress of Cities to be held December 5, 1968 in New Orleans. Councilman Stokes moved, Councilman Fitzgerald seconded' and it was passed unanimously that the Public Hearing for Application 5-V-68 be scheduled for August 19, 1968. 9. 10. ll. 12. Councilman Fitzgerald moved, Councilman Dempster seconded and it was passed unanimously to refer the matter of the request for a card room operation to the City Attorney. Councilman Dempster moved, Councilman Fitzgerald seconded and it was passed unanimously to file the balance of the written communications. Oral C01IIIIunications Mrs. F. Shields of 22437 St. Andrews, Cupertino, addressed the City Council stating that she was submitting a jar filled with dust taken off a small area which had accumulated within a short period of time in the area between Riverside and McClellan Roads. Mrs. Shields suggested that the Council pass an Ordinance in an attempt to eliminate the situation. Mrs. Juanita McLaren addressed the Councibrequesting that the misuse of streets in the Candy Rock development be halted and stated that a safety factor was involved as well as the obvious nuisance. Councilman Dempster moved, Councilman Fitzgerald seconded and it was passed unanimously that this matter be referred to the City Manager for appropriate action. Report of Commissions A. PlaDDing Commission Planning Commissioner Keith Irwin addressed the Council on behalf of PlaDDiU¡ C01IIIIission Chairman Frolich, stating that he would stand by to render assistance in discussing the actions taken during the Commission's meeting of July 22, 1968. Minutes of the City Council August 5, 1968 Planning Commission Report cont'd 1. Application 16-U-68: Sears Roebuck and Company; Use Permit for retail store and automotive service center within a Planned Development (P) zone. Mr. Robert Owens, representing the applicant, stated that he was requesting a Use Permit for the locations of the buildings and the parking arrangement. He emphasized that all matters had been dis- cussed at the Planning Commission and that landscaping plans would be submitted at a later time. Also, that the applicant had agreed to changing the originally proposed 8'6" parking stall widths to a dimension of 9' x 18', as requested by the Planning Commission. Councilman Dempster moved, Councilman Stokes seconded and it was passed unanimously to give minute order approval of Application 16-U-68. Commissioner Irwin cautioned that this application should not receiv blanket approval as the Planning Commission had not approved the parking stall widths. City Attorney Anderson stated that this matter need not be referred back to the Planning Commission as they had requested that the applicant bring back an amended map showing the changes of use in the area under discussion, which the applicant had done. Councilman Dempster moved, Councilman Fitzgerald seconded and it was passed unanimously tb"approve, by minute order, the amended map of Vallco Park as submitted by Mr. Walter Ward. After some additional discussion of the parking stall widths for the Sears development, Councilman Dempster moved that Application 16-U-68 which was previously approved stand amended to include the parking widths to be 9' x 18'. Councilman Stokes seconded. More discussion ensued on the subject and it was pointed out that this matter would be discussed further under matters to be brought before this Council at a later time on the agenda. Councilman Dempster withdrew his motion, Councilman Stokes withdrew his second, and the matter was ordered to be discussed i....~~,..,¡,,!""iM'2'·_.«"g, 2. Application 17-U-68: Watkins-Johnson Company; Use Permit for first phase of proposed development in Vallco Park. Mr. Walter Ward, General Manager of Vallco Park, presented the app- lication by the use of plot plans and renderings, explaining that this approval request was for the first phase of the Watkins- Johnson development within Vallco Park. Councilman Fitzgerald moved, Councilman Stokes seconded and it was passed unanimously to approve Application 17-U-68 as approved by Planning Commission Resolution No. 546. CC- 22 page 3 16- U-68 legend present- ation 16-U-68 approved reply to caution amended map approved motion for amendment motion with- drawn for later dis- cussion 17-U-68 legend present- ation 17- U-68 approved page 4 5- v- 68 deferred 16- '1»- 68 explanation 16-~ 68 approved 17-'1»-68 applications combined lack of alUlaxation cited legal opinion pointa clarified' 17-'1»-68 approved referral to h control Minutes of the City Council August 5, 1968 CC-22 Planning Commission Repørt cont'd 3. Public Hearing for Application 5-V-68 had previously been scheduled for the August 19, 1968 meeting. 4. Application l6-~68: A. R. Woolworth for a Tentative Map. Commissioner Irwin stated that this application was for the renewal of a previously approved Tentative Map. CO\1DIdiJ¡_SIrcIIIeao _. \, c,uncilman Fitzgerald seconded and it was pasaed, "".nimn".')I tha.t App.1.1cation 16-~68 be approved as approved b!j« Pb-,..,e-iss1on Resolution No. 542. SO' App~~,k¡'·~68: Ernest Bobson; for a Tentative Map. It was ascertained that this application was directly related to Application 3Sð-HC-68 under H Control mtDatws. Councilman Dempster moved, Councilman Sto~. seconded and it was passed unanimously that these two matters be combined and discussed at this time. Commissioner Irwin stated that this area had as yet not been annexed to the City, that the approval of the Tentative Map was subject to the annexation,and H Control had made their approval of the applic- ation contingent upon approval of the Tentative Map by the Planning Commiuion. City Attorney Anderson stated that he had been present at the meeting of the Planning Commission during which this application had been dis- cussed and that he had researched the Subdivision Map Act Section 11531, which provides that a tentative map may be filed and acted upon as though the land not yet annexed belonged to the City; however, that no final map may be approved prior to annexation. H Contro~ Chairman Small, whert asked to do so, stated that his Committee had operated under the same confusinø influences and had referred the matter to the County Planning Commission for clarification after having approved one building but not the other. Councilman Dempster moved, 'Councilman Fitzgerald seconded and it was passed unanimously thet only the Tentative Map portion of Application 17-'1»-68 be approved, incorporatinø the recommendations as submitted by the Planning Commission relative to the parking stalls. Councilman Dempster moved, Councilman Fitzgerald seconded and it was passed unanimously that Application 353-HC-68 be referred back to the Architecture and Site Control Committee. Minutes of the City Council August 5, 1968 B. Architecture and Site Control Committee Councilman Stokes wondered about H Control's 12 Standard Conditions and their applicability to the items as listed on the agenda and approved by that body under date of July 24, 1968. He was advised by Chairman Small that some of the applications had been approved some time ago, had been re-submitted for clarification purposes and had additional conditions 11 and 12 imposed on them at that time. CC- 22 page 5 explanation In di.cussing Application 337-HC-68, Councilman Stokes felt that a little more ingenuity in landscaping planning could be employed,as this particular presentation showed a strip of landscaping some 200 feet long with nothing but unimaginative ground cover and junipers planneà which, in his opinion, was most unsatisfactory. , Councilman Stokes moved that Application 337-HC-68 be denied and that!337-HC-68 the applicant be requested to resubmit a landscaping plan showing !denied a more imaginative approach for the landscaping of this strip of land. Councilman Beaven seconded and it was passed unanimously. Ii Councilman Stokes moved, Councilman Fitzgerald seconded and it was '338-HC-68 passed unanimously to approve Application 338-HC-68 as approved by approved H Control. I councilman's disapproval Application 353-HC-68 had previously been referred back to H Control. referral When it became apparent that Applications 354-HC-68 and 355-HC-68 had direct bearing on one another, Councilman Dempster moved, Councilman Stokes seconded and it was pa.sed unanimously that both applications be discussed at the same time. Mr. Walter Ward made the presentation on both applications and answered Councilman Fitzgerald's question relative to this being an application for an exception to the Sign Ordinance, which does not permit roof signs, by saying that the sign requested under Application 354-HC-68 was not a shopping center sign but one within the legal Sign Ordinance limits. matters combined explanation Councilman Stokes recalled that, at some previous meeting, Vallco Park had emphasized that no additional signs would be requested. Mr. Ward contended that the tenants located to the rear of the deve- additional lopment should have, and had a right to, some sort of advertising request which would permit passing motorists the knowledge of their existence. explained He further stated that there were two existing signs, that one of these signs would be moved and that an additional sign was requested to advertise businesses within the complex. Mr. Ward indicated that this would be the very last request for signs in the Vallco Park deve lopment. Councilman Dempster moved to approve Applications 354-HC-68 and 355-HC-68, Councilman Beaven seconded. Ayes: Councilmen Beaven, Dempster, Noel Noes: Councilmen Stokes and Fitzgerald Absent: None 354-1IC-68 and 355-HC-68 approved page 6 358-HC-68 present- ation staff request 358-HC-68 approved with conditions 359-He-68 approved 360-He-68 presented 360-HC-68 approved 308- He- 68 architect to explain changes photos submitted caution by counsel and councilman Minutes of the City Council August 5, 1968 CC- 22 Architecture and Site Control Committee Report cont'd Mr. Carl Haland, president of Del Oro Development Company, presented Application 358-HC-68 and explained the proposed project by the use of a plot plan, renderings and elevations. He reiterated his state- ments made at the meeting of H Control by saying that the proposal was for an apartment complex of 84 units, that each apartment would have a fully enclosed garage as well as an additional parking space provision, enclosed courtyards, and that all conditions imposed by both H Control and the Planning Commission had been adhered to. City Engineer Boyd stated that this was the first time that he had seen the project in this or any other form and asked to be afforded an opportunity to review the plans prior to their approval. Director of Public Works Finney concurred with Mr. Boyd, stating that his department had not previously been contacted by the applicant. Councilaan Dempster moved to approve Application 358-HC-68 in the form of a minute order, based upon all the conditions as set forth by H Contrml and Planning Commission, subject to 1) the applicant's submission of the landscaping plans at the next meeting; 2) receiving approval from the Public Works Department; and 3) receiving approval from the Fire Marshal. Councilman Stokes seconded and it was passed unanimously. Councilman Stokes moved, Councilman Dempster seconded and it was passed unanimously to approve Application 359-HC-68. Mr. David Thimgan, Architect, presented Application 360-HC-68, stating that approval was sought for the construction of two additional buildings fronting on Bubb Road. Councilman Dempster moved, Councilman Fitzgerald seconded and it was passed unanimously to approve Application 360-HC-68. Chief Building Inspector Benevich advised the Council that the architect for Application 308-HC-68 (also listed as 351-He-68) was in the audience to explain a change in original plans submitted. A large unit on the' roof of the project was still fully visible from the street in addition to protruding some 12" to 16" above the fence in spite of being fenced off by an open picket fence. Architect Dennis Cobza explained that he had taken pictures of the site which showed the protruding unit, but that he had expected the unit to be below the parapet together with other installations; however, the air-conditioning unit was larger than expected and protruded. City Attorney Anderson cautioned that, in view of the fact that the applicant wanted to open the restaurant in a short time, no Certificate of Occupancy could be issued if the Ordinance was not adhered to. Councilman Fitzgerald wondered what effect an approval of this type would have on future applicants and stated his concern about setting a dangerous precedent. Minutes of the City Council August 5, 1968 Architecture and Site Control Committee Report cont'd CC- 22 page 7 H Control Chairman Small quoted the first condition of the 12 Standard Conditions which states that all appurtenances shall be hidden from condition public view and enclosed. quoted Councilman Dempster said that the fence had been proposed in the original application and that, in his opinion and after viewing the submitted photographs, the situation was not too serious. Coun- cilman Stokes suggested that the applicant be aUòwedJto install the picket fence and, if it is not acceptable, the applicant shall return to this body. counc.il opinions Councilman Stokes moved to approve a temporary permit subject final approval of the screened-in area. Councilman Fitzgerald and it was passed unanimously. to temporary seconded permit approved Public HeariI\ 1;s A. Application 13~Z-68: Pre zoning of app~ox1mately 17 acres from a Residential Single-family lO,OOO sq.ft. lots (Rl-IO) zone to a Residential Multiple Cluster (R3C-7.3) zone; Provence Associates. Architect Fred Dole presented the application by the use of plot pIa and renderings, stating that this was a 17-acre site on which a 100- unit apartment complex was proposed on a hill slope of 2 to 1, with the units to be constructed at the lower level leaving the upper level in its natural hillside setting. pub 1. hearings 13- Z- 68 legend present- ation City Engineer Boyd stated that he had reviewed the site, that there were a number of problems to be resolved, but that all of them could staff be overcome by sound engineering and planning, including the necessity opinion for massive earth moving. At this point, Mayor Noel called for audience comments. Messrs. Daniel Paulson, Grantin Hogan, Al Goddatti, James Guardi, michael Collick, Dick Graco and Dean Sayer, all spoke in opposition to the proposed project stating such considerations as additional traffic hazards, a desire to preserve the natural beauty of the foothills, and suggesting single family units rather than an apart- ment complex. Mrs. Anthony Voss of 12100 Stevens Canyon Road said that she had listened to numerous comments relative to the preservation of the beautiful foothills, wondering if these same people were willing tDshare the tremenduous tax load placed upon these hillside areas. Councilman Dempster moved to close the public hearing. Councilman Fitzgerald seconded and it was passed unanimously. comments requested audience protests audience comments page 8 councilman's opinions 13-Z-68 denied Res. 1669 p.h. closed Res. 1669 adopted recess Ord. 406 .econd reading Ord. 406 enacted Ord. 409 second reading ¡ I Minutes of the City , I Application 13-z-68 Council August 5, 1968 CC- 22 cont'd There was additional discussion among the Councilmen on this subject. Councilman Stokes stated that he was not prepared to vote on this matter because of inadequate information particularly in view of the fact that he had previously requested that studies of the hillsides be undertaken. The Councilmen concurred. Councilman Dempster moved for denial of Application 13-Z-68, Councilman Stokes seconded. nIl ~ i ,:,:~'; i,;i:_;:;~'l~ l:ll Ayes: Councilmen Beaven, Dempster, Fitzgerald, Stokes, Noel Noes: None Absent: None B. Resolution No. 1669: Ordering vacation of a certain walkway easement within the City of Cupertino pursuant to Section 50430 of the Government Code of the State of California. Tract 4152 Oak Knoll Hills, Unit No.1. Councilman Dempster moved to close the public hearing, Councilman Stokes seconded and it was passed unanimously. Councilman Dempster moved for adoption, Councilman Stokes seconded. Ayes: Councilmen Beaven, Dempster, Fitzgerald, Stokes, Noel Noes: None Absent: None Mayor Noel called a recess at 11:05 p.m. The meeting reconvened at 11:12 p.m. Ordinances 1. Second reading of No. 406, providing for the payment of a fee toward the purchasing, planting and maintaining of street trees by the City. Councilman Dempster moved, Councilman Stokes seconded and it was passed unanimously that the Ordinance be read: by title only and that the Mayor's reading of sa~e constitutes a second reading. Councilman Dempster moved for enactment, Councilman Stokes seconded. Ayes: Councilmen Beaven, Dempster, Fitzgerald, Stokes, Noel Noes: None Absent: None 2. Second reading of No. 409, requiring a preliminary soil report and approval as a condition to the issuance of a building permit. Councilman Dempster moved, Councilman Stokes seconded and it was passed unanimously that the Ordinance be read by title only and that the Mayor's reading of same constitutes a second reading. Minutes of the City Council August 5, 1968 Ordinances cont'd 3. First reading of No. 410 The reading of this Ordinance is directly related to Application 13-z-68 under "Public Hearings", which application was denied. CC-22 page 9 Ord. 410 not applicable 4. First reading of No. 411, rezoning approximately 2.75 acres Ord. 411 located south side of Forest Avenue, bounded by Vista Avenue and Randy Lane, from Residential Single- family 10,000 sq.ft. (Rl-IO) zone to a Residential Duplex (R2-4.25) zone. Councilman Stokes moved, Councilman Dempster seconded and it was passed unanimously that the Ordinance be read by title only and that the Maypr's reading of same constitutes a first reading. Resolutions 1. No. 1664: approving final plan for the improvement of street frontage at 10271 Stelling Road; authorizing the City Engineer to sign the final plan and authorizing execution of agreement in connection therewith. Councilman Dempster moved for adoption, Councilman Stokes seconded, Ayes: Councilmen Beaven, Dempster, Fitzgerald, Stokes, Noel Noes: None Absent: None 2. No. 1665: approving final map of Tract No. 4553, accepting certain drives, places, avenues and roads; authorizing the City Engineer and the City Clerk to sign the final map and authorizing the agreement in connection therewith. Councilman Dempster moved for adoption, Councilman Stokes seconded. ~es: Councilmen Beaven, Dempster, Fitzgerald, Stokes, Noel Noes: None Absent: None 3. No. 1666: accepting quitclaim deed and authorization from the Stonesøn Development Corporation. Councilman Dempster moved for adoption, Councilman Stokes seconded. Ayes: Councilmen Beaven, Dempster, Fitzgerald, Stokes, Noel Noes: None Absent: None first reading Res. 1664 adopted Res. 1665 adopted Res. 1666 4. No. 1667: accepting grant of easement from A.T. Cook, et aI, Res. 1667 for public utility purposes. Councilman Dempster moved for adoption, Councilman Stokes seconded. Ayes: Councilmen Beaven, Dempster, Fitzgerald, Stokes, Noel Noes: None Absent: None adopted page 10 Res. 1668 adopted Res. 1669 adopted Res. 1670 adopted Res. 1671 adopted Res. 1672 adopted Res. 1673 adopted Minutes of the City Council August 5, 1968 CC-22 Resolutions cont'd 5. No. 1668: setting tax rates for the fiscal year 1968-69. Councilman Dempster moved, Councilman Stokes seconded to adopt this Resolution. Ayes: CQWQQ11man Beaven, Dempster, Fitzgerald, Stokes, Noel Noes: None Absent: None 6. No. 1669: ordering vacation of a certain walkway easement within the City of Cupertino, Tract 4152, Oak Knoll Hills, Unit #1. Councilman Dempster moved for adoption, Councilman Stokes seconded. Ayes: Councilmen Beaven, Dempster, Fitzgerald, Stokes, Noel Noes: None Absent: None 7. No. 1670: to correct spelling of a street name of "Ried,!l Place" to "Ried,!¡l Place". Councilman Dempster moved for adoption, Councilman Stokes seconded. Ayes: Councilmen Beaven, Dempster, Fitzgerald, Stokes, Noel Ntbes: None Absent: None 8. No. 1671: allowing claims and demands for personal services for payroll period ending July 31, 1968. City Treasurer Fitzgerald presented tthe payroll. Councilman Stokes moved for adoption, Councilman Beaven seconded. Ayes: Councilmen Beaven, Dempster, Fitzgerald, Stokes, Noel Noes: None Absent: None 9. No. 1672: allowing claims and demands for miscellaneous and general expenditures. City Treasurer Fitzgerald presented the list of expenses. Councilman Stokes moved for adoption, Counci~an Dempster seconded. Ayes: Councilmen Beaven, Dempster, Fitzgerald, Stokes, Noel Noes: None Absent: None 10. No. 1673: approving final plan for the improvement of street frontage for 7/Eleven Speedee Mart, located some 300 ft. south of Noranda Drive; authorizing the City Engineer to sign the final plan and authorizing execution of agreement in connection therewith. Councilman Dempster moved for adoption, Councilman Beaven seconded. Ayes: Councilmen Beaven, Dempster, Fitzgerald, Noel Noes: None Abstain: Councilman Stokes Absent: None Minutes of the City Council August 5, 1968 Unfinished Business City Clerk Ryder explained that he had researched the files to as- certain if any conditions had been imposed upon the construction of the Speedee Mart at Bubb Road, which research was requested by the City Council. Mr. Ryder said that at the time of approval, although much discussion and exchanges of opinion had taken place, no special conditions had been imposed on the application. Mr. Ryder advised the Councilmen that, as requested, he had re- searched the possibility of using an expanded mailing list in the publication of a periodic newsletter by the City. In that connection, Mr. Ryder reported that a mailing list representing families of registered voters numbering 3,000 would cost 9.3 cents per mailing piece, and that another mailing list to residents/occupants with specific addresses for 8,300 households would cost 6.8 cents per piece of mailing. Mr. Ryder stated that the mailing list addressed to "Occupant" at specific addresses was the most feasible economic- ally. Councilman Beaven said that the initial thought behind the request had been, to øQ~ai&avehicle by which Cupertino resideats could be advised of their Council's actions and proposals and that this goal and objective was ~fiA.,t however, that he was note sure that he would agree to speúding a large amount of money to advise citizens, as really interested citizens attend Council meetings. CC- 22 page II files researched proposed newsletter discussed cost questioned Councilman Stokes said, in originally proposing the newsletter, his objective had been to let people know that there was a City Council and certainly not to make this newsletter a competitor to local news media. Mr. Stokes emphasized that he had been very surprised to find, while campaigning during the last municipal election, that there are councilman people in Cupertino who do not even know that there is a City Hall, states much less where it is located and what Councils, Committees and Boards objectives it holds. In his opinion, large sums of money are set aside for public relations pu~poses by corporations, and that this governing body was such a corporation having been placed there by the electorate. FUrther, that a number of organization in the vicinity have such a newsletter and mail the bulletin at periodic intervals with excellent results. Councilman Fitzgerald agreed with Councilman Stokes but said that, i his opinion, people who are actually intereated will know where to obtain information and favored the use of a registered voters list as a possible inducement to get others to register. Councilman Stokes disagreed saying that registration was a personal matter but that all residents were taxpayers. Councilman Dempster stated that he would like to see this mailing tried on a limited basis and moved that the City Clerk be directed to adapt a list as used and offered by the Sanitary District, and to authorize the City Clerk to initiate the newsletter on a two issue basis. Councilman Stokes seconded. council opinions trial basis for news· letter authorized page 12 emphasis on information motion passed traffic signab pròposal audience cOUlDents signalization authorized sheriff's report requested discussions postponed matter postponed Minutes of the City Council August 5, 1968 CC-22 Unfinished Business cont'd Councilman Stokes reemphasized that he did not want this bulletin to be a personal newsletter of the City Council but that it should,contain proposed projects by the various departments and services offered by diffe~ent commissions and committees. The motion passed unanimously. Director of Public Works Finney, in referring to the previously sub- mitted written report on the requested installation of traffic signals at Voss Avenue and Foothill Boulevard, stated that the vehicular traffic on Voss Avenue was negligible and in view of only some 3,000 vehicles per day travelling this route this did not constitute suffic~ent reason for the installation of a traffic signal. Mr. Finney suggested that a flashing amber pedestrian controlled signal be installed. ~mbers of the audience presented arguments for and against the need for signalization with the consensus being on the safety of school children having to cross the street rather than the control of vehicular . "" traffic. , After more discussion on the subject, Councilman Stokes moved that the traffic signal be installed at the intersection of Voss Avenue and Foothill Boulevard per the report submitted by the Public Works Department. Councilman Dempster seconded. Councilman Stokes amended the motion to direct the staff to contact the Sheriff's Department advising them of thisllintention to install a traffic signal and get a report from the Sheriff's Dspartment sub- stantiating the installation of such signalization. At the same time the City Attorney was instructed to research this matter for both procedural and legal requirements. Councilman Dempster seconded the amendment which passed unanimously, after which the original motion passed 5 - O. City Attorney Anderson asked that discussion of appropriate action to be taken in connection with the Candy Rock Development be post- poned to the next regular meeting to enable him to consult with the City Manager. Councilman Dempster so moved, Councilman Stokes seconded and it was passed unanimously. Request for public hearing on appeal by John Hanahoe on denial of Application 15-Z.68 as rendered by the Planning Commission was post- poned to the September 16, 1968 meeting. new business New Business Ord. 002 (a) legaD4 A. Recommendation by Planning Commission for amendment to Ordinance No. 002 (q) - requirements for off-street parking. Minutes of the City Council August 5, 1968 New Business cont'd The staff explained the recommendations for off-street parking space widths, a complete report for which had previously been submitted to the members of the Council. Councilman Dempster moved, Councilman Stokes seconded and it was passed unanimously to direct the staff to draft an amendment to the existing Ordinance as recommended by the Planni,ng Commission. Councilman Beaven stated that many nuisances existed in the City and referred specifically to the property next to St. Joseph's Church in Cupertino which showed stripped automobiles and stacked building materials in plain view of passing motorists. Councilman Beaven moved to have the City Attorney look into the matter and recommend an Ordinance to incorporate the City's jurisdiction to legally enforce removal of unsightly materials. Councilman Dempster seconded and it was passed unanimously. . Report of Officers A. City Treasurer There was no further report from the City Treasurer. B. City Manager In the absence of City Manager Storm, City Clerk ~der reported on a number of items on Mr. Storm's behalf. Mr. Ryder said it was the City Manager's recommendation to transmit the approved $15,000 appropriation to the Cupertino Chamber of Commerce in installments rather than in a lump sum as had been the custom in recent years. Councilman Beaven moved to disburse the appropriation as in the past, i.e. in two equal payments. Mayor Noel seconded. Ayes: Councilmen Beaven, Dempster, Stokes, Noel Noes: Councilman Fitzgerald Absent: None Mr. Ryder also reported that on the complaint relative to the junk cars on Lowe Avenue Mr. Storm had researched the matter and found that this property did not belong to the City of Cupertino but was State-owned. Mr. Storm had contacted the State requesting co- operation in having them removed. Mr. Ryder also advised the Councilmen of the meeting of the Peninsul Division of the League of California Cities scheduled for August 15, 1968 in Daly City. C. City Attorney There was no further report from the City Attorney. CC-22 page 13 report explained ordinance amendment authorized' nuisances cited ordinance requested treasurer ,no report manager payment of appropri- , ation disbursement authorized junk cars discussed advice of meeting attorney no report page 14 pub 1. works report submitted engineer report 50.203 preparation authorized 50.200 ordinance revision authorized Sl.107.1 approved planning ordinance books building report of non-inapectio ' matter referred parks DO report city clerk ,Minutes of the City Council August 5, 1968 , ¡RePort of Officers cont'd . I ¡ D. Director of Public Works í jMr. Finney referred to the previously submitted written report from his department and had nothing further to add. E. City Engineer CC- 22 Mr. Boyd discussed the written report, as submitted by his. department, relative to the aerial mapping of the foothills. '4 ~ ,. Councilman Dempster moved, Councilman Fitzgerald seconded and it was passed unanimously to authorize the preparation of color photographic maps of the area as recommended at the proposed cost of $10,900.00. Councilman Stokes moved, Councilman ritzaerald seconded and it was passed unanimously to authorize the City Clerk and the City Engineer to prepare the necessary Ordinance revising the existing Ordinance regulating land development. Councilman Beaven moved, Councilman Fitzgerald seconded and it was passed unanimously to accept, by minute order, the improvements con- structed in conjunction with Tract No. 3993, De Anza Verdes. F. Director of Planning' Senior Planner Laurin asked that the Councilmen bring their individual zoning ordinance books to the next meeting so that a number of changes in various pages could be substituted. Mr. Laurin was requested to ,contact the individual Councilmen reminding them to bring the books. G. Chief Building Inspector Mr. Benevich asked that he be given the benefit of a legal opinion ul< relative to a letter received by him from a property owner who had installed a swimming pool without prior inspection of the 60' gas line situated under the concrete, which property owner had stated, in writing, that the City would not be held liable should anything go wrong with the gas line. Councilman Stokes moved, Councilman Fitzgerald seconded and it was passed unanimously that this¡"matter be referred to the City Attorney. H. Director of Parks and Recreation There was no further report from that department. I. City Clerk - Finance Director warrant autho- Finance Director Ryder asked permission to issue warrant 13068 for $35.00 rization aske and warrant #3069 for $159.00. Minutes of the City Council August 5, 1968 Councilman Dempster moved, Councilman Beaven seconded and it was passed unanimously that the meeting be adjourned, The meeting adjourned at 12:42 a.m, APPROVED: ~~tYìo..LL Mayor, City of Cupertino ATTEST: CC-22 page 15 motion to adjourn adjournment