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CC 07-20-70 , ~;I \"':' . ,!\" . '* . . CZ1T OF CUPERTI~O, State of California 10300 Torre Ave..ue, Cupertino, California 9S014 ~: 2S2-4S05 MINUTES OF THE REGUlAR MEETING OF THE CITY COUNCIL HELD JULY 20, 1970 IN THE COUNCIL CHAMBERS, CITY HALL, CUPERTTIIO, CALIFrlRNIA ~or Stoke. called the meeting to order at 8:04 P.M. and led the salute " Ut the flag. -.an Ca 11 CC-52 Councilmen in attendance: Fitzgerald, Froltch, Green, Noel, Mayor Stokes,. Also present: ActinR City Manager Ryder, City Attorney Anderson, Director roll call of Public Works Yarborough, Planning Director Sisk, Chief Buildinz Inspec~ ~or Benevich, Parks and Recreation Director Parham, Assistant Pla~ner Cow?", lecording Secretary Betty Dorris. ~nutes of Previous Meetin2S It was moved by Councilman Froli=~, seconded by Councilman Green and passed unanimously that the minutes of July 6 be approved, I rninute3 It was moved hy Councilman Frolic~, seconded by Councilman Fitzgerald anù' approved passed unanimously that, the minutes of July 13, 1970 be approved. I At this point ~!ayor Stokes said he would like to call forth two zentle:-en vho had given a good deal of their ti~e in service to the City of Cu~ert~no- ~r. Herbert R. B~aven and ~tr.. !)o:lald A. Frolich. ~r. Beaven ha¿ 5ér"lec as City Councilman for two years and ~r. Frolich on the Plannin.e C.:r.:-:-:::ssi.:m p:ese:1t:-st i:J:'1 from 1961 to 1970. Each .as ?resented an engrav~d plaque fra~ t~€ ~it~ of o~ Cupertino thanking him for this service. Mr. Beaven spoke brieily 5a~in~~ 5~rvire that he was deeply touched and ~~nored by this presentation and ~leased plaaues to have been associated with this City Council. -Titten Communications City Clerk Ryder advised the Cou~cil that many communications had ~ee~ r~- ceived having to do with the S~~'ens Creek Footbrid~e issue. ~e stated ~hat due to the time this vould in~olve the communications would ~ot ~e read but they were a matter ot rec0rd and can be reviewed by anyo~e at anv 1:ime. ~. Ryder advised he had received two additional communications which he would bring up under the City ~Anager's report. Oral Conununications There were no requests from Councilmen for removal of items frea consent calendar. corr.mur.ic,¡t :(' r('c e 1 v(·d L, t . 81 ., u ! au~bori~~ion granted to proceed vith Library Plaza Council cOllDents . . KiDutes of the City CouDcil July 20, 1970 CC-52 Oral Coaaunir~tiøms Cont'd. I The request of tile &cti... City Kanager for permission to have Arcbitect I Blessing addre.. tile COUIICil on the Library Plaza vaa IraDted. . I i Kr. Wilfred 11...- ..wreased the Council and tlumJu!d th_ for their ! consideration iD a110riDg him to speak early in tbe _etiDg. ~ .ald ¡the proposed pla~ bad been presented to tbe Council on Jun~ 22 and ¡ had followed tbia ap v1.th IIOIIIe estimates. He said be thought it vae ap- 'propriate to note that utM!a this was first conceived the square footage 'of the plot where this vas anticipated was about 7,000 square feet and :it has been incr.-..d to about 22,000 square feet to properly encompass . those areas and those concepts that are meaningful in integrating both ,of the buildings. I It was Mr. BlessiDc's recommendation that they go ahead with the project and go through the vorkiDg drawings and to recognize the difference in 'cost over the original anticipated figure, anticiDate all the alternates and, also, it was his recommendation that the Acting City Manager be Authorized to negotiate the theme sculpture with the sculptor. ,Mayor Stokes asked if there were any further questions or discussi~. Councilman Fitzgerald ~ed, Councilman Noel seconded that the City pro- ceed with this project and put it out to bid with the several alternates with respect to tbe various items on the plaza and that the Acting City Manager be authorized to negotiate with the sculptor for the center piece of the plaza. Ayes: Counci~ Fitzgerald, Frolich, Green, Noel, ~yor Stokes ~o£s: None Absent: None Report of Council Representatives ~yor Stokes reported that there was no regular meeting of the Transporta- tion Policy Committee. Councilman Frolich reported on a meeting of the C~pai~n C~ittee that he attended and said there would be one repre3entati~e from each city appointed on this cOllllllittee. He advised the Council there vo'Jld be a -roeeting of this Campaign Committee on Wednesday of this week at which a public relations consultant will present proposals about the campaign. , Councilman Fitzgerald advised the Council that he and Plannina Director Sisk would attend a meeting this Thursday or the Plannina Policy C~ittee. Councilman Fitzgerald relayed to the other members of the Council the action taken by the County Planning Commission on an application for developing ¡the property at the corner of Stelling Road and ~cClellan Road. IHe also reminded the Council of the guidelines and decision made by the Local Agency Foraation Commission which said that this property was within - ~te. of the City Council July 20, 1970 ~t of Council Represent3tiyes Cont'd. the sphere of influence of the City of Cupertino and, as such, the de- ..~ ~ ent of it should be UDder the direction of the City of Cupertino. x~ __ IIOved by Councilman Fitzgerald, secoDded by Councu.an Noel and 'II U J unanillously that the Board of Supervisors be adviseci that the ~ Council of the City of CapertiDO reaffirm its previous position that cite property at the comer of Stelling Road and McClellan Road should be ~ed vithin the City of ~rtiDO. *JI'vr Stokes ac!vised that there bad been no meetings of the Inter-City C-11 or the League of California Cities. C~ilman Frolich reported that he would attend an ABAG aeeting on July 29 and that there is a tentative Bay Area plan which would be presented for approval and he asked the Council's consent to cast Cupertino's vote in favor of this plan. ~ilman Fitzgerald moved, Councilman Noel seconded and it vas approved nn~imously to grant CounciLDan Frolich's request. CouDcilman Noel advised the Council there were no meetlnl1:s of Flood Contrà.. ~sory Commission or the Santa Clara County Water Commission. ¡ I Couacilman Green reported there had been a meetin~ on July 16 which focus~ cd around the study of several locations for solid waste disposal to ac- coaaodate the County's needs :hrough 1980. Details of this will be worked oat at the n~~t meeting of the Solid Waste Committee. Council~n Green ~ed the Council that he had been appointed to a subcocmittee for lea1slative contact reLative :0 solid waste disposal, Report of Planning COT.~ission i. Application l4-TM-70 from Ralph G. Rodrigues for a Tentative Map to divide .376 acre intó two parcels, located easterly ~i~e of ~cClellan Road, approx~te- ly 700 feet east of Linda Vista Drive, Recommended for approval by the Planning Commission on July 13, 1970. Mayor Stokes advised the Council there had been a request received to postpone this application to ,~gust 3, 1970. C~ilman Fitzgerald moved, Councilman Noel seconded and it was passed uaanimously that Application 1~-TM-70 be postponed to the Meetinl1: of Aupøt 3, 1970. 2. 'Application l5-TM-70 from Skaggs Pay Less Drug Stores for a Tentative Map to divide 6.501 acres into two parcels, located at the southwest corner of Homestead Read and Saratoga-Sunnyv31e Road. Re- commended for approv~l by Planning Commission on July 13, 1970, CC-S2 pa~e 3 Coune. . " pod tion reaffinaed Council cODDllents 14-TM-j'J legend 14-TM-70 continued l5-TM-70 legend -at 4 ,.._Intat~ IIpplicant ~ents ~=ents by _:.:y Attorne: 15-TM-70 ~proved nth c<:lnditions . I Ctty CoaDcll -rlDn~ July 20, 1910 .'I'H...tion 1S-nt-70 Coat'd, .. '.. Director Sisk present_ dds application saying the pd I -, ... .. .Ibrtde farce! 2 of this peG' .L" bato twO lots and the appll..- ... - .II. J. that this cJivis10n of ~ JaDII ... for lending purpo.... Jk. .... tillølred slides of the pco,-.L" ... the approved plan for en La-'Uoa ..;.... property. Be 88id,there ú . proble. concem1111 this ft......- iD ','. "'e is aD msting (1" _..~ I ed-ilia over the t._L7 u.a. ~ "", eo-tssica had att...~ .. "ttica requ1riq that all & II 'NII ., ~", -. would'bne to be Mt. ....u a possible alteraat1". CO tIda -,~r. .., soae type of ...V'-~ foe. atipulated periOll of tt.e -11__ ..... '::c:iøD vas started on pareal .. CC-52 ~_ Coaaissica Chaiman "-'~ iDqaired if park1111i reqa1r u ,. 1.. .ft'«-ted by the lot split'" 1Ir. 51å replied that, .. iøIIt--. .., ¡ ··----1 construction vould .... to c:o.ply with parking r....'.... M. ¡ ~ Jk. 1iIa1ter Seebach of Ruth and GoiDa eaaineer1ng firm repr.....e.. tbs &1Þ- : 1".-. He advised that Pay1ess Is pr..ent1y negotiati. a sale co · : A __ holding cœpany and that Pay1... would lease back the ator_ located CIa Parcel A and is presently DeCOtiatiDg with various people far . bull~ ï _ Parcel B and is going to CODt1Due .. owners for t!Je ti.. ~. ¡ . ~~.. Stokes asked if extended agre_enU covering an overhaDI -ov1d ..th- ~ tile ordina:l~e. Planning Director Sisk replied that the ordi_e does ;orcadbit over:c.:l~ and any agre_t on a long term basis would be 1n .,io1a- t~. Mayor 5:~~es stated that Coodition 13 calls for all structures to ~orm to t~e a~?ropriate City zoøiDg and asked the City Attoraey for an ,~. ~~ Attorney ,~¿e~son spoke saying that he conc~rred with the ~~or and ~ tbe la~ ~~:l~e~ing this new is that the pro~erty is awned above the ~ by the ~~er to the ext~t ~e can exercise control over it or make a ~e thereof. Ee said the ove=bang appears to do no harm and said it may :.e possible :~ ....=ri< somethi~ au!: vith a lease of the air space a~ove the 54~ for a l:~::ed period of t~ or by grantin~ a variance. ~ilman Fi:%~er~ld moved that Application IS-~-70 be approved as recommend- et subject tc :he following adèitiona1 conditions: a. Thatei:~er the overhang is removed prior to approval of tbe !~ map or :~a: the variance is secured; and b. That :here be no pole sign located on this parcel to be created, -Parcel B. ~=il~n K~el se~onded Councilaan Fitzgerald's motion, &~: Council:e:l Fitzgerald, Fro1ich, Green, ~oel, ~~yor Stokes Sees: None -N-t:None I i I . . ~ ~ - Ice-52 { .... s - -., t'- Clty o.cU Jdy 20. 1970 - . .. Anldtectval .. Site A .__..1 (' I tt.. L ~nltcatt. \6J 81:-10 f~ ~_ CJd1 JIL øa Il1ftst- ...c Coq...¿.&ioa. W 1111'1- ..... ~ 'arit. re- ('1 ItÞa -rrL.-I CO { ti..cc. l1~t aparc.ent ,...18.. eM eat .... of ~ "111Ioa1nan. "I- .a Alp_ Dd... .. "1-.1 . be ''I'M. ,,,. app~ of ....U..f, -.SaIa .. .rchitectural COIICept DC J_ 10. 1970. (c -. . f,. 7/6/70) 463-~70 1... T . ! I I Ik. - .." Sandy of SaIl Frncteco .... die fJC JlPtatloa sayillll he .. tbe: . lip architect for this project. .._ Ybul aids Mr. Sandy pres_tee! . cae.. ~ c:.ping aDd site p~ aDd L . ..SAles of siaUar projects 1:. 'ures_tation ... r 1..,ed, He eDWDeII thet tL . Ifht.-ts would be of buff colDr~ .. .. with dark staiDed woð trt.! .. cedar shiDIIles. He pointed out cae.. .....ion of the various facUiclM wrtdda the complex aDd _tiODed die '-us grH:l ~lt tbt~ ....e eM ....lo,.eat. C 11~ Fitzgeu:~ r8arked that tIt1s ,...opca" develoDIHnt left hila CDLi ... ~r St~kes felt that it did DØt identify vith this comaunlty. 'Council CL 11' !roel re:u~"ed that, alt......... srchitecture is :!!Ostly a matter of coœllents -..-_ coac.rninl :~..u and diaUluts, be __ _t particularlY pleased .ttk ~ propoa.~ ~~~:ect aDd be. alao, felt that it d~es not fit into ~ ~try of Cupert~~:. ~ r ~: JíDes : AM ~ -.. Joel !IK',.~~ :!\at Applicatio:1 r-~ by Counc1~~ 'itzgerald. Councile3~ :::zgerald, Creen, CouDci~ :~~:~ch : JIoDe 1.63- RC-70 be denied which vas !463-HC-70 :denied · ¡ Soel, Mayor Stokes ~. ~ Chateau, :::3 Alpine Drive, a4rlsed the Council that he vas not Ú f-=-r of tbis de,·e:o:!¡Mllent. 2. Appllcati:c .31-HC-69 fro. Blaze Plastics. Inc. 37345 !la=~ Road, Fremont, requesting approval to erect an S' I 20' bulldi~ sign and a 7' 6" X IS'- 10" pole 5i~~ for Skaggs Payl..s Drug Store located at 20850 =_'Cestead Road. Rec -nded for approval by AYch1t~:ural and Site Approval Committee on .July 8. H~~. I ¡431-HC-69 : legend , · i · ~~ ~lding Inspe~:or !enevich presented this application showing !presentatlon .142 of the site ?l.m and the sign ar' advised the Council that tl:.. pole¡ ~ ~ vithin the Citv ordinance. e .- O~l _.c, C_U_ Flu_"'" .~........ .... " -. ....... 1'31-0<:-6' . ly to appro:!ve Application ~:n-øc-69 as recOlllllended. ¡approved ~' , 6 , ¡" ~ent.~~ request for footbridge comments by Mayor Stokes footbridge proponents . ~ \ ~tes of the City Council July 20, 1970 I AŒcbitectural and Site Approval Coaaittee Applications Cont'd, 3, Application 471-BC-70 fro. Jerome M, White & Associatea, 801 K. La Brea Avenue, Los Angeles, 90038, requeatill8 approval to construc~ a 155-uDit apartment on the weat side of Blaney Avenue, 350 feet west of Stevens creek Boulevard. RecOlllllended for approval by Architectural aDd Site Approval r---ittee on July 8, 1970. CC-52 ðth.~ BuildiDg Inspector BeDev1ch showed slides of the site plan for tbú project; Presentation of this application _s made by Mr. George Fernandez of Cupertin Mr. Fernandez reviewed the statistics and presented the development plans before the Council saying this project on Blaney Avenue has 11 acres and the apartment cocpl~~ will have 155 units containing :21,425 square feet. Be stated the buildings will occupy 27% of the project, parking and drives 22%, and open space 50%. Tbe Chief Buil¿ing Inspector advised the Council that the landscaping Dlans bad not been a~pr~ved by the Architectural and Site Approval Committee as yet Mayor Stokes a¿~ised that the landscaping plans will have to be su~itted for approval at a future time. Councilman ~~~l =~ved, Councilman Fitzgerald seconded and it was passed un- animously t~~t A=plication ~7l-HC-;0 be approved ?ublic Hearings Requ~st f~r construction of pedestrian footbridge across Ste~ens C~eek between Phar Lap Drive and Creston Drive. ~yor Stokes a¿~is~d those present that this was a reouest made by a resident of Cupertin=. :0.21 Phar Lap Drive, for the possible construction of a foot- bridge across 5t~~~ns Creek. The Mayor advised that the Council would hear first fr~ t~cse in favor of this footbr1d~e, then from the opponents and . finally a b~ief ~~buttal period for the proponents would be allowed. The position ~f th~ proponents was advanced by the following persona: Mr. Rob~rt Clancey Mrs. Dian~ Petrusich Mr. Bill ~cGuire Mr. John ~orris Mrs. .i11iam McGuire Mr. _i11i-= Jenrick l0460 Phar Lap Drive 21836 Woodbury Drive 10421 Phar Lap Drive 10441 Phar Lap Drive 10421 Phar Lap Drive 22399 Cuµertino Road . . ~tel of the City Council July 20, 1970 - I r~t for footbridge across Stevens Creek - Discussion Cont'd, ~ basis for the request having been submitted included an expansion _ tile matters of the lack of accessabllity to the neighborhood park ,....4I4J;aDd the neighborhood school in a safe manner; the inabllity of ~lhfên'to participate in after school activities or to take advantag of,èhtlecreation Departllle11t's special progr8lls: the danger botb real ...,'~entia1 of having to valk along streets where no sidewalks exist ...' tile visibility is obstructed; aDd the comparative inexpensive cost f...,tbe installation of a safe footbridge, A .-ber of letters, diagr31118 aDd other data were introduced into the. ~d in support of these contentions. The opposition to the construction of this footbridge was presen~ed by die following: 10284 Creston Dr. 10060 Phar Lap Dr. 10041 Phar Lap Dr. 22024 Creekside Crt. 22176 Creekside Crt. 10232 Creston Drive Oakdell Homeowners Ass'n. 10161 Phar Lap Drive 10237 Creston Drive 10300 Creston Drive Mr. J, Robert Dempster, Attorney, Mr. & Mrs. R. D. Koenitzer Mr, Jack L, Keen Mr. Otis Rose Mr. George Atton Mr. & Mrs. Nicholas Szabo Mr. James Mackin, President Mrs. ~ry Castiglia Mr. & Mrs. Donald Robertson - Mr. Jack Sallee The reasons as to why these residents were against this installation iDcluded the invitation to possible dangers because ~f ,~e inability to have this cr~ssing in full view of the street: no sidewalks on Creston Drive :~rc1ng some children to walk in the street: and the bable trespassing on private property. ~ition vas given to the problem of getting children from one side of tbe creek to the other but it was suggested that a footbridge was DOt tbe only ansver or,if all other alternatives were deemed impracti- ~a better l~cation could be found for such a crossinR. Photographs and other documents were introduced in support of these coatentions. Oa the conclusi~n of the address to the Council each Councilman then stated his vl~~ ~n this question after the public hearing had been I closed upon the m~tion of Councilman ~oel. second by Councilman Frolichi aDd unanimous approval. lae -ry, the Council comment~ were as follows: CoaDcilman Creen r~.arked that he agreed, after looking at the site and I CC-52 page 7 footbridge discussion I ¡ footbridge : opponents ; pro-, i I ;points made by opponents ~1 I , I .-, t , C'øaents of Onmd1meD tancerniøc footbridge ; Cœnenu ty !layor , ( j " , . 114_.. of the City Council July 20, 1970 ... CC-S2 Foodtrld.e ~ coat'a, . "1Da the .u-iDD toa1Pc. tllac tbis particular locatiOD few tile LGOdIricl.e -U DOt he 10 tile. besC loter..~ of the City anð tIoa1ÞteII U Ie woula .. ..... 111 tbe IT dc1claenxy. Be .,.,.tbt9ed ..-y ~ ~,tbe p~ _ the c1IIIcI"'òt the people 10 this... an Ja8t1f1.. ;..... fa ~ ......... ICc...t"..fdÎÎa,scbool. 1Ir. GreeD f.le tbae tile C1t1 , L IlIa ao _ ~""" to ....~;:..s~t_te plaD that ..u si- acceø \tD tJIat ana. ,:"J " ...;'1"_" -l1..n ~ CODt1Duell ..w.,:fí¡ftt.. Cupertino Capital !~I~"..ttur.. .Vt at t1da ~ is a _ oftnS.OOO for the aevelopMDt of tile 5te'Nn8 Crn"~~ tap area. Be wDlfted if a 1I08sible solution could be ~ out to lane a study of ebaC area in conjunction with Stevens Cree1t- Pbar Lap i1Ip._. "'ts. C_dlman 1\i..""¡ said that he recognized there is a problem in this area but felt it was _t going to be solved by a footbridãe. He stated he is com- , pletely agai:n it but we do baT'e to reco~ize something must be done in tb~ area, pe~ providing soaetblog for recreation other than the Stoneydale area. Councilman r::':~erald said it vas his feeling that it would be a tremendous í liability tc :ross the creek at this point and he was very much against a ¡ footbridge a: :nis location. Be said it was his opinion that the basic : history on f~:òridges has been bad. Mr. Fitzgerald thought the only solution í ~ to get a s:4if report on the alternatives to this problem. I ! Councilman F~=:i=~ remarked that even a genius could not possibly work out a : solution tC' :;"::'5 problem that would please everyone. He mentioned that he ! ¥as acquai~t~! ~~th people on both sides of this issue and he felt that : these conce~ aòout property rights were also ~xpressing a human need as ¡ veil as thC's~ :~ncerned with social needs. ~!r. Frolich satd he was basically ; opposed to :~oi! f"-'tbridge because of the probler::s involved. He felt that the : City has an =~¡igation to these people who have a right to access to the 1 school and r~==eational fac1l1tiea, ! : Be mentione¿ ~ solution might be the possibility of finding a small lot for ~ par~ facili:::'~s for the younger children until a better solution is worked ; out and per~~5 bus them to the recreational fa~ilities. r ' : !!a"or Stokes ~rlted that he vas disturbed by the various references to 'my I area" and ~....~ area" and felt that all should recognize that we are all ¡ citizens of :~rt1no and have the same IIeneral ?roblems. He expressed his : f_l1ng tha: if some of the _tion could ])e ta!~en out of the issue so all ¡ possibilities ~cerned with the location of th~ proposed footbridge could ~ be examined :~t a solution could be found th3t will be acceptable to the ¡_jortty. ! Be remarkeè further that the cnø of the problem vas that the people l1vinll . OD the east si~e of the creek do DOt have proper access to the school and to I ,~ . - -_ of the City Council July 20. 1970 y D.s.tae 18sue c:oat'd. ~.-'-. '-.1 facilities and the padt co be developed in the area. , ~:..U sêokes CODtiDaed that this l_e bas been before the CouDcil .. '~ ..&t.es now .. that toe ~e~ of the Citv staff have been ~-èa ,to help t!Iose iD\'olved _>'it ~ this problea among them-lves. ;1IIII·~bowever. that perhaps this slløald be under the direction of '....'CÎty staff vitia a thirty to fu~Lr'Íive dl!Y cooling off period and , _ 'fla1y a lIIeetÙlg in the school CO apin discuss this matter. Be .... lie vas in ~'U.eDt with eo--n-n Frol1ch' s remarks that these .....le are entitled the use of these facilities and to a safe access, , ~ n....n Noel then ..de the fon.-1Dg motion: 1. To request the denial for the construction of the pedestrian ~ across St~ Creek between Phar Lap Drive and Creston Drive; 2. To defi~ the basic problem and recognize that the City must f1Dl aD answer t.. this problem; 3. Request the staff to present several alternatives that -Jill ~eapt to solv~ :~:s problem and have the staff report within thirty ~; that the ?:.--ing Department, ~creation Depart~ent and Public ~ks Departmer.t ~~: together a~d see what they :an come up with. r~ilman Frol::~ seconded this Dation for the purpose of discussion. Af~ discussio~ 0: t~is motion ~~yor Stokes ~xpressed the concensus Gf the Council :: ?~esenting the following amend:ents to the motion: 1. Amend t:e tine limit to the first City Council meeting in Sept '.ør ( Septel1ber 3, 1970); 2. Eliminate the request for denial of the footbridge at this ,~; 3. Original ~tion to refer to staff to investigate all the ~1bilities af:et ~ich the City Council would hold possibly one or c.D aeighborhood neetin&s with respect to this problem. 'De woce on this 1IO:1;1n was UDSDf-. 1IIJI4C Stokes called a recess at 11:35 P,H. 'De _ting was recoavened at 11:50 P.H, CC-S2 page 9 comments by Hayor Stokes motion re footbridge recells ~1O , )':.~ ~,>.' k!;" f i..~' ...- "';;'¡; (~,;.",':1:: ~' , '(";:"",,, ~.)':r~, i~f)X-';. -, ",., ~< Ord. 466 enacted lies. 2030 .es. 2030 adopted Res, 2031 "opted ..... 2037 1:.-:: "" ,,: c-U My". 1970 - CC-S2 sèccad readiDS of ~iDaDce No. 466: "AD OrdiDSDCe of the City of ~ Mending Section I of Ordina1lCe 110. 2 by Recl...1fJÞ8 . certain portion of the Ci~ of Cupertino frma Jcdcaltural-Res1deotial SiDlle-Faily ODe-Ikre Lots (Al-43) Zooe to Planned DevelopMDt (P) vitia Planned I~&...Jal Park (MP) Use Intenc1ee1 Zone; Approdmate1y 1.9 Acres 'Located at the Northerly Terminus of !leadov Avenue. Approxilllate1y 300 feet Easterly of t_tau Avenue aD4 650 Feet Southerly of IIoIIIestead Road. It vas moved by CouncibIaD Fitzgerald, seconded by Councilman Noel that !Ordinance !W:o. 466 be read by title only and that the Mayor's readiDl con- i stitute tbe second readiug of tbe ordinance. The motion passed UDSni- j.ouøly. I ; It was IIIOV~ by CouncilaaD 5oel, seconded by Councilman Fitzgerald that ,Ordinance ~~ be enacted. ; Ayes: C~;:~ilman Fitzgerald, Frolich, Green, Noel, Mayor Stokes '5oes: ~ ; Absent: See.! I , Resolut ions s: _ 1030: "A Resolution of the City Council of the :::v of Cupertino Allowing Certain Claims and Demands :~~~ble in the AaoU3ts and From the Funds as Herein- a::~r Oescribed for Salaries and Wages for Payroll b~ing July 14, 1970." j í ~lt was mov~! by CouncilaaD Soel, :solution s~_ 1030 be adopted, ;Ayes: C~cilmen Fitzgerald, ; Noes : ~t!.e seconded by Councilman Green that Re- Frolich, Green, Noel, Mayor Stokes :Absent: s"-ae ; , s~. 2031: "A Resolution of the City Council of the City J ~: Cupertino AlloviDl Certain Claims and Demands Payable i: the Amounts aDd from the Funds as Hereinafter Described " :.:r ~scellane0U8 aød General Expenditures." It was IIIOV~ by CouncibIaD JOel, seconded by Councilman Frolich that Resolution ~. 2031 be adopted, yea: ~~cilman Fitzl~rald, Frolich, Green, Noel, Mayor Stokes es: Sœe sent: 50ce So. 2037: "A Resolution of the City Council of the City of Cupertino Approving that Certain Agreement Da:ed July 15, 1910. between the City of Cupertino ~ Wank, Willlaas. and Neylan, Inc. " . M!~utes of the City Council July 20, 1970 . Resolution No. 2037 Cont'd. It vas moved by Councilman Fitzgerald, seconded by Councilman Frolich that Resolution No. 2037 be adopted. Ayes: Councilman Fitzgerald, Frolich, Green, Noel, Mayor StoKA~ IlO8s: None Absent: None Unfinished Business 1. Review of plans for Library Plaza, This matter had been discussed earlier in the meeting. 2. Open discussion on policy and procedure relative to recruitment of the new City Manager. Councilman Green reported on his contacts with management consultants and advised the Council that it would be desirable to meet with a repre- sentative of Griffenhagen-Kroeger, Inc. to interview him and determine what criteria should be developed and whether or not the City wished to retain their services. Mayor Stokes asked if anyone in the audience wished to comment as to any criteria that should be considered in regard to the recruitment of a City Manager. The o~ly response was from ~r. Alf ~odine who indica:ed his preference that the City Manager be as fiscally r~sponsible as ~tr. Storm had been. It then was the consensus of the Council to meet in an adjourned session at 7:30 P.~I. in the Conference Room on July 27. 3. Report on cost estimates for construction of a scale model of proposed Community Center Building. Mayor Stokes referred ~he Council to a written report submitted by the Acting City ~anager which indicated that a one-sixteenth scale model would cost between $1,500 and $2,100. It was determined that the differ- ence was due to the ~ount of detail necessary to go into it. It then havin~ been determined th?t such a model would be necessarv, Councilman ~oel made the motion, Councilman Fitzgerald seconded which was passed unanimously that the Acting City Manager be authorized to have a scale model of the Community Center Building purchased. 4. Report on ccrrective action taken and contemplated relative to water service deficiencies. page 11 Res. 2037 adopted -I Council~an Green reports adjou:-ned meeting July 27 Purchase of scale ,"odel of C,,-.=.:.mitv Centnr Build:!!\!; author! zed Mayor Stokes commented on the lateness of the hour less there was some urgency that the study of this tbe next meeting. study and suggested that un- conti~ued report be continued to 12 I' f " report by lfayor ~gof Tr1.anon :~ be p~ed 0<: 1Þøad f~-- ballot ac_siO!1 ar-ted . . MiDutes of the City Council July 20, 1970 Unfinished Bua1Dess Cont'd. CC-52 · Director of Public VoTb Yarborough 88id this vas perfectly acceptable if · the Council would authorize the vork to be done on the suggested naa.e 1, · This work vas for the repdr of the San Juan Vater Ta\1k st an est_tee! , cost of $2,000 aDd the painting of the Maoo Station Tank for $1,000. , It vas lIIOVed by CouDc11aan Fitzgerald lIIOVed, Councilman Green seconded that this rec_M -"edation for repairs be authorized. : Ayes: Counci!aeD Fitzgerald, Frolich, Green,' Noel, Mayor Stokes , Noes: None ; Absent: None ! I s. Report on tbe moving aDd restoration of the Trianon Building, Mayor Stokes reported that pursuant to Council action of the previou~ meet- ing he had met with trustees of the Trianon Foundation to discuss possibili- ties for the rehabilitation and restoration of this structure. He reported that there was considerable sentiment to have this buildinR moved to the Memorial Park for use as a cultural center. It was estimated that the cost of $125,000 would be required. There was an alternate to this to have it placed on a n~ foundation on the De Anza campus which plot would be le3øed to the City of Cupertino. There then followed some discussion among the Council as to the advantages and disadvantages and desirability of having this placed on the Memorial Park site, moved to a different location on the De Anza campus or not havi~ ,any of this be under City auspices. Following this discussion it then was moved by Councilman Fitzgerald and Mayor Stokes seconded to place a third question on the bond issue ballot ,for the moving of the Trianon Building to a lea3e site on t~e De Anza College ,campus at a cost not to exceed $12S,OOO. Th\ ,otion was passzd unanimously. . New BusiDess i I I I j I , 1. Expiration of extended time for waiver of masonry wall requirement at De Anza ~obil Service, located at Stelling Road and Stevens Cre~k Boulevard, ¡Mayor Stokea said that this was a continuation of previous RrantinRs of ,waivers. It then was moved by Councilman Fitzgerald, seconded by CounciLaan !Frolich and passed unanimously that a one-year's extension of time be grant- led for the waiver of this requiremeDt, 2. Consideration for filling vacancy on Water Commission. IMaYOr Stokes commented that the vacancy had been cause by the death of Mr. Henderson. He requested that the newspapers publish the fact that the . e Ø1Dut.s of the City CouDcl1 ~a1y 20, 1970 ... llu8iness Cont'd. CoaN'il vas going to fill the .,.~-q aDd asked Acting City -"'en' Ryde to DOUfy all applicants for die other C_1asions to deterúDe if they wale! be interested in be1DlJ CGIIS1cIHed for the Water COP-i uiDD. 1'be date of August 17, 1970 _ _tablisheel as a cutoff for rece1Yiq applications , 3, AuthÞdziD& C...4 ..racing of Wolfe Road betveeD Stev_ Creek laulevard and Route 280, . Director of Public Works 'lad~6roush referred the Council to his previous- ly subaitted written report 1IIa1.cb set forth the need for reSUTfacing. 1b1s section of the street bad been patched several times aDd these ~tches vould not hold throuP the cOIling winter season. CC-52 page 13 vacancy on Water ec-ission t be filled It vas moved by Councilman Fro1icb, seconded by Councilman 50el resurfacing of Wolfe Road be _thorized vhich motion was passed 1y to authorize this to be put to bid. resurfacinJ that this of Wolfe unanimous.- Road Authorized 4. Consent Cal.....d"T It vas moved by Councilman Frolich, seconded by Councilman Fitzgerald I aDd p..sed unanimously that &1: items on the Consent Calendar be approvedL The it..s under the Consent Calendar were as follows: (a) Resolution No. 2032: "A Resolution of the City Council of the City of Cupertino Accepting a Grant of Easeseøt frœ Pacific Gas aud Electric Company." (b) Resolution No. 2033: "A Resolution of the City Council of the City of Cupertino Authorizing the Execution of an agreement by the Mayor and the City Clerk with Pacific Cas and Electric eo.paDY· (c) Resolution No, 20~: "A Resolution of the City Council of the City of Cupertino Accepting an Easement fro. the Southern Pacific Transportation Company and Authori- sica Execution of lDdenture by the Mayor and the City Clerk, " (II) Resolution ~o. 2035: "A Resolution of the City Council of the City of Cupertino Acceptin~ Dedication of Real Pruøerty for Ioadway Purposes from Carl W. Haaland and Alberta M. Haaland, 81. Wife, and Robert E. Gollaher and Melba J. Gallaher, His I Wife, Located West Side of Mary Avenue, Opposite Lubec Street.'" I . Consent Calendar it..s z,proved pap l~ i:ity !laDager's report ~yment to :baaber of :oaaerce authorized :aporary storage of iuplex lutborized 'y :OUDCll :eport froa :ity treasurer ?itzleralcl tt.e ~eposits _rded I · jr- · · ,.., - I I I ¡¡ : t · I - . . -_ of the City Council .Jùy 20. mo CC-52 I-S - Consent C·1 . CsIs£.". (ø) ReÍlolution Ro, 2036=. ~ -..ola"'ion of the City ~, of tbe City of C . .LJ-. - -1onriz1ng ~ecutiOD of .. Agr_t be~ de ~...-_ .... The City Clerk to IaÞfa tbe Services of . F4 ..., Coaeu1tant: ancl Rat~ tbe Retention of .... r rJ . L of Officers · : · , · -.. . ..... City Manager WIll. --- written report, 1. City Staff £, It) -- ~ezred tbe Council to his prerloa8ly nb- J!r. ~ reported that he ball ~-.dYell a request from the Cuperd,DO Cbamber of r ree that the first iDsta1' , of the Citv's contribution to tbe Chamber !De pa1.d at this time. Be rec .~ that the' Council authorize the drawing cf . warrant for $7,SOO payab1e :.:0 tlJe Cupertino Chamber of CoaDerce which _cpLAeDes the first half of ~ U>.>Lxlbution of $15,000. ?:~ was BOVed by Councilman F=~. seconded by Councilman Soel that tbe City ClErk-Finance Director be ~-Zed to draw the warrant for $7,500 in compli- -=e vitb the Chamber of C~ ..<::.e request. ~: Councilmen Fitzgeral.c:, ~:=olich, Green, Noel, Mayor Stokes .-c.es: None ....... t: None T.!......ing Director _.Lsk referre<: =.=> a report given to the Council earlier re- ~2~~e to the temporary storage == a duplex on industrially zoned property == a period not to exceed 30 ~5 subject to confirmation or denial by the ~~~ a; this meeting. !!:". 5isk explained that this ba:f 1>een an emergencv situation and authorization ba11 been granted by staff scbjes:::: t.o the posting of a cash deposit and the ~~"" of the CouncIl. It ~ ~ the concensus of the Council that staff ~nn was to be ratified. :liD other staff reports were .!ic.-.--ed. - L..-- LS by Citv Councilmen (" i1....n Fitzgerald said tha: =bere vere some surplus montes that could be . _ted for a short periocl of ~ aDd bids were requested fro. tbe five )~1 banks on accepting a SlSO.OOD deposit for 3S ðays and a 5100.000 deposit brr 19 days. He said that ~-1ays Bank bad paid 7 3/4% interest to be paid ~ iotb deposits which was the ~ bid. ~ i1~n Noel moved, Councf,.... 7rolich seconded that the time deposits be rT~ as recommended by City Tr---urer Fitzgerald vhich motion vas passed I "U81y. ¡ í . , , . . ___ of the City Couøell July 20, 1970 - - u by City Coundt.eD CcIIat'd. a. n-o Frolich said thai: vitia the dual fuøctioD8 IIOV beiDa perform- .. ~ JIr. Ryder as the Cicy ClaIt-FiDaDce Director and aüco - the , - .~ Cicy KaDager it vas _eUely proper and desirable rhaC ncop1- ct.a .. liven to this by pay1Dc Ida the salary set forth 111 tile badsec .... City Jfana&er. It vas _ _..... by CoUDCilMD Frollch, sec~iIr" 1>y a 11.... FiUgersld and F-U" "..-i.ous1y that Hr, Ryder be si- the _'I~ of the City Manager _ see forth 111 the budget durlq dlae period .. t. eM Acting City !I-..... ~ ieion by Mayor of NoD a.. .... Ie... 4-'4~ City Manager Ryder refeu"" to the Kayor a letter he haI receiv- .. '- Mr, Dave Morgan of Tiit...,. Billiards who had requested to ad- ... the Couøcil on matters pertaiD1Dg to that establ1s~t but which ~ had been received too late for inclusion on the agenda. ... recognized by Mayor Stokes, !fr. Morgan said that there had been di1ficulties vith curfew v1oùt1øas and other misdemeanors in the area of Ch18 establishment and it vas his desire to cooperate fully with City officials and the Sheriff's ~t in taking appropriate corrective acc:1oD. Mr. Morgan said it vas his understanding that the City vas ...Hftl steps to revoke the Use Perait and asked for advice. .7". Stokes said that no such action had been cOllDDenced. ;Ie said the City vas going to insist that previous difti~ulties be cleared up and if they were, then Mr. Morgan vou1d hear noth1ns further fr01l1 this eo--il. %be Mayor then recognized Mr. Alf Modine who subm~,tted a request that Cbe City consider utilizing aD aaateur radio operator's ne~vork vithin Cbe City during time., of extreme emergency. ø.,or Stokes referred Mr. Mndi... to th~ Acting City Manager for further ~ of this offer. Xc .as moved by Councilman Frolich, secoDded by Couødlman Fiugerald 1:haC the meeting adjourn. \CC-52 page 15 Cicy KaDager Salary for Mr, Ilydèr þ .. discussion re Tiffany Billiards offer by amateur radio netwOrk Ie vas declared by Mayor Stokes that the Council adjourn to 7:30 P.M. in tbe Conference Room of the City Ball, July 27, 1970. The meeting vas adjournment .T-1ared adjourned ~t 12:45 A.H. APPROVED: .A.&.LEoSY : /./ Gary G. Stokes Mayor, City of Cupertino 1.1 Wa. E. Ryder C1cy Clerk