CC 08-03-70
CD'I 01 CUPEIlYLW, State of Califcmaia
~ Torre Avexe, Cupertiao, California
""-: 2S2-4SO>
.....,-.rES OF nŒ REGULAR III:&.I~ OF THE CIn COUNCIL HELD
AUGUST 3, 1970 IN THE COCBCD. CBAHBEIl, em BALL,
CUPElTDIO, ,..11 I 'OllIlA
.. ...Una vas called to order u ':02 p,., in the COUDc11 o---~ of
... City Hall aM ~yor Stoke. led die a.._blage iD a flal aaluta,
..n Call
c; 1l1D11D in attendance: ritzaeraleS, rroUch, Creea, 3oal, MoJor
StoJre., Also r:esent: ActiD4 City Jfana.er Ryder, CSty Atcorraey
A a_Taoa, Dir~:::r of Public ~rkl Yarborough, P¡~nDiua Director Sisk,
Ck1ef Buildin¡ ::spector Benev1ch. P.~ka and Recr~atfon Diractor Parhaa,
~~C_t Plan::ot: CO"'3;1 and lecor~1D¡ Secretary ."h1te,
~tes of Pre~~:~s ~eetiDR.
n _. moved ~:: =:~cU..n rroUcb, seconded by ~.:'Wlcll..a r1Ulerald
aDd passed un.:::~·~sly that t!w =c.:utes of Jul)' :: and July 27 be
.pproved as s~~;::ed, subject :0 the correction 0: a tYPOar.phi~al
error on tbe :~:: :7 miaute.,
k _. Curther s..-d by Co:=c:lls.a: :;r..n, .econèe~ by CouncUun rroUch
aDd pa.sed u~:::~usly that the a1:Nta. of July:, be .Ipproved .IS aub-
flUted,
~t ten Coaœu:i,:,¡t fODs
-55
rol.1 c.ll
i
!.iautu
!.pproved
JcCiDI City Ma:¿,er Rydar introduced a letter received frea the C. s.
Department of C;_rce. Bureau of CeDau.. nquelt1nl that the Cit)· of cenaua
Capercino cooFer~te with tbea 1: . follovup count in the City of Cupertiaolfollo~p
of _y persons vbo might have been =1..ed in the fint count. the toras I'
w11J. be .v.lla~:e to the public at the City HaH.
lirA ltJdar alSQ received a written COWIUD1cation fro. Hr. Iobert Deapsur .
-'1,--1111, the ':e:Úal by tha Pa=1D¡ Co_ission of Applic.tions 11-Z-70 ¡appeal
... 12-U-70. Also received too ute for inclusion ou the a.anet. _s 11-%-70 ·
_ appeal of the approval hy the Pu=iDg Co_iuioD of AppUcation 12-\1-70
~70, These :we aeparate beartca_ have been scheduled for AuIV.t 17,
1t10,
k was IIOved by Counclllllan Noel. seconded by CouncUman Grean and p....cI
_s.ously thA: tbese two _ceer. be beard on August 17, 1970.
A cJt.1rcl co_ur.~:~t1oo received b7 JIr. Ilyder requested clar1ficat ioa of the
Irr .pproval c: preliminary clr~. for the Comaunity Center Building
~_ JIr, Hedle!. who saicl that Ia1.s feeUng vas that the project bad be.n
MarinI
.pprovotd
c:J¡¡rlt1ca·
tion
requested
~~ 2
"'uk
cm:inu.,i
nu approved -: "
n~ !uad. ~ e
1.öri:ten
....t~r1zatiOD
"ri:ten
.- =icat1_
:.:>:,,)ved
- ~....;=dlng
, .;:,etary
:~::,~duced
. :...-:.vel
:.: ice
::~;:: project
,.~_ loprov.-
-e:::
i:~:e Order
'c~~~sted
r..t::·..t. Ord.r
~pr:'Qv.d
. r-:¡losal
_.:1: :o,t·¿:ed
,
.
.
.
of the Cit]' Council, þ~ 3, 1970
CC-5S
_ Co ...t"atione (cont1øaed)
aDd, 1Iued upon tlds concluaioD, cODtinued vith tbIo wrkiDa
, . Ud Men info~ CO the contrary by the C1C)' "'''·Ier
dIac work CIG the drav!Dp eboald be .topped.
SCob. napondecl that __ the dravlDI. ware pr.....C... to the
C-CU, tlley war. DOt .,ps:owed at thet tiM beca.... fUDlla ar.
anilabl. yet to proc.ed vida the building. Be funhel' IDdIc:ated
f1md. for ill. bu1ld1Da dep ded on the results of the JIi.._ber 3
E1actlOD.
Itr,ror av....t.d that, iD the futur., instrç~tions be authoriz.d aød
forth in fv.ll in writ1US from the City Hana¡er's offic. before pro-
vlth project. 'lUCh .. thú.
~,.. .øved by Councilman Creen, s.conded by Councilman Frol1ch and
UDaDiaausly that the writteD communications b. fil.d,
I
C)ral Communica:l~ns
!
~~1Da City ~¡er Ryder intr04uced the nev Recording Secr.tary,
~lor.. White, ::: the City Council and the audience in the Council
r-....r,
,
"pOrt of Co==;s$ions dnd Co=mitte..
Council RepuH::Itativ.s
¡
CcUDCi~ Fr:::i~h stated that the Transportation Policy Co=aittee
~ti=a which ~5 held rec.ntly vas a fairlv low-level ...tins but
~r. progress s~uld be made in the near future in this relard.
ÌSayoI' Stokes s:~:4d that he has been in contact with Mr. Pott of the
:5a:ata Clara c.:~:y ~bl1c Worka Department ngardlng the County enur-
~ iDto a j~i:: proj.ct for i1provement of Stevens Cre.k Boulevard.
1k1Or Stokes ==::inued, if a program could be worked out iD this regard,
¡It would SOl~4 ~ny of our problems with traf:1c and access ~cross
=:;ens CruJr. := the Stonydale Park. This also will cut down on
, astion a: :h~ opening of t~ nev secti~n of freeway onto Stevens
¡Creek Boulevar!. The mayor then requested a ~lnute Order indicating
~el'..t in p~:'suing a joint project vlth the County for improvement
¡Of tbe aectio: of Stevens Creek Boulevard frc= DeAnza Collese to
~_;" ~".~.
It __ .øved by CoUllcllman Frolich, seconded by Councilman Green and
usly passed that a KiDute ~cder be entered indicating the City'a
,úcer..t in the proj.l:t,
11aaD Fitzgerald reported that a joint Planning Council Proposal
been iDtr~uced to th2 general ..mbership of the Planning Policy
tt.e vbic~ was discus.ed and turned over to the executive committee
cbaDae.. Be said this proposal vlll shortly be appear1n¡ before
City COUDCll.
Minutes of the City Council, August 3, 1970
leports of Commissions and Committees (contin~d)
Mayor Stokes reported there was no meeting of the Inter-City Council
this week.
MaJOr Stokes also reported there vas no meeting held of the League of
California Cities,
Councilman Frolich commented that th~re vas a large turnout at the la.
A8sociation of Bay Area Governments meeting and it vas decided tha~
discussions would be held between the City and the various other
agendes involved as to plans of each, The General Plan for thr. Bay
Area vas accepted,
CouncUman Noel reporteö no meetinj of the Flood Control Advisory
eo..ittee or of the Santa Clara County Vater Commission this week.
Councilman Cr~en indicated there was no meeting held of the Solid-
Waste Committee of the Planning Policy Committee.
Planning Coomission
1.
Applicat.ion 14-TM-70 from Ralph G. Rodrigues for a Tentative
Map to divide .376 acre into two pa1cels, located on the
easterly side of ~lcClel13n Road, approximately 700 feet
east of Linda Vista Drive. Recommended for approval by
the Planning Commission on July 13. 1970. (Continued from
July 20, 1970)
C-55
age 3
various
meetings
discussed
14-TI'.- 70
legend
Mr. Sisk presented slides relative to the area in question and dis-
cussed the proposa~ which includes the division of an area of 16,400 I
square fe~t into two parcels. He said that a flag lot is to be created
at the rea= of the property, but it was a concern of the Planning
Commission that the orientation of the dwellings in relation to the presentation
land might pose a problem and. as a condition of approval, recommended
the final %ap be drawn in such a manner as to reflect a l2-foot flag
approach to ~!.:Clel1an Road so that setbacks will cO'llply to the zoning
regulations. Another concern was the access from Parcel 2 to McClellan
'Dad and it was suggested as a further conditio~ that it be required
. turn-around be located on the parcel to allow vehicular access from
Parcel 2 to ~IcClellan P.oad.
Councilman Fitzgerald requested that he be allowed to abstain from any
discussion or vote on this ~4tter in that his office is directly in-
volved in this lot-split application.
Mr. Dick Pacheco, 1960 The Alameda, San Jose, California (a realtor
representing Ralph Rodrigues) offered to answer questions.
Councilman Green moved, it was seconded by Councilman Noel and unan-
i~usly passeJ by the members that Application 14-TH-70 be approved as
recommended by the Planning Commission.
Architectural and Site Approval Committee
1, Application 437-HC-69 from Federal Signs, 1521 TermtnalAvenue
San Jose, requesting a blanket ap?roval of all the ~hop signs
co_nud that the question on the shopping center sign is that the
130 square feet of space viII be taken up by the shopping center idcnti-
,fication a:d the tvo store identifications. He then referred to the
¡possibility that future stores desiring identification would not have
;the oppor:::=tity to be included due to the above restriction in size. He
~dded that the height and surface of the signs comply with ,he ordinance.
~. De=~~:er remarked that the interpretation of the sign ord~nance vas
,that toa:::.l::::::I "may", not "viiI" or "shall", be on the Iiot.opping center
.sian aa~ :~is becomes an internal problem of the shopping center owner
;to ded¿e. as long as the signs cot:ply with the ordinance.
!counCi¡r~::: Fitzgerald suggested a condition be made in the ordinance
,that o:::.:oa signs are placed in a locati"n, they should be kept in t!le
!sa~ 1oca::oa and not relocated on the building.
I
;City At:or:::ey Anderson replied it is within the power of the Council to
,impos~ :h:s .1S a condition of the poarmit,that no chänge of the sign
positior. .:: removal of the sign be ~de without permission being granted
¡by thoa ~o~:::.:il for same and, personally, felt that this should be shown
Ion the p'er.:.it.
three mai: !:~vor S:o~e. felt that
siga ques:ions :l)'bla:::~e: approval of
on Mel"\;.'a·. and 3) the
raa. 4
:1..-41
fcooe1Duell
t
~
t·
aSp
locacion
signs
within
ordinance
owner·.
choice
condition
suggeste':
condition
vithin Coo.;;.cil
po,-,er
signs in
COD? I1mee
437-HC-6!i
approved
4S4-HC-70
leaend
.
.
.
nutes of tbe City CoUDCil. August 3, 1970
CC-55
rch1tectural and Site Approval Co.-1ttee (continued)
at the Cro..r~ Center and an additional vall sip for Mervyn's
Store on the wac a1de of the buildiDg. It.e~adecl for approval
by Architectural ad Site Approval Co..tttee OD July 22. 1970.
, leDevich shoved ,UAI.. of the dps proposed for Atwocl JIIportl
(with the &dditioD of pbr.... "on ths square") ¡ the Hørris Fabric sip
to be done in red acI turquoise blue ecrylic paint and the Kervyn sign
tbe vest side of tile building; he then offered Phs.. A through E for
11 review acI approYal.
..id the two si¡aa for Acwood Imports and Morris Fabric Itorss would
on the front portion of che bul1d1:1g and located one foot under-
eath tile face of _. and that the size of the Kervyn dgD would be
2' x 17' on the vest side of the building.
only three quoastions were involved in this issue:
all signs subt:itted, 2) approval for the sign
shopping center sign.
Mr. !!e:::~\'::!: indicated that all three of the items are in compl1ance
¡'witb th~ .::Jinance as far as sign soatbacks, footage, etcetera are
concerned.
lIt vas ~ved by Councilman Frolich, ~conded by Councilman Fitzgerald
¡and vas u:::.1:::imously passed that Application 437-HC-69 be approved as
recommended by the Architectural and Site Approval Committee.
2.
Ap,:ication 454-HC-70 from Sterling HoM~S, Inc., 489 Division
St:eet, Campbell, California, requesting approval to install a
è-f~ot masonry fence at the l'O-unit townhouse complex located
!Unutes of City
CO~il, August 3, 1970
.
Architectural and Site Approval Committee (continued'
off Foothill Boulevard ard north of Stevens Creek ~ulevard.
Kec~nded for approval by Architectural and Site Approval
eo.aittee July 22, 1970,
JIr, Benevich presented did.. and discussed the 6-foot IUsonry fence
!llllieaUna it would consi.t of pre-calt concrete panels, 12' x 6' high.
.&a be vent. on vith his cU._.ion, he shoved eXØlples of tbe typa of
vall the applicant had in IIiDd for the area.
Mayor Stokes reflected that the City of Milpitas had used thi~ type of
fencing alons the freeway aød the poles eventually rusted and had to
be replaced by concrete pillar., He suggested a condition be imposed
that the fence be installed to the approval of the Chief Building
Inspector.
It vas moved by Councilman Fitzlerald. seconded by Councilman Creen and
p58sed unanicously that Application 454-HC-70 be approved as recommended
by the Architectural and Site Approval Cocm1ttee, subject to the satis-
faction of the Chief Building Inspector,
Parks and Re~reation Commission
There was ~~ ~eeting lno quoru~) according to a~enda.
Water Co==:~si~~
Mr. Yarb~r:~~~ ~aJ nothing to adJ tu the ~ater Commission cinutes of
July 29, ::;~0.
Public He~r~~
There \;ere n" public hearings scheduled.
Ordinances
1.
First reading of Ordinance :0:0. "to7: "An Ordinance of the City of
Cupertino Designating Stop Intersect ions."
Mr, Yarborou~h _"mmented that this is a coopilation of ordinances pre-
viously ena_teJ and is just a matter of updating th~se ordinances.
It ",as CIC\"ed ¡'y Councilman Fltzlerald, seconde': by Councilman Frol1ch
and unani~us:y passed that Ordinance ~o. 4&7 be read by title only ~nd
that the ~~y"r's reading of the title constitut~ the first reading of
the ordina.'\.:e.
Resoluti.:-ns
1.
So. 103S: "A Resolution of the City Coun~ll of the City
Cupertino Allowing Certain Claims anJ ne",ands payahle in
Aaounts and from the Funds as Hereinafter Descri!>e.! for
and Ioiages for Payroll Ending July 28,1970."
of
the
Salaries
CC-.5.5
Page 5
iscuss10n
nd slid..
y chief
Ida, insp,
suggestion
of condition
by uyor
454-HC-70
approved
Ord. 4h7
1st reading
Res. }03R
legend
Pale 6
.... 2038
.pteeS
.... 2039
1eaend
!tes. 2039
adopted
Ras. 204()
legend
Res. 201.:'
,¡dopted
~_e5. 2(;..:.:
:eg..n~
Res. 2042
adopted
.
.
inutt!l of the City Council, Auauat 3, 1910
CC-5S
eolutioDS (continued)
t va. moved by CouncllaIUS Ifoel that Raeolution 2038 be adoptecl and
by CouncilaaD GreeD,
Counclluo Frol1ch. Fitzgerald. Noel, Green·, Ml!yor Stoke.
: 5oDe.
t: BoD..
So. 2039: "A auoluUon of the City Council of the City of
Cupertino Allov1D& Certain Claims and Demands Payable in the
Amount. and fro. the Fund. a. Hereinafter De.cribed for
Miscellaneous and Geøeral Expeudltur..",
t vas mowd by Councllaan 'roUch, and .econded by Councllaan GreaD
.hat Resolution 2039 b. adopted.
,
I
jAyes:
~..:
~.ent :
'3.
C~uncilman Frolicb, Fitzgerald, Noel, Green, Kayor Stoke.
Sona.
:sane.
Xo. 2040: "... Resolution of the City Council of the City of
C~rertino Desiring to Estab~¿sh a 'Jeemed' Retirement Sy.tem
~~rsuant to Section 218 (d)(6) of the Federal Social Security
A.:t" .
It was mo.e: ~y Councilman Frolich, and seconded by Councilman Fitzgerald
that Reso:~:i~~ 2~0 be adopted.
Ayes:
~es:
A:'sent:
.t..
C:~~~ilman Frolich, Fitzgerald, Xoel, Green, Mayor Stoke.
Xo~e.
~::e.
:;c. 20~2: "A Resolution of the City Council of the Cit)· of
C~rertino Accepting an Offer for the Services of a Public
~~~~beroent Consultant to Assist the City Council in Seeking
Q'~ÚiÏied Candidates for the City ~!anag"r Position".
It was mo.e: ~y Councilman Frolich that Resolution 2042 be adopted and
seconded ~) Councilman Fitzgerald.
Ayes:
:;oes:
...bsent:
Councilman Frolich, Fitzgerald, Xoel, Green, Mayor Stoke.
X.:>ne.
x.:.ne.
':nflnished Busines.
, ~.
~iscussion on definition of family as contain~d in Zoning
Ordinance.
t:rgency O:-d.
220M dis:U5se¿ Mayor Sto;~s r~quested Mr. Ryder's comments regarding the Urgency
,Ordinance ::CX, to which he respond~c! by reading the proposed wording
; of the ordin.1nce.
.
.
hiDutes of the City Council, August 3, 1970
oaf1Disbed Business (continued)
Hr. Sisk inquired as to haw this would apply to apartment renters aDd
Mr. Iyder responded that, to his knowledge, this ordinaDce would prevail
owwr all ordiDSDces.
MtorDey ADdersoD indicatecl that the words: "ona Utchan, one bollae, ODe
.._4 of people related by blood"are key words in tbis definition of
f..ny,
Øts. ADlar of Mbnta Vista caae forward from the audiuce and questionecl
eM effect of this ordinance upon vidovs and vidowra who VSDted to have
. live-in co.panion, to whicb Attorney Anderson ..id that a single peraon
~d be covered within tbe present definition.
c-ss
Page 7
overall
application
key wordiq
discussed
sudience
discussion
~ØI~ilmaD Fitzgerald made the suggestion that tbis be changed to include change
DOt .ore than two persons so that one could have a live-in companion suggested
and DOt be in violation.
Councilman Noel inquired as to the effect on fraternities and sororities
or friends coming to stay with a family for a month or so and the di.-
cuasion continued aœong the Council membera.
Edna Bow of Drake Drive, Cupertino, related a bad situation existing in
the neighborhood where she r.sidea. She said one of t'e homes is being
uaed as a boardin~ house, is run down, unkept and that several of the
yo~g people in the area have been accosted by some of the boarders.
Councilman Frolich suggested that the R-l Ordinance be acended to state
that two unrelated people can live in a home.
Mayor Stokes agreed with Councilman Frolich that the R-l Ordinance should
he amended,
Hr. Ed Updegraf of Drake Drive, Cupertino, urged passage of this ordi-
nance and suggested the ter::, "foster children" be included in the
definition.
other
applications
existing
¡situation
I discussed
I
R-l Ord.
amend=ent
suggested
tere
suggested
Councilman ~el 3nd Councilman Green were of the opinion that there must
be other exceptions that might come up in the future and there must be ! exce?tiona
another vay ot ~olving this problem other than by passage of this ordi- ldiscussed
DanC..
Councilman ~P.l continued by saying his feeling, personally, was that ouncil~n's
be could not 3pprove this issue inasmuch as there were too many questions com=ents
left unanswered and a high probability of mil-:onception in the future.
It was moved by Councilman Fitzgerald, seconded by Councilman Frolich
that Ordinance So. 220M be enacted as an urgency ordinance.
Ayea:
"s:
AJtsent:
Councilman Frol1ch, Fitzgerald, Green, Mayor Stokes
Counc ilman Noe I
None.
Urgency
Ord. 220M
enacted
"'e8
&-Control
problems
discussed
co=1:tee
suggested
initial
~epcr::
~uggest..d
p::.:.t'dure::.
:~o ::'étai:~=
E-:c:ltro~
cO=~:1ts
~-;:q'.,;este¿
'!r1.nOD
letter rf'::a-:
i:es. 204'-
re3d
iRes. 204-,
adopted
.
.
inutes of the City Council, August 3, 1970
cc-ss
Unfinished Business (continued)
2,
Discussion relative to procedures and composition of
Architectural and Site Approval Committee.
yor Stokes began the discussion by indicating his concern .s to the
amount of time spent on procedure. and composition of the Architectural
and Site Approval eo..1ttee and that blanket approval methods have DOt
rked, matters have been gone over ite_by-item and the Council is
not satisfied with the progress being made by the Architectural and
Site Approval Committee at this time. He said he, personally, feels
the problems couid be attributed to three things: I) Architectural and
Site Approval Committee DOt being aware of what Council is looking for
due to poor communication, 2) the possibility that professional help
is needed to get the best results and 3) perhaps Architectural and Site
pproval Committee members feel th~y do not have the power to make demands
when the necessity arises.
Councilman Fitzgerald vas of the opinion that it was No. 2 above and
suggested that. a committee be formed to report to H Control.
Councilman Frolich continued by saying that reports are probably needed
~ith suggestions and recommendations as are received by the Planning
Commission and City Council and this would possibly stimulate better
¡discussion. He also said that the City Manager, Public Works Director
I~nd Chief Building Inspector should discuss matters together and work
out how this report should be prepared as to implement their conclusions.
!Arting City }bnager Ryder indicated perhaps part of the problem might be
¡that the existing ordinance specified every procedural detail and felt
¡that in the future it might be wise to have the rules and regulat ions,
:3d~inistrative in nature, approved by the City Ccuncil and filed with
Ithe City Clerk. He continued he was against procedural matters being
lincluded in ordinances.
I~~yor Stokes suggested this discussion be transmitted to H Control for
¡their information and co~ents and also requested this item be put on
the forthcocling agenda for further discussion.
).
Adoption of appropriate resolutions and minute orders relating
to ~ovember bond issue.
IMayor Stokes read a letter from Mr. Stocklmeir of the Trianon
agreeing to negotiate and set up terms regardin~ the building
passage of this measure in the Bond Election.
foundatior
prior to
Acting City Manager Ryder read the contents of ~esolution 2046 and in-
quired as to questions from the coun:ilmen.
There were no questions and Councilman Green moved for adoption of
Resolution No. 2046, it was seconùed by Councilman Frolich and unün-
imously passed that Resolution "04ó be adopted.
4.
Request to Board of Supervisors to incorporate Bond Election
with Ceneral Election in November.
...
.,
HiDutes of the City Council. August 3, 1970
Unfinished Bur-ine.s CCODtin f)
Acting City Manager ayder ~roduced Ordinance 470 and requested its
.....se on first readiDc.
It _s moved by CouncH f'roltch, seconded by CoUDcilaan Fitzgerald
ad passed by a unaD~ 1IIIIKe tJaat Ordinance 470 be read by title O8ly
aud that the reading by tile Actiq City Manager conatitute the first
reading.
s.
Resolution ... 20'7: -A "solution of tbe City Council of
tbe City of Cupenillo Requesting tbe Board of Supervisors
of Santa Chra C-ty to Provide for the Consolidation of
a Special HUaiciral !oDd Election witb the State of California
General Electioli to be Beld November 3, 1970".
Councilman Frolicb moved, it ¥as seconded by Councilman Fitzgerald and
passed unanimously that Jtesollation 2047 be adopted.
Hr. Ryder brought up the sab~ect of the cut-off date for submission of
arguments on Bond Elect10c _r.ares being that of September 11, 1970
with priority being gi78n to the City Coun~il Ca. mentioned in the
Election Code) to present sr. ..ts "for" or "against" the measures.
Attorney Anderson rearl a letter be recently received from the fir: of
Orrick, Herrington, T£NleT ¡ S~tcliffe regarding fees for serJices for
acting as Bond Counsel a:W: reco=ended approval of them.
Mayor Stokes questioned t~ letter being sent to Attorney Anderson and
not to the City Manager, t: which the attorney replied it was probably
done out of professional ~=~~tesy inasmuch as he is acting as Associate
Counsel in this action.
It was moved by Council:&: ritzlerald, seconded by Council:an Frolicb and
unanimously passed tèat t~ fee schedule, as presented by Orric£,
Herrington, Rowley & Sutcliffe, be approved and tbe followi:)g vote
vas taken:
Ayes:
Noes:
I.bsent:
Councilman Frol~~, Fitzgerald, Noel, Green, Mayor Stokes
None.
oone.
Councilman Fitzgerald the: .eved that the City relinquisþ the priority
right to the Board of the TrUDon Foundation so they _y prepare the
argument in favor of the ~ measure for the Trianon Building with
right of review by the City Co~cil, it was seconded by Councilcan
Frolich and unanimously p-sred.
Sew Business
1. Proclaiminl the ~ of September 6tb as Bobby JCemaedy Football
Week,
Councilman Creen IIOVed t~ the request for proclamation of tbe week of
September 6th as Bobby ... lIy Football Week be approved, it _s seconded
by Councilman Fitzgerald aDd ---ftfmnusly passed.
CC-55
Pale 9
Ord. 470
introduced
Ord. 470
fint read
ina
Ites. 2047
legead
Res. 2047
adopted
cut-off
date
Bond
Counsel
fees
fl e
·chedule
approved
priority
rel1nquista-
ed
procl...-
tion
approved
Page ];.~
:1114.
4llia..., .
with
r.c~ -&--
tion
low bW
apprØ'Nllf
les. 2r;.:
legen4
.
.
Minutes ~: City Council. Auzust 3, 1970
cc-ss
New Bus~~ess (continued)
2. iteport on b1å received for resurfacing Volfe Jtoad ...~
Stevena Cr~ek Jov)."ard and Route 280 and award of contract.
Director of Public Voru Yarborough indicated five bids had been
received. ranaina fro. a ~ bid of $14,014 to a low bid of $11,993,
for the =u"rfacing of Volf. ~ad between Stevens Creek Ioalevard and
lIDute 2';0 a:><i reco ~_.. _rd of contract be given to A. .1. laiKh
Coapany AS low bidder.
I
I
I
It _. :o::-:è<i by COUDci~ Fitzgerald that the lov bid be approved
and the =:~:ract avarded _ recollllllended, lt vas seconded by Councilman
Frolich ~¿ u:>anillOusly ....-'1.
Conaent C¿le~r:
(a) ~esolutil)n No. 2041: "A Resolution of the City Council of the
:::y of Cupertino Y~L1ng Its Order Describing the Boundariea
:..signated as ·'Sa1.c:' 69-17" to be Annexed to the City and
::ie=ing Annexa:1.a= to the City without Public Hearing a.
: ::·.-ided by Law"'.
!tes. :r:..: (b)
legend
:....:lution Ko. Z::'4~: "A Resolution of the City Council of the
::::- of Cuperti= A::o;:>ting a Select Syst£m of City Street....
aunici..a.: (c)
i2prove~::.5 .
t
~::e?tance of ~~1.cira: improvements in conjunction with the
:: :::....ing project:
Consent
Calen¿a:-
a¡>jlrovei
title
approved
_ter
bill
ac tion
acLiitiona:
sculpture
costs
Tract 4735 - 5c:erset Square (Ditz-Crane)
It was ~O~i: .' Councilma~ :itzge=ald that the Consent Calendar be
a?proved, .- .as seconded ~7 Ç:~cilman Green and unanimously passed.
~port of .::::ers
:ity Staff
It was move; O¥ Councilman G=eeo. seconded by Councilman Frolich and
~aD1mo~sly ;.l3sl.!d that t}-~ :~:.le, "Cupertino Scen~" be used on the
~gazine c:~:: 35 recommeo¿~ by the Acting City ~bnager.
~ a point :: :~:ormation, ~. 2yder brought up the fact that all unpaid
~ uncolle:::::e accounts be:¿ ~] the Water Department will be turned
~er to a cc::e.:tion agency. ~ the future, if not paid after a 9o-day
;.eriod .
,
j
~ letter ....as :..:ently received by ~r. Ryder from Mr. Blessinl indicating
-.~t at the :~e the costs were originally submitted for the Cupertino
~J.&za sculpt:c:e ....ork, the pre-cast tree bases had nl)t been included.
~ total ccs: :er the 74 bases would be approximately $3,700. Mr. Ryder
requested Gu::~=ization froD the Council to negoti&te with the sculptor
os t~is additic~al fee.
...
-
l~es of City C.:-uncU. August 3, 1970
- . .~ ..£ Officers (continued)
8DVed by Ccuncilman Frolich, seconded by Councilman Fitzgerald
4wnusly passed that Hr. Ryder be authorized to negotiate with
.-lptor for the pre-cast tree be_a,
u_
...
de
Br. .,!er requested approval frea the Council for payment to be made
~ ~ .-aunt of $5,000, as set forth 10 the original agreement with
Br. 1n_1og, which vas to have been payable upon the signing of the
~r~~ for the sculpture work.
u wa5 WEr/ed by Councilman Frolich, seconded by Councilman Fitzgerald
....s _imously passed that Mr. Ryder be given approval to forward said
gf $5,000 as previously agreed.
qea:
SDea:
aseac :
Counci1~n Frolich, Fitzgerald, Noel, Green, Mayor Stokes
None.
None.
~. !1:porough, :~rector of Public Yorks, showed a map upon which were
~~~e¿ various vater projects and requested authorization from the
~~ .0 comp1e:e thr~ugh Phase 2 of the Oferating Water System which
a aÑ==ximately '::le-thir<1 of the total plan propos"d.
I: ~ moved by C:~:lci1can ~e1 that authorization be given for the
~:t~~~n throu~~ Phase 2 of the deficiency report on the water
syst~. it was se::nded by Counci1can Frolich and unanimously passed.
Ãeco~.~on by ~~~.:r cf ~on-agenda ltees
:Oucc--~~n Fitzgerald suggested that the ~yor mention two applications
rece::=:y voted UF'::I by the County Planning Commission at the Inter-City
:o~~ ~~eting .:~ Thursday evening as part of the items to be brought
~ ee==re the Board of Supervisors on August 12, 1970.
~~~n Frolich expressed his appreciation for the plaque recently
pre5e:~ed to hi~.
~~~~nan Fitzgerald inquired if the overnight and out-of-toWD recrea-
t~ activities had been cancelled, to which Parks and Recreation
~r~.~r Parham responded this is only a temporary situation and a
~ system is presently being adopted by which the City }mnager is
aaYi~ of all activities proposed by the Recreation Department and
rh... are to be a~proved before any final plans are to be made.
~~~'man Frolich wondered about the supervision of children and
sua_ted arrangeoents be made by tbe Council to certify adequate
sape~ion of all outings.
~. Parbaa said that there is, on the average, one leader for every six
r~i1~ on these overnight outings and one leader for twelve partici-
,.-t. _ other excursions.
cc-ss
Page 11
nelotiationf
authorized
initial
paywent
r~quested
payaent
approved
water
¡>ro;ect
aut r..c r iz-
tioD
requested
auth.
ap¡>r:;.ved
applica-
tioes
mentioned
apprecia-
tioe shown
acth·it1es
disc o,:ss"d
supervision
queation"d
adeq..ate
lea4era
Page 12
cOllplaiœ.
indicated
exceptiOD
acted
discussion
,~uggEsted
!
i
I
I
.
joint r.tee~i~¡
discusse¿
pi!rsonne:
,;;:c;teI:l s:or;-.=y
sl!gges~~
:"1~eting
3djo'~me¿
.
.
~utes of the City Council, Augas~ 3, 1970
CC-S5
&ecognition bv Mayor of Non-agenda It_
Councilman Fitzgerald commented OD some children being late in return-
Iq from out-i)f-town excursions. .. continued by sayin¡ there had
1teeD ten very irate parents -~1Da vbat had happened to their
cbildren "fter one of these oueiala'and felt, personally, a respoo-
sible leA_er would have called aad øoe1fied the office of any delay.
!!Ir. Parham repUed that on the t-ALJ.calar evening in question there
_ DO one in the office aDd tbae dais is an unusual situation. Be
said ordinarily there is always... VD8 waiting in the office for aay
_rgency calls that might occur.
Councilman Green suggested a discussion between the
~. Parham might be useful relaClq to the programs
parks and recreation facilities.
City Council aød
and use of the
'The Hayor remarked that all prosr_ of the Parks and Becreation
Department should be reviewed at a joint meeting of the City Council,
tile Parks and Recreation Department Director and the City !lanalter. Be
said all overnight activities are to be cancelled until this meeting
i$ held and requests for out-of-tOVD excursions are to be submitted to
, ~he City ~~na&er for review and approval.
~~yor Stokes indicated that discussions have be~n held between Hr. Ryder
and himself as to a personnel SYSt8C for the City ~f Cupertino and
suggested that a study be under~aken of the possibility of adopting
i! Personne] Code for the City. 3e then appointed C:mnci11ll3n ~oel and
Co~ncil~an Green as 3 Council $~co:c!ttee to prepare a report on this
, I:;a:ter ...hieh is not to include i::ple::entation until appointn:ent of a
:.= City ~:an3,er has taken place. This Sub-coccn1tt~e also is to
review the retainer for the City Attorney and submit recommendations
for a new resolution.
!
t J.djoumment
I
I It was moved by Councilman Frolich, .econded by Councilman Green and
~anicou~ly passed that the meeting be adjourned.
!be meeting ...as adjourned at 10:45 p...
APPROVED:
1./ ~~p~ ~ ~~n~ne
Mayor, ity of Cupertino
ATTEST:
/./ 'hi. F.. Ryc!er
City Clerk