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CC 09-08-70 Cln OF a;PEITlNO. State of California 1Ø3OO Torre Avenue. Cuperd.Do. California 'fe1epboae: 252-4505 lWIV1~ OF 'ßI! JIIIIGULAK ftUlllIG OF THE CITY OOUIfCIL BELD SEPI'ÐIBER 8. 1970 III tHE OOUltCIL ClWlBD. ern BALL, \N&"UU.løO. CALIlOR.'UA _or Stokes called tbe -UIIS to order at 8:05 p.., and the assemblage was subsequently led in a salute to the flag. Jrøll Call Councilmen ~ attendance: Fitzgerald, Frolich, Noel, Mayor Stokes. Also in at:e~dance: Acting City M3nager Ryèer, City Attorney Anderson, Planning ~i~~ctor Sisk, Assistant Planner Cevan, Director of Public Vorks Yar~:r~~h, Chief Building Inspector Senevich. Parks and Recrea- tion Super.is~. Carol Bartunek, Assistant Cit~ Zngineer Vis~ovich and Recording ~è~retary Dolores ~ñite. Absent: Councilman Green. Minutes 0: :':e Previous ~.eetings It vas =~ve~ :~ Counci~an Fitzgerald, se~~nàe¿ by Counci:~an Frolicn and passe¿ :.::ani:.1ou>l1y ti...t th.. ...il1ute.. ,,~ t:'1! ",,,etiug v: ¡',¡¡,;ust 17, 1970 be a~rr:v~d, with Counci~n Noel abstaining from the vote due to his rr~'~:'¡$ ~bscnce. It vas the~ =oved by CouncilaaD Frolich, sec:nded by COUDcilman Fitzgeral': a::d passed unanÚlOusly, with Cou:~cilcan Noel again abstain- ing from t~e vote due to absence, that the ~inutes of the meeting of August 2~. :~;O be app~oved. Vritten ~__~icatioD8 1. ~'~st frOlD League of WOlDen Voters of Central Santa Clara ~alley for a Proclamation commemorating the 50th Anniversary of .000en's Suffrage. It vas mentioned by Acting City Manager Ryder that this item had been requested i~ ::lid-August and that the date of August 26 was originally ."IIested. ~Jor Stokes requested t~t the date suggested be made a ..tter of Acord only .1t this tt.e; it was moved by Councilman Noel, seconded by CouDdbun ž1tzgerald aad passed by a """"fp,nus vote that the request for a Pro.:l~tion '~ratiDg the 50th Anniversary of V_en's Suffraae be .;tproved. Oral COC!IIU!1i.:ations vtlliaa V. &.edley, Jr,. aD architect. ~ forward f~ the audience ... ,rea_ted a aocIel of the pzopos.d Cupertino C¡ ,.tC7 Center for tile c:o..cil'$ perusal. CC-S8 roll call minutes approved , procl~~ at 1011 a!l!)ro...~d : . I i j "'e2 i. . L" r- t S-d discuss~:n: of "fa:i.ly" def1nit~on Ord. 22:: Cs) ¡. ., - tea of tb& «:ity Co...·.,. ~_ar 8. 1970 CC-5I c IcatioM (cœ'" j) . Øedley iDIIic:atad tllac die _ter had ~ designed in tIIa Sp.-feh da type of pIa ~ of a Spanish tile roof, pl..ter V4I1la Sp-fch tatun ..... ---~ coloDades with a central courtyard, _ter _ daiped witla die idea in IIiDd of _king it c..,atibla th the n-...... Colü.e øddtacture, Be CODtiDued that the co.pla d be dirldecl into a HeiD, area for teenage gatherillgs, conference bus1Des. office a_. ~ ael Crafts .ection, a _tiDa ro_ ..... _lti-poa.-a ~. r Stokes thaDkeel Mr. R-"ey for tsldng the time to pre.aDt the mocJel the touDc1l with hi. IIC~ . ...,.ill& explanation of the elesi&D. "quest fraa COUDc1~ for removal of items frOlD consent calendar. upre..eel by ~er. of the Council for removal of it_. > reque.ts were ¡CIODSent calendar ì fZ. : . í ! :A brief explanation va. presented by Mayor Stokes and City Attorney 'Anderson relative to the elefinJ.tion of "fm::lly" in the cited ordinance. ¡ ,~. Stepn~~5~i requested further clarification of the definition and ,remarked t~~: it was questionable,in his o~~ feeling, as to whether this ;ordinance ~a5 one under the Lav of Man or the Law of God. I Councilman :ingerald responded that God does not come into this matter 'and ordina~,es are lavs of the City and are oassed in good faith for ,the benefit ~f all of the residents. I ( Counr.ilmac !rolich continued that society has had to establish rules for 'the welfare ~f all in order to live together in peace; and, in order not to infringe ~pon the rights of others, certain areas have been designated :for differe:t types of uses. He added that th~ ordinance merely defines ¡. use and is not a general definition of ~hat the term neces.arily means ¡to aU people. IMr. Step~o~s,i explained that it va. his belief, personally, that all f..n stould live together.. brother. under the Lav of God. Request from Mr. No. I, San Jo.e, No. 220(a). EdMard F. Stepnovski, Jr., 101 E. Williams Street, to address the Council relative to Ordinance So further co....nt. vera offered by Hr. Stepnowski and, when ..ked, Mayor Stokes indiC.3ted that JDethocJs and procedures are available for removal of this or any other it. frca the record if Mr. Stepnowski cared to check th the Acting City Ma....er. :s. Request fna 111.. Gale K. Itinzie,68O Sylvan Avenue, Mountain View, to address the Council relative to Ordinance 220(a). . . UDde v.. DOt pr....t 1D the audience to speak OD thia ..ttar, - tfi of the City Coundl. Sept8bcr 8, 1970 C-S8 age 3 ~ of Co-1nlODS ad r~ fttea ~ ~ 1 lepres_tati".. 1. Traasportation Policy r'. ..~~_ - Mayor Stokes - ..K' Stokes indicated that tbitl Co fttee will be lleeting thú week wJdI ODe priaary item on the qeada. This is the subject of a f t...1$rn ~..-- Meeting scheduled for tb1a _th which Councilman Prol1cb aød .. v1l1 be attending, 2. Planning Policy Committee - Couoci1aan Fitzgerald I~ ... reported by CounciI..aD Fitzgerald that the Executive eo.::ittee of die Planning Policy Committee _to and they wiJ..l be spending the next six .onths in a study of the Joint Planning Committee proposed recently, 3. Inter-City Council - ~yor Stokes ~or Stoles i~¿~~ateå that the 8atter of joint-planning policies had been discusseè :¿:0re the Inter-city Council and a member of the Planning! ?olicy Coccittee ~ould be available to make a presentation before the ¡'Ceeting ~lty Council. :~~5much as a joint meeting of ~he Planning Commission, rppoTts ~e Architectur^: and Site Approval Committee and the City Council is ~ be set for t~e near future, he suggested that this representative i ~ ~ited to ~e ?resent at that meeting. He asked that this meeting 4ate be set at :~e next Council Deeting. ~. League of :alifornia Citi.. - Mayor Stokes Jo.ccording to ~:a:..~:, Stokes, there... DO meeting of the League of Cal1for-, :1a Cities. He added that in the near future there will be a meeting bald in San Fr.1~,~isco (National lecreation and Parks Forum) and he str..sed that =e~bers of the City Council, Mr. Parham and members of ~ Parka and Re~reation C fssioo be present at this meeting. 5. Associaticc of Bay Area Covenments - Councilman Frol1ch ~rncilman Froli~h reported DO ...tlng was held of this organization, 6. Flood Contr"l Advisory eo-iss1on - Councilman Noel It vas reported ~y Councilaan 5os1 that no meeting was held during the _tb of August "f this cOllllU...l00. 6. Santa Clau County Water <=-i..lon - Councilman Noel JIo _etlng was held of thia c "·.ion. according to Councilman Koel. 7. Solid Waste eo..ittee of PJaRft"~1 Policy Committee - Councilman Creen .. the abseDce of Council-. Cr.... fl'Oll the .eeting. DO report vas ..,,-...ted. .... 4 SIpC. 21 ...u.c ...n-a _te ap- F&v.- 011 12-Z-70 .3-'-HC-69 ;::-esentation .3Q-øc-69 &;I;lroved ;.-Z-BC-10 ~re.entat1on . . lUDut.. of, the City CGuDdl, Sept_ber 8, 1970 cc-SI P1__ftfft. C f·.t.. I_to- ~ !be aimat.. of tile r...br ...tiDI of the P1·....4.. C pT...tecl to tile eoo.-41, 1, Sett1q ~ 21. 1970.. date for Public BudJIa - AppllO:- tiOD 12-1-70. Planøiq Diractor St.k pYe a brief øplaDaUon of this appl1cadOD indicat1lla that the øqueat __ for a B-Q ZOne 10catecl at the _tbeat COrDer of !'ooth11l .... SaDta Pauå Street, It vas aoved by CoaIK'Uaau !'it.erald, seconded by CouacilmaD l'rol1ch and passed by a '"'.ft4~ vote that Application 12-Z-70 be eat for Public Beariq on Septøber 21. 1970. Architectural and Site Approval eo..ittee The minutes of the last _eting of the Architectural and Site Approval Committee were presented to the Council ~embers. 1. Application 430-RC-69, David C. Thimgan, AlA, 1659 Scott Boulevard Santa Clara, requesting approval of parking area lighting, site lightin~ and irrigation system of :lulti-Access Systems, located at 19001 Pruneridge Avenue. Recommended for approval by the Architectural and Site Approval Committee August 19, 1970. Chief Building Inspector Benevich informEd the Council that this applica- tion had been recommended for approval in two phases, one portion beiq the lighting (Phase 4) and the other being the irriRation system (Phase B). He further reviewed the application by the use of slides. It was moved by Councilman Fitzgerald, seconded by Councilman Frolich and passed unanimou~ly that Application 430-HC-69 be approved. 2. Application 472-HC-70, J. Cyril Johnson Investment Corporation, 125 Willow Road, Menlo Park, re-submitting for approval the architectural design and materials for construction of a 119- unit apartment complex on Foothill Boulevard be~'~en Salem Avenue and Alpine Drive. Recommended for approval by the Architectural and Site Approval Committee August 19, 1970. Slides vere presented by Mr. Benevich which included, among ~thp.rs, the parking layout, preliminary landscaping layout, a rendering showiq a change of roof line to the gabled type with cedar shingles and the incorporation of the dark stained redwood and buff-colored stucco. Mr. Sandy, an architect from San Francisco, came forward revieving the site plan philosophy as being a cluster effect with a continuous green- belt surroundiq the buildings hnv1na many of tbe features of tbe Glen- brook project. Be added that the buildiDRs are basically of the HissioD type with ~he vindows staggered and the site plan bas not been changed from the previous spplication. e . ~nutes of the City Council, Sept.-ber 8, 1970 . Architcctural and Site Approval c_ Ittee (continued) It vas aoved by CouncU_n Noel, Mcoade4 by Couø('ix.an lrolich aDd passed __i-.r...ly that Application 472-BC-70 be approved as re- suba1ttecl. The ~a of die Parlts aDd -.creatloD C '-.1011. Vater C haton aDd Library C '--1oD _re ....itted for tile Wœ.ation of the Council, Public ....rt- 1. At...J ., .1__ Q\artter requesti. .aNnal of PlaDDing C fad "-1..1 of AppliClotion 11-%-70 aDd 12-C-70 for the re-zoning of approdMtely 1.032 acra located at tile ........t comer of ~-.te" Jøad and Maxine AveAne from St~Ie-'aa11y aesidential (al-10) Zone to General c-rcia1 (CG) Zone and for a Use Permit to allow ~truction of a ¡asoliDe service station. (continued from August 17, 1970) ~. Robert Deapster reo resented the applicant 1n this matter and centioned several factors to be considered in this application. These factors vere: the heavy volume of traffic on P~mestead Road (approximately 11,0OC cars per day), visibility aDd the fact that other properties in the area are similarly zoned. He then showed a r~ering of the proposed use of the one-acre parcel adding that it was to ftave one building located on the property vith he.", 1andscapin¡ surr:)unci1ng same. Mr. De~pster contic~d that this is a DOOt question which has already resu1te: in some di.a~reement at the Plann!~ Com=ission level and that a ~rketin~ survey indicated this property to be one of the best in the area for a 5erv~~e station location, He said the service station , opera:i~n will not di.turb the residents due to the considerable distance bet'."ec:1 the bays 8!!d :!1e homeS; and with the proper building, landscaping and b~fÏerina, this U6e would be cocpatible with the area. He added that this ~e would not ~e.ult in any conflict with the General Plan of the City of Cupertino, Mrs. Bol Hevey, 10831 ~arranca Drive, Cupertino, came forward to in- dicate her opposition to the proposed use belore the Council inasmuch as the future plans f~r the area did not, in her opinion, call for a service station. Sr.e c7ntinued that extra traffic would. be generated, cro$sval~ ~ay become a necessity resulting in the loss of school bussin~ f~r West Valley Cr~r 'School children and excessive noise _uld be a consequence Mrs, Shirley E. Odou c~ tended that,when she questioned the service station ..na~er across the street from the proposed service ~tation site, he discouraged the idea saying that once a good site is found for a ~ervice station location, everyone moves in on it and all i. ruined for ""veryone concerøed, C-58 .ge 5 472-BC-70 approved I I I I 4 111-7.-.0 ~ 12-U-70 explanation residents' opposition .... , ~I" ..,ar·-- nbuu:al bea~ closeol d1sc~ion 11-%-;:' aDd l2-U-7:> appr.....ed . . !liDutes of the City C&. ~1. 5epteaber 8. 1970 cc-sa Plabl1c Bearings (C'.oD~" ~ 111', I. D. røen1.uer of UHF !liar Lap Drive, Cupert100. oIÞjecucl to cbe .... on the gco' .a- ~ dvr service station va ~ a D.~...itJ 1D this particular ana .. ...---- service stations with .......J..r trAffic _1_ baYe recently .... . .. fe'.t this _s defiDite1.y - ~nper __ for the parc.l, L .. - -. dae additionsl fact that res1deDdal ar... are located on both ~ .. ... property. In rebuttal, Mr. D r.t- _ ,... a willingn.ss on the pare of tile qpl1cut to stipulace CO ... _"'_ination of an order ø:lsc~ aa1t iD the Meata Vista-CM &.s.. ~ on a mutual-exchuge .,..U for the granting of a Use PeødC 6Itc . ~dem station. He added tllac -.-....ti- tion would generate __ ~ in t!te area, all tbe tØrIt done at the station vould be co.ti1181 iDside the building and that the liabt standards ",'uld be 1-. 4_ ..- request. It was moved by COUDCi 1-- ftugerald, seconded by Counc1I3aD Frolicb and passed unanimously tb81 public hearing be closed on ~ application. Planning Director Sisk øøe:ed that the maiD concem of the ..laDDiDI : Department was the coapatihllity of this use to the General PlaD of I the City. He offered a pr_ution of slides which were de_d un- : necessa~. by the Council ðae CO their familiarity with the project ¡from previous exposure. Councilman Frol1ch indic.ateci his approval of the exc:~ange of an older existing station for a DeW ooe as an upgrading procedure and suggested this be incorporated iDLO ~ conditions of granting a ~se Permit. !Councilcan Fitzgerald agreeé, but was not convinced that another station ,was necessary in this area. I I Councilman Noel was of the c;:1Dion, after recently loolú~ over tb. ¡area, that the property í~lf was deteriorating and voiced his reserva- itions as to the noise fact:r saying a retaining wall wculd be in order ¡as a restriction of the r5e ?erait. IMayor Stokes commented ~t a service station was not va~id or justifiable las a use of this parti~r ~iece of property, in his opinion. I ¡It was moved by Council&a: Fitzgerald, seconded by CounciI=aD ~oel anð passed, with }æyor Stokes YCting no, that ApÐlicatior~ ll-Z-70 and 12-U-ìO be approved, subject to the 12 Sta~ldarci Conditions, Conditions 13 and 14 as oentioned in ~ ~:anning Director's r~port of July 24, 1970 and Condition 15, 3tat~ ~t the applicant shall subslt appropriate evidence and docuz'nts CO cbe Planning Director guaranteelDI the removal of an existing se..-,ice station facUity and prohib'ting the future use of the property invol~ed far a service station in the Monta Vista-Cupertino plannin¡ area, .. .. _-.._ of tbe City Council, Sept ·..r 8. 1970 ~ "4.. Bearings (contlnued) z.. .tppeal of Shirley E. Odoa ~-4 --ting reversal of Pl-4.. - ission approval of AppI...._ion 13-U-70 fo~ a UN PenI1t tIo operate a nursery school -.I child care center locaud a~ ... soutlNest corner of ~ load and Maxine Aveoue. (CllDtinued frOll August 17. 1910) pi 1_. Director Sisk referred I:ø the recent staff rr..port vbicb _ ....itted for the Council's laforaation and ..~åed tha~ the .. I.. Commission had rec· -..a-I approval of this applica~1øD U _.. ...ting 0: July 27, 1970. "'ject to certain ~oncliti_. Uter 6-4L.... investigadon, it vas -....."ered that a ,yximUIII of 140 children ....<I .... be enrolled at the nursery school based upon aD estØate of 6161 square Íi!i't of building space. Be said the property is a..q , . (Quasi-P~iic Building). ,x-58 Pasa 7 appeal 13-11-70 application revi_ JIrs. Shirley r. (,dou of 10924 Barraøca Drive, Cupertino. remarked that ~ Foposed cx of the property 1D question has been changed several I ~ and it ;.'3.$ her opinion that the outcome cf the recently proposed opposition _ would be " :<>trioent to the residents in t!:e near vic1nitv. She said I the ~raffic ~~~:i òe quite heav: throughout the jay time hours and early ...-b&, the :-=s~ients' backyarés are only abeut 2 feet fram the sandbox, I c~room and >.'it'!~ and slide areas behind the ~uilding. She added that a freeway exit. ser:ice station ~tion and nursery schoo' w~uld add too ~ congestic~ :0 the area. ~._.end Ric~~~;so~, Pastor of ~,ls Harbor Church, 185 Su~nt Court, YOioed his 0F7:s::ion and sugge5~d the buildir.c be converted into a Cbar:h as ori;~~~lly intended ;-~ further indie~ted this would i:.olvc ~r: little r=~;eling to the ~ting building. The original intention 0: ~ church 7:~~ had been to ~~e one buildir.g as a caretaker's hooe for ~keep of :~¿ grounds with .~~ larger buil¿ing to be utilized as a cba:r::b buildir.f· Br. ~ohn Donal~~n, 1 Southgate, 1edvood City, agreed with the psstor tiIa: tile buil¿:~ should be use.: as a church. Br. ~pster ,~¿ forward indica:1ng that he had no knowledge of the Cbar::b propos..: .1."1d recommende.: ~" ::latter be c.::ntinued until "he ~:ing of S~~::=~er 21, 1970, ~ that he coul¿ speak to the applicant aDd ~ther f~r:~¿r i~formation re:4tive t? the property ~ ális time, ~: "35 moved by Ca:mcilman Noel, seconded by Council:aan 7r~~ch and p..ssed unanimously ~: Application 13-U-70 be continued to cae meetin~ :f September 21, :970 for public hearing and discussiou. ~ ~or th~r. .1."1Dounced that ~ footbridge issue shown on the agenda ... recently s~~itted to the C~il for their review and ~be satter 1. come up fer public hearilll 1D the near future. p1 tug Direc:or Sisk added that :here is a r~?ort now available to dae public for their review re~". to the footbridge Datter. further opposition 13-U- 70 continued footbridge discussion - .... . .... .. . ..~ l'ri _ 468 t!IiJ -:~e; Ias. :~57 a:::pt~d IRs. 2OS8 .t<>p ~ed I . . JliDau. of the City eo--n. September 8, 1970 cc-SI J'IIblic JleariDp (ccmtL. I Ð B&,,.Dr Stoka callecl a n at 9:4% p,.. 81101 the -tiD& YU " I4.. .',.... to order at 9:57 ,... 1. Secoad readiJla of ~.. 110. 468: "AD ()rH..-ce of tbe City of CU¡¡ertino ....c:r9.~ . City Arc:b1tectural ad Site Apptj)IMl c:-1ttee, Pro'Sic1iD8 !'air die Appo1D~: of ~ -.an tbenof, Þ-defWng the h I.... ÞaU_ of Saiel c-1tt.. .w ..,-.14.. All Ordinances 1D ('_"4_ Berev1tb". Zt v.. aoved by CouDc1~ ft~era1d. seconded by CouDc1lJuD lfoel ad ~ passed uuanilllously that 0r4Ir rrea 468 be read by title only ad that · the reading of tbe title b7 ~ Mayor c:cmstitute the second reading J. of the ordinance, ~ · It vas then coved bv CoUDc1~ Fitzgerald and seconded by Councilman 50el that Ordinance- 468 be enacted. · Councilmen Fitzgerald, Frolich, Noel, Mayor Stokes Xone COlmdlman GreeD Ayes: Noes: Absent: Resolutions 1. No. 2057: "A Resolut~ of the City Council of the City of Cupertino Alloving Certain Claims and Deeand~ Payable in the Amounts and from the F':nds as Hereinafter Described for Salaries and ¡;ages for Payroll LacUng August 2S, 1970". It vas moved by Councilman FTolich and seconded by Councilman Noel that Resolution :03ì be adopted. Ayes: Noes: Absent: Councilmen Fitzgerald, Frolich, Noel, Mayor Stokes :\one Councilman Green 2. No. 2058: "A Resolution of the City Council of the City of Cupertino Allowing Cenain Claims and Demando; Payable in the Amounts and from the Funds as Hereinafter ücscribed for Miscel- laneous and General Expenditures". It vas moved b}' Counc1l.111an Fitzger ald and sec,mded by Councilman Noel ~hat Resolution 2058 be adopted. )"yes: Noes: Absent: Councll:nen Fitzgerald, Frolich, Noel, Mayor Stokes None Councilman GreeD a . Minutes of the City Council, Septe.ber 8, 1970 &asolutions (continued) eo.mrllman Fitzgerald added _ addiUc.nal item at this point on the rru.urer's report, indicadDg the City has a tille deposit for $150,000 to be placed on Sept..ber 9th for a period of as days and all banks who ban submitted bids are at 7-1/4 per cent with the esception of Barclays Bank at 7-1/2 per cent and Wells Fargo Bank at 7-1/8 per cent. In-_et-.. Barclays Bank was the highest bidder, it vas m"ved by Council=tan Fitzgerald and seconded by CouncillllaD Frolich that the time deposit go to Barc:lays Bank, A~: .oes: Absent: Councilmen Fitzgerald, FroUch, Noel, ~yo" Stokes None Councilman Green 3, No. 2059: "A Resolution of the City Council of the City of Cupertino Declaring Its Intention to Order Vacation of a Storm Drain Easement Within the City of Cupertino Pursuant to Section 50430 of the Govera=ent Code of the State of California, Fixing Time and Place fcr Hearing and Providing for Notice Thereof". City Attorney Anders~n explained tbat the time set forth is 8:00 p.m. on ~ctober 5, 1970 and reccaaended passage. It vas moved by Councilcan Fitzgerald and seconded by Councilman Noel tb~t Resolution 2059 ùe adopted. Ayes: Nees: Absent: Councilmen ~itzgerald, Frolich, Noel, Mayor Stokes ~"ne Councilman Green 4. No. 2060: "A Resolution of the City Council of the City of Cupertino Adopting Traffic Control Devices Near Schools". It vas moved by Councilman Noel and seconded by Councilman Frolich that Resolution 2060 be adopted. Ayes: Noes: Absent: Councilmen Fitzgerald, Frolich, Noel, Mayor Stokes None Councilman Green 5. Resolution 20b3: "A Resolution of the City Council of the City of Cupertino Approving ttilities Agreement No. 497-6~ vith the State of California, Depart:.ent of Public Works, Division of Highways". It was moved by Councilman Frolich and seconded by C~uncilman Noel that Resolution 2063 be adopted. Ayes: JIoea: Absent: Councilmen Fitzgerald, Frolich. Noel, Mayor Stokes None Councilman GreeD CC-58 Page 9 reasorer's report es. 20j9 doPtec! Res. 2060 adopted Res. 2063 adopted 10 .2OM cad " ~ Eater ec.uss!.cID appoinc.eDts approv" foo~b~e Public lliar- ins S_L . I_ for OctDiber 5 . .. "-eel of tbe City eoua"", s.pcCÜer 8. 1970 CC-~ -.lut1_ (CGD~t"nl) 6. Bo. 2Ø64: · A - ,],..4_ œ tha City Council of the ctt7 of ~ ApprCJVt.Jw T8K ... Stau.ent in Connection vida Spec:1.al1ODcl nacdlaco" Beld Bo4 LU 3, 1970". ,Me. _ 1aUoðDct1on ~ -~ __ Seoar-. it __ aøved by CcJoo-'I'.. Jfoa1 ... .aCH ~ . by CcvD('f' ~. _ l.leI that Jeaolution 2064 be Mopcad, . .....: ....: aalDt: C -a1..... ft.4I!1 ... to._cibIaD ,~ III ..... ~l1ch. Boel. Kayor StoJra. 1IIIfiDiabed ...iMu 1. City r_n to "JoaDI CO a 'er8OllDel Session for iDtarV1_ of applic.mts for ~ to Watar c-1ssion. It va _4 by COUDci~ -.,.¡, seconded by Councilman Fitzzera14 aDd unsnix-;:sly passed that the Council adjourn to a perscnmel se.sion. 2. City ~cll to reCOllY_ in opeD session. Appointllenta (I) Water Cœlùssioa, ne ...t1~S vas called to ~der by Mayor Stokes, who indicated the· followins ~~?OintDeDts aade by the City Council: ~. McCloskey - ~. Harrison ~r. Skiclllore - 2-yesr tera 4-year tera 4-year tera It v.. 1:>c'''Ñ by CouncilJuaD !'rolich and seconded by CoUDcilJllaD Noel that 88id appli=ants be appointed to the Water Commission. Ayes: Woe.: Absent: C=nc1laeD Fitzgerald. Fròlicb, Noel, Mayor Stokes s...ooce ':':=ClllllllD Green 3. Su~1ss1on of staff report on issueR rals~d by a request for a fooÙ~idge acros. St_ Creek between Phar Lap Drive and Crest'::1 Drive. 'lanning Ðirector Sisk r_ñecI that a report had been prepared _41 pre.ented for tbe City ea---u's reviev, and that he had DO presentation at tbis tiM. It vas ~ by COUDci~ fttzaerald, seconded by Counci~ Frolich aDd unan1Dously passed that the footbridge matter I;e brou¡ht up at the first aeetiD¡ In Octo'ø (October 5tb) for public hearq, 4, Sett1q of a Sept"'. cIde for a J~int Meting of the Cit:J Council. tbe P1anD1111 C-t..t~ eel the Arcbi':ectural and Site ApproYal c-1ttee for the .....~ HI of r."lev1ll& the procedure. for the pr_tna of applt~"" -. . . _ T- of the City Council, Sept .~ 8. 1970 ..,_.- ~ .. "'1Dess (amtinued) , 1Id.- - -- vere discussed UIOII8 t:w.. c-adlllellbers (Sept..JIer 22, 28 .. B) .... at the suaestion of .' '.. Director Sisk. the date of .J. - - rr 28 vas selected for the ,n. .-ad joiDt _t1ll&. __ - · -ra I. I T rt for waiftr of zODiDa .. _ pemit fees for property IotHPed at southwest comer of S~..11t.. load and HeClan.. JIoad\ It _ tile consensus of the Coundl . -n-a pr..ent that, if tha City .t r"" . to tave this ?&rticular parcel _.~. the fees should be .1' .- I' by the City and the waiver of the -111& be granted. It _ .øved by Councilman Fitzgerald. seconded by CoundlaaD 1fctel aIIAI P"""- unanimously t~: :he ,equest for waiver of :roning and use perait fees Ioe approved. 2. Alrtborizati"n f~~ Director of Public Works to negotiate witb the Cj.ty of San kse for a cooperati_ project to install a storm tb2in line en 5.:-:l1nger Road. ~ Stokes quest:~:ed Director of Public Works Yarborcugh as to vbedler the stor- ¿~a~:l line negotiat1ous suggested would be inclusive of t!I& area bec-occ:l ;::a:1cy 3nd Highway 9. to which ~r. Yarborougb repl1éd in tbe affir--1tive. It vas moved by Cc~:l::~ Noel, aeCODðed by Councilæan Fitzgerald and pas.... unanimously :::.Jt tbe Director at Public Works be allowed to ceao~te vith t!le C::y of San Jose OG the storm dr.tin line project. 3. Alrthorizat1":l f:~ Director of Public ~orks to re-negotiate tbe CDDtract for i::;-r.-vement of BoUÚlger Road to include certain resurfacing ~~t~i:1 the city lta1ta alona Bollinger Road. After a brief discussion, it vas _eel by Councilman Noel, seconded by c..~..:-1.blan Frol1ch a:lJ passed ".....t-l)' that the Director of Public Vorb be permitted t~ re-negotiate the contract for the illlproveD8nt of Bo11bl¡er Road resurfadn¡. 4. AaCborization t~ negotiate tr" of aurplus Blaney Avenue rilht-of- -.y for Mary A~e:1ue rigbt-of~ with Pacific Ga. and Electric , I.,..-ny. Paltlie Work. Director Yarborough r-, .-~.d approval of tbis authoriza- U_ to negotiate trade of the two dPt-of-1laya vith the Pacific ea. ... Ðac:tric c-pany on a autual........... bub. It _ _ed by Counc1luD Frolicb. a.cøDded by CouncUaan litzaarald ... f "~ with a ....."illlOus vote that the Director of Public Worka b. _m.rized to proceed witb tracle aeptiatioDa, CC-S8 Page 11 Joint _etillS Sept. 28 waiver of ZOUIIS aDd permit fees approved storm drain ! line db- , , cua.ions negotiaUonl ¡ approved : reaurfacing , negoUaUona ¡approved I rlaht-of-vay exchana. DeIOUaUOna approved ~e 12 .,loyee .pproved Jes. 2061 adopted aes. 2062 adopted i::lprovemec:.. approved perllit request . . __us of ùae City Council, Sept L.r B. 1970 _ Jlas1ness {~~:m-cl} C:C-SB 5. bqœSt far aclditioaa1 ...Jø7ee 1D Buildings and er--. Di.Yt.f-. ft __ aovecI ~ c-,.n-- Jroel. .H"DCIed by Councilman PitapnW ... _ -eel by a i__ vote of die C-cil that aD I!IIploy.. be ....... _ the B..f1di~ and Grn\IDðs Dtw1s~, - mt C-' . 4L la8olut1œ.~. 2061: · A __lat1on of the City Cowell of the City of ::a.;.ertino AccepdIIB Dedicat10n of 'Real Property for þP..... vay ~ from Pete Zaño .ud ADD Zarlto, located V..t 51_ of Sarat_S<:::Dyvale IDù Approsiaately 400 Feet South of Jøclrtawe Avenue"'. h vas move~ ::< \Äunc1l1Mn J(oe]. .-d seconded by Counc1bIaD Frol1ch that ~lution !'=. :-)61 be adopted. JIJea: Co-.:=o~:"en Fitzgerald. Frol1ch, Noel, ~.ayor Stob. ~s: No:>I! , .Absent: Co=,~:"an Green '£2. Resolu:~::: SO. 2062: n A Resolution of the City Counc1l of the ¡ City c: :c=e~tino Accepting Dedication of Real Property for 1øacIv.y I PurposES ::=-3:< ~ick J. Lazal1e'> and Viola ~~. ;"¡:3neo, Locateel HoJ'tb ¡ Side c: :.:::inger Road Between Cl1fden ~ay .1::" ~!art1nwooel V.y; . Approx~:::y 0.046 Acre". ~. , ¡ 11: vas mo,'e: ":., :.:ancilman Xoel aDd seconded b~' C~ncllaaD Frolich that I' ksolutlon :;:, ::éZ be adopted. ¡ ~es: Co:.=>:~:::en Fitzgerald, Frolich, Noel, ~~yor Stokas t :Jioes: l\~ ¡ Absent: Co;:..::.~ Green .3. Accept¡::e.:f improvements in conjunction ;:ith the following project: Cu,*~i~~ Gardens - Apartment Complex (51,089.1) 21230 Boae.tead Road I ~r was move:: :: ~uncilman Noel and seconded b~' C,)unc1lman Frol1cb that D¡lrovement5 :: :onjunction with the Cupertino C.udens project be çproved. a"e.: Co:::t.:.i:Jlen Fitz¥erald. Prol1ch, Noel, ~..1yor Stobs Jioes : No:Ie Absent: (0:='" ....... Green kPQrt of O!!i~rs 4 .acriDg Cic,- ~e~ Ryder introclac:ecI a request received fraa . . ., Security SerT:.:e of 1498 "e&. SOlI" Way. San Jose, that they be liveD a Justness Li:_e aDel perait to operate a private panol within the aty of Cuper.1Do. Hr. JtJeler acid_ that the Sheriff'. Ðeparc.ent e e _ -_ of tbe City Council, Søpt.-ber 8, 1970 · J ~ of Officers (cøntinued) ... ~ objected to this oqaaiucioD operating witbin tbe City aDd, IM~t7, be wished to requeat peØl18aicm of the Council for a r J' J Licea.e aDd pendt to be baaed. It __ ....d by CouDdllaan Fiulerald. ..ë:oDded by Councilman Noel ... _ rid ''1'-f__ly that B , ., Security Service be gr,mted a _..AI - License and permit to operate in the City of Cupertino, w.. ~"'r c_ -ted that Ccnmcil8an Creen bad requested the presenta- ~", a report on the activities ia and about tbe Tiffany Bil1arda ~__ be postponed until tbe next _tiag of the Council due to hi8 ....w froll the _eting. It _ lIDYed by Councilman Noel, seconded by Cbunc1lman Frol1ch and ,..... unanimously that this reque.ted report be continued until the ...tinl of Cctober 5, 1970 for public hearing. It __ .ullested ~y ~.r. Ryder that a tour be taken by the members of the Couacil of the Eillside Park prior to the dedication ceremonies aDd ~.-yor Stokes re?lied that it would be more practical to take tours 1DdlTidually rather than as a group due to the many commitments of each sember. A r~st WaI receiveJ by Hr. Ryder from U,N.I.C.E.F. to operate a 'Irick or Treat Dnve from October 23 to November 1 to raise funds. Be .aid that th~y ~3~~ requested a perm·t from the Council and bave received a~~rcval from the San Jose Public Solicitation Commission, and a4ded bis re"~~endation for the Council's approval. It vaa moved by C~uncil~n Noel, seconded by Councilman Fitzgerald &ad ~sed that a ne~it be approved for the U,N.I,C.E.F. Trick or 'Ireat Drive to be held October 23 to November 1. 1970. A q~tion vas raised regarding signatures on the three Bond Issue Ar~ts and C~~n"il:an Noel recommended Measures 1 and 2 remain tos_cher with 3 t~ ~e presented by the Trianon Foundation. It vas moved by C~uncilman Noel, seconded by Councilman Fitzgerald and ,....d ~iaously that the measures be separated as previously ...._t.d, It Maa aøved by C~un"ilman Noel, seconded by Councilman Frolich that tbe Kayor and City Council will sign the arguments in favor of Heasures 1 ... 2 of the !"nd Issue, ..,.. : IIoee : Counci1aen Fitzgerald, Frolich, Hoel, Mayor Stokes ~~ Counci~ Creen .... CC-Sl '''_ 13 ,emit appnwn TiffaDY report report continued tour suggest!!d U.N.I.C.E.F drive Ðermit appro'Ied a:eastore separation approved signatures approved ~ hie 14 i t:-.::= t ¡ ìþpr..ellt.... ~ :,,·co apprøw .~gional . :an .,~!lcussic~ .:tdjourMeDt . . JIþRoa of the City Council. September 8, 1970 cc-sa 'rffrt of Officers (contf--ed) ~ _..~ fttzgerald suaaesCed that Al Spiers,' former Manager of the - .. er of '-rea. be appointed official representative by the lÅ....ð.dl to our sbter-c1ty Copercino, Italy. inasmuch as Mr, Spien vt.U be traft1111g thTOUgh the city in lIIid-September. He alao ..se tbe lUIIestion that the ~r be authorized to forward a letter 1D tJda reaard aloua with an appropriate lII_nto. Ie __ lICIVed by CouncilmaD 1'itzgerald, "pconded by Councilman Woe1 and passed by a unani1:lOUS vote that Al Spiers be appointed as our official representative to our sister city and the Mayor be authorized to forward a letter perc.ining to s8llle vith a memento, IfaJor Sto1tf~s reported. for the information of all present. that a ...ci1lg is scheduled of the Peninsula Division of the League of Cal1fprnia Cities on Thursday, September 17, 1970, in San ~lateo c-ty. Xon-ARenda Items Hr. Alf Nodine of 10385 Prun~ Tree Lane, c8l:le ÏOn.'ard re<¡uuting cLar1fica:io~ oi the Regional Plan as to the commitcents of the City of Cupertino. ~cllma:l rr"Uch responted that the plðn hi's be"" subr.1tted for the Bay Area cities as a tentative plan and has not been adopted. t Mr. Modine voiced his concem that A.B.A.G. (Association of Bay Ana GcrJerncents) could become a fore oi gove~~ent instead of a voluntary organization. iie added his wish that the Council re-read this plan very carefully before any final approval is given. Councilman Frolich stressed his belief in home rule government and recognized t~e possible dangers of A.B.A.G., however, the best approach in his opinion vas to stay with A.3.A.G, as a voluntary orsanization and insist that it remain that ~ay ",ith no taxing powers, He continued that ~lementation is a great concern but he felt that there are many different directions ~~ich could be a result. u~ said it is not al\oTa,~ possi~l~ .0 ~~ tot~¡ly in agrce- aeDt with a proposal but felt it de..irable to go along with the aajority of the items presented in this case. Ad10urnment Ic vas .oved by Counci~ Hoel. seconded by Councilman Frolich and pasaed un3nilllOusly that the _eting be adjourned. 'I1Ie ...tilllt vas adjourned at 11:18 p,lII. APPIlOVED: 4 Auc.$& : /./ Carw C. Stob. Kayor, City of Cupertino /a/ WIt, ¡, bder City C1M1r._--'.........;.._~~_, . _. _._','-- --..--.--..--.-. ,