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CC 09-21-70 ) . . .. , l \L : I .y CITY OF CUl'ERTINO, State of California 10300 Torre Avenue, Cupert~DO, California Te1evhone: 2S2-450S CC-S9 KIIllUTII:> or Y1Œ RECULAll ~.EETING QF THE CIT! COUlIICIL IIJ.J.D Sr;run.a n, 1970 IN THE COURCIL CBAHIIER, CITY HALL, CUPERTINO, CALIFORl'IlA The meeting was called to order by Mayor Stokes at 8:05 p.m. and he subsequently led the assemblage in a salute to the flag. loll Call Councilmen in attendance: Fitzgerald, Frolich, Green, Noel and Mayor Stokes. Also in attendance: Acting City Manager Ryder, City Attorney Anderson, Planning Dire~tor Sisk, Assistant Planner Covan, Director of Public ~orks Yarborough, Chief Bui~ding Inspector Benevich, Parks and Recreation Supervisor Ann Cuny and Recording Secretary Dolores White. There were no absentees. roll call Minutes of the Previous ~~eting Council:an Frolich ~oted a correction on Page 3, Iteo 2, indicating that the reporting officer in this instance was Councilman Fitzgerald and not himself. It was then moved by Councilman Noel, seconded by Councilman Green and passed unanimously that the minutes of the meeting of September 8, 1970 be approved as corrected. !:i:':t:tes ap::-roved Communications Written I. From J. Iobert Dempster, requesting withdraval of Application No. l3-U-70. (See Item No. 28) Mr. Dempster confirmed his intention for withdraval of Application 13-U- 70 as per his written CGa»unication dated September IS, 1970. Inasmuch as a Use Permit nad been previously approved and a public hearing had been requested (Item No. 28), the withdraval issue was continued temporarily to be discussed in conjunction with Item No. 28. '13-C-70 : withdrawal ; continued 2. From Phillips Petroleum Company, appealing Planning Commission action on Applications 13-Z-70 and 17-U-70. (See Item No. 40) :13-%-70 & , :17-(;-70 This matter was cODtinued for discussion under I~~ No. 40 on the pending:continued agenda. I I . , . ,. ... Z ~ of the City CoulI,.t1. So. T . er 21, 1970 CC-S9 . Air 3. Additional co.,.. .. Written corres~ cleDce aral communica- tions Act:1q City Manaser Ryder ......v l' ... a letter recently recd."'" f~ 1.arzy Dawson, l0Z13 Portal,. .. Cupertino, requeniDg pe~ to '.D,--" at the -tin¡ of Ccta'" S. 1970 ¡-lIIarding a detertoratiJIs .1t__ idOD eainimc in Vi180D Pak -",.b baa turned into a public ~-_.. I A 1.£ter vas also recd"ed ~. c.1IIa a Fire Works perm.t for tile ,..r L1.9n. I , , A petition vas received. a ~ tiff wldch Md HeD prnioudy pr_ced ~o the Council aeabers, .t, . 1J)t 20 r_icleDta of lbaford ~- 18 .opposition to a reduction of ...-' s,1r requi~U fro. 20 feet: to .15 feet (Item So. Z6 on the.. .a...). An objection ..-as receivecl fro. !fr. a. D. ~tzer, Jr., 10060 Pb8r Lap Drive, CupertiDo, relative to ~ staff report On the footbriclae 18_. ~ 1. Re<;:;ut from eo-.Jn.::i:.ec f:>r r_al of itSlS from the cc~e~t calendar. :-=>ere were DC requests for sa1ci r.-oval of items at this t1ae. 2. C~~:ri~ut!on of :25.OC !~:' the planting cf a c~~~rative tr~ in the Hillside ?ar, area from the Kiwanis Club. A.=ting City ~.a::ager Ryder re:aarkeè that a $25.00 cùntribution h.að been re:~ived as 1:!i~ated in the ag~ and it was suggested by Counci1._n k~l and agre~ to by Mayor Stoites that an acknowledgment òe sent to ~ Kiwanis C::;Ò thanking the: for this gesture. A slide was t~eD offered by Mr. tyder showing the painting of La Petit ~~.anon recen:ly presented to ~ sister city of Copertino, Italy, by ~. Spiers (f,;,r:er Mayor of the ~ty of Cupertino). 3. Tele~hone cOllllDuni~t1øa. A telephone call vas received by !'!r. Ryder frcm a Sears represeatative relating that the original proposal of door-to-door solication (Itea So. 36 on agenda) would not be carried out due to a shortage of t1ae azr.!. thererore, a vithdrawal __ requested. 4. Open1n¡ equipmeDt bide. !Ir. Ryder intro<luced, 8S an ...... ..sua to the agenda, the equis-eat bicla to be discussed in the Dirrctor of Public Works report to the CouIIci1 at a later tise during the -ÛIIII· It va IDOved by CouncUmaa ~, seconded by Councilman CreeD aød paaaecl ----t~usly that the co.auaicatiøDs be accepted as presented. __~. of the City Council, S"'--- . er 21, 1970 . - L of C--~-!;ms T It Jepu.-f'uives 1. i crtation PoUcy ". Ittee - Kayor Stokes Tk ... IIayor indi::Ated that c.,., ....f1 holich and he atteu.ded a ......1.1 - '" =ec~:~ pertainina to die status of the &ctivit Ie. in each aq a1III add": t::at he would II:-. die Council mmbers inioraecl of tbe r-__'.. IUde ~ this regard. lie farther reported that the stucly OD ... .tablis!Du:t of a tra_i.t ö.st~i.ct is continuiag. 2. P1~;~ Policy C '~ee - Councilman Fitzgerald k __ report!!'; ~y Counci~ fttzaerald that t!lere would be a _tins ~ )f this c.~ttee on ~. September ~4, 1970. 3. Inte:--':ity Council - ~r Stokes AiccDrding t~ !'.1::."r Stokes, no _ti:lg was held of the Inter-City Council aIDð be had Do:' :-~:-crt. 4. Leag'"," ~f California ~tíe. - ~layor Stokes ~e was nc :-=:-~:t ~resented relative to the :~ague of Califor--1a Cities. 5. Ass:::'.1tion of Bay Area Governments - Councilman Frolich ~r vas disc::>=~ ~y Councibaac Fro~ich that t~e ~ext general meeting cd A.B.A.G. :'2 2.::>edt;led for Save=ber 19, 19ìC'. 6. Fl.:-..~ ':"ntnl MvisQry r> ission - CJuncilman Noel t]ae first me~:~::g of this c_ ~ a.ton is set f:r Xcvember 7, 1970. 7. Sea Clara County lõ.ater CoIzDission - Councilman Noel Ca -ilman S.:-ë: :-eported a -ti.D& date is presently uncertain for the -.e.r Coaaiss:':t:. 8. Soli': iiute Coaaittee of PlaDDing Policy Committee - ~i~ Green .. Creen c~ted that the C c:s- for an i...·ivtdual and C à ÖIIpOaaI sites. f ttee is still continuing its solicita- , to prepare a study of solid waste . ~ f~. Co--'csion 1. the IÚJlUtes of the .1 'I.. Commission vere ack_leda_ .. acct;tted for r."t.v 1Þy IIayor Stokes. 2. Application 22-Ð-67 f~ lart Avery requestina revt.r of ~nt PlaD - - - II (Glenbroolt) loutecl OD ~ ¡CC-59 :P.~e 3 I I , I ! I I j meeting reports 'minutes ac:cepted 4 ~: f ¡ ¡ 41scussiDn oppos1t~= YOiced further 41scuas1Ga i . I ¡ , 'Jø.stea of the City «:Do.,...n. Sept"er 21. 1970 ., CC-~9 Application 22-U-67 (CGDCtm.4) I I ~ f-. Director Sist. pr..-tecI d1cl.. of the prGpo." pI. (' '''ÙDI ~ the appl1cut vas ')..~-.. Pbue II of the Cleubroolt project, .. Aid the Planning C I_daD bad _laded that the 15-foot .etbac:b _ within the concept of tile oria1Dal plan and had 1Dd1catad their ¡-- andation Lr approval of tile appl1cat1oD. . . dte de_lopment, accorcl1Da to Mr. Siak, coaabts of a pcopoaad 162- ~t cOllplu exhibiti.. a variadoa of buildinc heipt.. Six of the 'e1&ht proposed bu1lcliDas bad tile pbled portion of the structures facing die property line with the r_iDiD& two buildings _tending to IS feet 'or the nort.i.ern line and the carports alao cœUnued to 10 feet of the saj.d propert:y line. Mr. S1sk then offered a plot plaD and ".he original 1'TOpGsal to the Council for their info~tion. :: ._ in a P (P1 T" Drnlo..-t) Zone..<t< 1_ for .. "roval by the P1._f.. c-iadon in Reso1udoa 101 OD Sep~_ber 14, 1970. Mayor Stokes asked the Plaaning Director if he va. aware of the petition i: oppo.iti~~ to reduction in .etback requirements recently submitted by 20 of the resiàents living on Rumford Drive and Mr. Si.1< replied in, the a!firmaUve. t:..,~ applica:-:. ~. Burt Av..ry of Avt~ry Construction Company, :-Iouno:ain 7íew, came :~r.ard to participate in a discussion of the proposed ¿e~elopme~: =~~enting that the drawings presented were of a schematic ~:ure evij¿~=ed by the ocission of sidewalks and detailing. He VeDt on to sny :~~: there would be no windows facinF the residents on au.ford except for :¿¿room \:indow. aDd opaque bathr~ ':i=dove in the upper ¡evel of t;,e unit. He added that the developl!!eDt vas directed towarcb ~ult livi~~ and no children or pets were to be alloved. Responding t~ a request froo Mayor Stokes for addi:ional CJ rnts, Mr. Puetz (C1ainr.an of the Planning Commission) ca~e forward aDd reported t;,at the plån developoent does not actually restrict the s~de yards cr :ack yards and further indicated that most of the hoaes i: the area were of the t~o-story design. ~. Terry ~~~ell, 21406 Rumford Drive, vas of the opinion that the greenbelt 1r~a vas very small, the ~nds of the buildings abutting the residential areas were not pIe, "ing and the swimming pools and carports appeared to be very close to the surrounding homes. He added that the 20 foot setbacks, in his belief, would be preferable. Councilman Green inquired as to the distance between the pool located closest to the residents and the property line,to which Mr. Avery ~..ponded that the pool vould be SO feet from the line with the lanai at approximatel~ a 10-fOÞr. distance. Councilman Froli~h comaeDted that minor changes of the plan could. in all probability,be ..de whereas si:abl. changes relative to .oviD( ltaildings woulà be of s subataDt1s1 nature. He then inquired as to - lit t_ of the City (' JUDcil, Septe.ber 21, 1970 .59 ale S Application n-U-67 (conti_cO ... au yard setbacks required OQ a siDgle-faaily dvelliDl aDd Hr. Sisk ....U... ebe aim- baa b_ _tabU.hed at 20 feet for the .ain .III. -t.... At dda ~Øe, Mayor Stoltu ... . clarification that the nbcIlv1aioD had _ .... iato Hr. Avery's back yari aad DOt vice-versa. *. C. E. ....,. of 21296 Ruafori Drlve indicated his favor of the plan ... ... in ag~_t with Hr. Mulrell that the 2O-foot .etbacks should .. 8ÚDta1Ded. ¡further jPpo.ition Aft_ farther discussion of the sl;e, it was IIOved by CoUDCu.an Frolich , ~~ the 20-foot setback requir..-at be enforced for the aaiD buildlngs ,22-U-67 i,awol"ed in the plan with the ac_sory buildings remåiDing in conformancedenied rich tbe _p as presented, The ~t1OD was seconded by CoUDCilman Noel ,as presented rith the following vote. I .J'8S: Counci~=,en Frolich. Fitzaerald. Green, ~oel and Mayor Stokes ...: None Ab.-t: None 3. Appl1:a:ioJn 16-n!-7C fro. Horst Klei::lann for a Tentative Map to coc=i:e two lot. inte ODe. located at southeast corner of Foothi:: Boulevard aDd Santa Paula Avenue; Lot. 29 and 30. "com::~ded for approval by Pfanning ~"CIIII1asion ltesolution No. 80:, August 24. 1910. Prior to disc~ssi:~ of the application in q~stion, Councilman Fitz~erald reqaeated to a~s:a1n froa the vote in this :atter due to his 1nvolve- ...t in the .pp:i~a:ioo. It ... recOØDen¿e~ ~r Mayor Stokes that this issue be joined with dbe related 1s.~. ~lt.. No. 21) for a caabined vote, 16-nf-70 :t_porarlly continued I Architectural a~ Site Approval C tttee l 1. The &1nutes for the Architectural aDd Sit. Approval eo..lttee inutes ..-tin¡ of September 9. 1970 accepted for r.v1~ by Mayor stokeiiccepted 2. "co.Deødation for approval of Application 298-HC-70, Albert A. i Hoover , Associates. tor a 3' x 10' ground .ign for Quantor I Corporation located in Vallco Park OD HoIDe.tead JlDad, After a bri.f discussion durioa which it was confirmed that the proposed I ø1p vas iD conforllance with the Sign Ordinance requir_enU, it was IDoved:298-HC-10 ~ Councilman 1>oe1, seconded by Couøcilman Fitzgerald and p....d .....nt-ou._,approved 17 that Application 298-HC-70 be approved. . rage 6 391-HC-69 d1scuss1oa on Phase A =':~!le E :~sc'.Jss!.c-=. 391-HC-6~ ?has.. A approved, Phase B ~"ntinued . e JlfDat.. of the City COO·....jl. Sept_ber 21, 1970 Arc:bitectnral aDd SUe ApproYal c-ittee (cont"....ed) oc-s, 3. be ....ifotioD for approYal of Application 391-~9. Sean. -.oebuclt aDd C ~....", for a concrete ret."....W1C -n at the aortheut comer of Sean property on Wolf..... aDd for area l1¡htiJla 10 the parlWla Iota of this ... pparty, Cldef 1u1ldiDg Inspector 1-- .lch abowel alid.. of the CWO rata1DiD& walla :IIIIIicating that tbe ...w,,_ beigbt ~d be 4 ieet, usilla the laDdsc:apiDg '_ a b.... Hr. ~etb MeDdia, Coustruct1cm AdaiDistrator represenCiIIa C2Iarl.. Lucban Cœ;>any, cont1Dued tb~t the average height __ 3 f.t. 3 1Dc:b.. for tbe total lelllltb. Councilman Frolicb asked vh!' the retaining vall bad DOt baeD atended up- _rd for one or two feet above the aaphalt for utilization as botb a bumper and ~overage for the, underllide of the parked aut_bile... Mr. Hendia :':1dicated that a dual blDper was planned near the retaining vall with a curb ahead of that to stop the wheel of the cara. He added that :~e planting of a climber type of plant w.. propoaed for screening t~ese cars. ~yor Stokes sU2~ested that an explanation be given as to the light1n¡ and Mr. Be~e~:'ch reported that the proposed light standards would have lOOO-~att :~~~:s. i~ûr on ~.ch staDÙard. Tn~ original height proposed was ~o fee:. ~~e~er, the Architectural and Site A~rrov31 Committee re~~en~c= :~at a 30-foot standard ~ith 3 :-foot, 6-inch pedestal be appro_ei .it~ a conditio~ that shielding be used on t~~ aides to protect t~< residents in the area. Mr. Mendia. i~ resronøe to an inquiry froe Cvuncilman Frolich as to the after-hour :~~r.t1ng, cOŒ:ented that the procedure usually followed vas to leave :~è :ig~ts on for about one hour after closing or until the e=ployees ~a~ g~ne home. Concern .as ~x?res.ed by ~~yor Stokes i~ reference to the lightin¡ in- tensity an¿ ~e re~uested further cl~rific3tior. be oade by means of ca~culatio~s an~ ~dditional study efforts. p.~ ind1~ated that he could not offer 3 ;onclusiv~ vote based on the in:cr=ation given and recommead- ed the appl:;ation be re-scheduled for he3rin~ at the September 28th .eeting and :hat the electrical engineer be present for discussion at that time. It vas move¿ by Councilman Green, seconded by Councilman Fitzlerald and passed ¡'y a unanimous vote that Phase A, pertaining to the retain- ing wall, be approved and that the he3ri~ relative to the area lighting (Phase B) be postponed until the meeting of September 28, 1970, c~enc- iog at 7:30 p... The motion vas passed by a unanimous vote of the members present. 4 Miautes of tbe City CouDC11, Septeaòer 21, 1970 Arch1tect~al and Sice Approval to.Pittee (continued) 4. hc:-encJ.U.onfor approval of Application 437-RC-69, Modern JIeou eo.p&ny, for a 2-1/2' x 13' vall sip for lt8s's Stride Ute Bootery; ...s. for a 3' x 16' val:' si&D for Tho. HeAD Sboe Store, (loth atores are located at CroaarC*Ù Shopp1Da Center,) . After a discussion of the p~opoaed application, it ... .oved by Council- _n Noel, secoDded by CouDc11Jun Frolich and passed ........4....1y that Application 437-HC-69 be approved. 5. !ecOllllllenÙ8tion for approval of Application 437-BC-69, Ad Art, for a 3' x 16' vall sign for Country Casuals located at the Crossroads Shopping Center. After Sig~ Ordinance conforaAnce was established. it vas &oved by Councilcan Xoel, seconded by Co~~ci1man Frolich and passed unanimoualy that Application 437-HC-69 be approved. 6. Recommendation for denial of Application 474-HC-70, West Valley Sign Company, for painting of surface lettering on front and ~o sides of Hoyt's Furniture, 20559 Stevena Creek Boulevard. Council=4n =r~lich requested clarification of the objections of the Architec~~r;: and Site Approval Committee which led to their denial rec- ommendati:n ~f this application. Mr. Benevi;~ reviewed slides explaining that tbe Committee felt the sign design c~~:l ~ave been tcproved, they objected to signa being placed on three si~e$ :f the building and requested the applicaDt return with a revised ren~~~1on for their appraisal. ~DCil~n :r~lic~ suggested that applicants be given definite specifi,a- tioDS t~ ~~~ ~bem in preparation of an improved sign presentation and further inl~;3ted that the objections of the Architectural and Site Approval '::=1ttee r...ined unclear to hila. It va. =·.-e': !)y CounciI.an N_l and secoDded by Councilaan Creen that Applicati:n .7~-HC-70 be denied. Ayes: lIoe.: Absent: ':..:>un.::ilmen Fitzgerald, CreeD, Noel and ~yor Stokes C:uncilaan Frolich Sene Parks an¿ L?.::reation <=-18sion, Water Commission and Library «=-iasion There ~ere co .eetints reported of these coamissiona, Pul-l1c Beuings 1. Application 12-Z-70 from Hor.t ~le1aann requasting praaoDing of approximately .358 acre located sautheast corner of Foothill Ioulevard aDd Salata Paula Avenue fro. a SiIIIle-faaily a..idential I ¡ . tc-S9 '<"e 7 , I '437-HC-69 approved j , 437-HC-69 approved 474-HC-70 discussion . ,474-HC-70 ¡denied 8 Z-70 " f:-- r ! . · i ! · JIImIt.. of the City CotlO("l1. Sepuaber 21, 1970 · t Plablic ~rln&. (cont1,..--') I . CC-S9 , I I ! (Cowley ltl-10) Z- to Quaai-PubHc (City BQ) Z-. ~encled for ~cwal on August 24, 1970. (See It. 10. 29, thU .- "-. for the first readina of Or.B-. No. 469, if .....'~_....) , er- .. n- Fitzlerald rdC___ ;00 ~ application. his request to abstain f~ the vote ; .,__i"l Director Sisk .taG.,_ slid.. and explained that the applicut , :_ requesting tbe cODSOl:1&tacioD of Lots 37 and 38 into one lot, with flr-eDUCiOD. dedication of 10 feet for Che boulevard, for the purpose of erecting '. l4-bed convalescent home on the property. He said tbis application bad been recccaended for approval by the Planning Commission. fUbl1c hearing closed l2-Z-70 .~J.'rov~ ló-nt-;~ aT>prcv~ 13-0- 70 d_ied I :The applicant, Horst Klei-.nft, advanced for discussion of tbe application and subsequent to this discussion, it was moved by Councilman Noel, seconded by C~uncilman Creen and passed by a unanimous vote tbat the public heari~g be closed, with Councilman Fitzgerald abstaining from the vùte. It was furt~er moved by Councilman Noel and seconded by Councilman Green ~t Applica:ion 12-Z-70 be approved. Ayes: ;:.,.,.,"dlmen Frolici.. Creen, Noel and }layor Stokes Soes: ~~~e A:stain: C~~"cilcan Fitzgerald ADsent: :\one :n retumin~ :~ Item 17 ur.èer :he topic ..ntitleè "PIF.n.,ing Commission" it was move: =: Counci~n 50el and secondeó by Councilr4n Frolich that A~plicatior. :t-~-70 be approved. Ayes: Soes: Abstain: Absent: Cc~ncilmen Frolich. Green, Noel and ~ayor Stokes :\c::e Cc~n_ilman Fitzlerald :>oDe 2. Arreal of Shirley E. Odou requesting reversal of Planning C~ission approval of Application 13-~-70 for a ~se Permit to ~perate a nursery school and child Cûre center located at t~e southwest corner of Homestead Road and }laxine Avenue. (Continued from September 8, 1970) After requesting comments from the audience relative to this application, it vas moveè by CouncibDan JOel, seconded by Councilman Creen and passed uøanimously that public hear1D& be closed. It vas then ~ved by Councilaan Fitzgerald ~nd seconded by Councilman Frolich that Application 13-U-70 be denied. Ayes: JIoe.: Councilmen Fitzaerald, Frolich, Green,Noel and Mayor Stokes Nooe 50ne ....nt: .. ... Minutes of the City CøuDçil, September 21, 1970 . CC- 59 ,rqe 9 I I C'cd..-....e. 1. I1r8t readia& of OrdiD8OCe 10. 469: "AD Ordfft.ftce of the City of Cupertino Mending Section 1 of Orðfft.ftce No. 2 by ~aBODiDI a Certaia PortiOG of the Coaty froa a Sinal... f.-ily ...ideDt1al (lll-lO) ZOGe with the County to a Quaai- Public (IQ) Zone when Annexed to the City; Appro-ri-uly .358 Acra. Locat;ecJ Southeast Corner of l'oothill JIoul.vard aIIII Santa P_la Av_". It _ IIØftd by Counci~ Hoa!, secondecJ by CouDc:l.bIm1 Green and pus'~ _ftf_ly that Ordi1l8llCe 469 be read by title cm1y aIIII that the Kayor'. reading of the title COD8titute the first reading of the ordinance, Aye.: Noes: Ab.tain: Ab.ent: CouDcll.en Frolicb. Green, Noel and Kayor Stokes Rone Councilaan Fitzgerald None Ord. 469 ,Fir.t leading 2. First reading of Ordinance No. 471: .. An Ordinance of the City of Cupertino Amending Section 1 of Ordinance No. 2 by Re-clas.i- fying a Certain Portion of the City of Cupertino from Single- f..ily Residential (Rl-IO) Zone to General Commercial (CG) Zone; Approximately 0.962 Acre Located Southwe.t Corner of Homestead Road and Maxine Avenue. Councilman Green stressed his opposition to the enactment of this ordi- nance .tating that he had checked the property and felt it would be a mi. take to accept the offer made by the attorney representing the appli- cant in this matter. He ~equested that it be made clear a. to what property would be exchanged in this issue. Ord. ;;.71 opposition ~yor Stoke. inquired a. to whether the service .tation in que.tion wa. to be demolished upon approval of the Planninl Department and Planning Diractor Si.k re.ponded by reading Condition 15 of the subject ordinance. dtsc:!ssion It v_ mentioned by CoUDcilaan Frol1ch that the problem of removal of abandoned .ervice .tation. has been in exi.tence for .oae time and vas in agreement vith Hr. Green that the City should have a choice as to whicb .ervice station was to be raDOved. He questi-oned County Permit. in effect and deed re.trictions. A discu.sion ensued pertaining to permits and deed re.trictiona and PlaDDing Director Si.k remarked that any site .ubmitted would be pre.ented to the City Council for their review and approval. . Councilman Frolich reco.aanded evidence be brought before the City CoulICil as to deed restrictions being placed upon property and further that deed re.triCti0D8, ollCe impo.ed, be irrevocable. After further diac:uaion, ~yor Stoke. indicated hia qra_nt vith CouDcl1aan Green, hi. 10 an. 471 ftnt "'ð1Dg ;¡'2S. 2065 ~¿cpted '-"5. 2066 u:opted . . ; ___ of the City Cøuncil, s.pt.-ber 21, 1970 , :Ck.. .. (conti_d) CC-S9 : I~ _ _ed by CouDc1bIaD 7itquald ad aeconded by Cot...,,4 bIaD Frolich c-. OøIiDaDce 471 be read by title 0Dl1 and that the ~r'a r..'""II ¡at ~ title constitute the fir.c K9.A4~ of the ordift...... í C :......: Councilmen Fitsg.ra14. Frolicb. JIoel ; ....: Councilman Green aDd IIeJor Stokee ... r .c: l(oae : A£ dIb tDe the ord1DaDce __ ~ 1D ita entirety by ActiDg City lleDager 'II;). "- for the inforaation of aU pr_t, -..cthatioas I. No. 206S: .. A Re.olution of the City Council of the City of Cupertino Allowing Certain Claims and Demands Payable in the Amo~nts and from the Funds as Hereinafter Described for Salaries and Wages for Payroll Ending September 8, 1970". A::er a reading by Councilman Fitzgerald, it was moved by Councilman Noel a:å seconded by Councilman Green that Resolution 206S be adopted. A!ts: 11"---. --~.. Council~en Fitzgerald, Prolich, Green, Noel and Mayor ~toke. None 4 A::~:: None Yo. 2066: .. A Resolution of the City Council of the City of Cup~rtin~ All~ing Certain Claims and DeMands Payable in the Amounts and fëom the Funds as Hereinafter Described for Miscellaneous and General Expenditur..... A!:",~ a reading b," Councilman Fitzgerald, it vas moved by Council::lan Noel ~ se:cnded by Councilman Creen that Resolution 2066 be adopted. A,7es: !:oeos : ësez:t: Councilcen Fitzgerald, Frolich, Green, Noel and ~yor Stokes None None 7:!:~:shed Business , Re-submittal of re1uest by Sutter Hill Development Corporation for modification of conditions imposed on proposed service station at southeast corner of Stelling and Homestead Roads. =eques t =e-submitted~. Ja~k Taylor, representing Sutter Hill Development Corporation, 3~tter Hill appeared from th~ audience reviewing events leading up to the re- saba1ttal in question, indicating that $130,000 had been expended for t.provements in the development and adding that had Albert.on's Market proceeded as scheduled the development would have continued. . , ! I Pqe 11 .. . . . . CC-S9 discussion joint ceeting Sept. 28 park n=e discussed Linda Vista chosen Route as overcrossing cooperative effort indicated ~_ of the City Council, Septe8ber 21, 1970 ~""'.hed Business (continued) _11_ referring to the plot plan. JIr. Taylor indicated that the _r's ~"_1 intention was to build a croup of .bops in conjunction rich a_ ~'s Karket and ina~" _ the 8arbt building had not proceecled, .. _ t bad been ..de for COId:~ of construction in the sboppiDa __ Be said the two main q_u.oaa _n: 1) Could the restr1ct1oDs be ~ Iwred on the Gulf Oil pendt 1£ tbe sbopping area is developed aad 2) - 'A there be cy objecti_ to tbe sbopptna area devel~t pro- -~ iaBediate1;r? p1I I~ Director Sisk indicated tbe Use Panit on this service station IYMI eaq,ired on April 7, 1970. A ~ication vas made by Mayor Stokes that this Use Permit would have to Joe reinstated through the P1_h,g c-tssion in order to be effective ... ...ed that a possibility ~sted of additional conditions being 1m- r r~.. a result. 2. Setting of a date for a joint meeting with the Planning Commission and the Architectural and Site Approval Oo=m1ttee. Tbe Jiayor infor.:>ed the Council meabers that the subject meeting had been set for Monday, Sè?teober 28, 1970, with the adjourned City Council .eating beginning at 7:30 p.m. which would continue into the joint -tlDg. 3. Selecticn of a name for the Hillside Park Facility. Tbe øaae of Linda ,ista Park was suggested by the Parks and Recreation Deparcaent as t;'è .>fficial n=e for the Hillside Park facility and it ... interjectej ~y Acting City Manager Ryder that this was tbe st:¡¡e .uggestio~ subcitted. BsJor Stokes recarkèd that most park names reflected the location of tbe facility and offered his favorab~e comments in this regard. It ... aoved by Councilman Frolich, weconded by Councilman Fitzgerald aDd passed unanioously that the Rillside Park facility be named Linda "lata Park as suggested by the Parka and Recreation Department. 4. Pedestrian overcrossiDg of Route as in the vicinity of University Way. Discussion of the City Council's willingness to participate in the financing of the overcrossing. b) Authorization for City staff to !\.n;)tiate with the School District and the County to ..tab! ,h the proportions of their contributioas. a) NJUc Works Director Yarborouab lave a brief explanation of the it_ in ... rU_ and it was IIOved by CouDc:ilaaD IIoel, seconded by Co~'I1c11aan ~_ aDd passed by a unan~ vote that the staff indicate the City'. t Page 12 . . , _ ~.. of ~~ City Council, Slr - . er 21, 1970 CC-59 1IIa£1D1shed !c.siness (conti,[ r I) _'nf.._ to participate 1a ... P~>I11 ued overcrossing of JIDvt. lIS - -~.ted by the Director of ...,.. ..~. ,,_ ...i_ 1. Solicitation PendC r _ r frca Sears, Roebuck aDd r. _ , . ,11...r-- - ~dslng~;:o a Dreviousl,. - · , - ' aepresentaùft requesting vfp- , CIloI. _ pursued ~y ~he Coundl. . oral cODDun1cation fr_ a S . .. 1 of this request, this _ccer_ b' 81_ , icease :'pprcmlli: Clu&t:er Permit: discusS'"-=. 2. Iss=nee of pendC at -..u Weisz Company, Inc. for a ~. Li::ense to conduct a 4ay public auction at St. Claú/JP1eld !~lding, 10240 B~ ~. ~ vas move¿ ~y Council1ll8l1 1Ioel. ,..ssed una-<:!C:;sly th!:: the 1. fer the sai: ?~~:ic auction. .. ,_ded by Councilman Fitzgerald aød -~ of a Business License be apprøwed A.I: this t:i=¿ ~y:'r Stokes a('Ir-i.eðged the presence of several yocths :observing t::¿ ::i!e:ing in tbe """«-ce and welcomed them to ~he _tiDa· A re:ess ~~s ~=::cd at 9:5~ ÿ_2_ aDd the meeting re-convcncè a: l~:OO p.m. 3. R¿~i¿.::: proposed CeTe~opaeDt under County Application File :::. ::-:.4 located 0: 5::outhvest corner of Stelling Road aDd ~:::¿::3n Road (&3-2.4) Zone. A drawing .~> ~"'i!3i!nted for tl:e :::o-.mcil's study whUe Planning Iarcctor ~~sk explai~¿¿ :::3t the County ~d of Supervisors changed the z~ on =Lis prope:::: ::: RJ-2.2 and a Q~ter Permit is presently under ccDSidera- ::::'on. He s~i¿ :::i! catter r.ad :ee:s brought before the City Council for a zefinite p:si:i::: on the issue. ~. Sisk c:i¿:::i!: the Council to ~e project reporting that the property ::~nsisted :: 9.9 gross acres ~ it is proposed to construct a cI~ter ~evelopmen: ::,~isting of l32 ~ts to be sold injividually at a later :ate. He s~i¿ :::e area is s1.cg~fa:1.1y zoned a~d, with roadways removed, =be density 3~¿=3ged out to 18 =:us~ers per acre with a gross basis of approximate:: :3 to the acre. !>e continue': :::3: the parting ~ropo8ed was 1-1/2 spaces per dwelliDa unit Which is less :::3n City standards (2 s~aces per dwelling) and r~~ested ::be Counci:' S ?èsit1on in chis regard for presentation to the County Board :f Supervisèrs. In addition. the plan generally indicated 20-foot setbacks with 50 per ::e::.: open space. D1e appl1ca:::, ~.r. Bill CroueU. 1300 Oak Creek Drive, Suite 106. Palo ~to, Califè:-:1ia, introduced slUes and photographs of an existúla develop- _t in the Coc:.)rd area sayiJlc that the plan was designed to prcnride about ! . -------.--- . .. ... -_ of the City Council, Septeaber 21. 1970 ct-59 : rap 13 __ "'iDess (continued) SIt .-s calt open 5]'ace .md SO per cent CO'II'ered space coDSutina of buU,d-' J..- ... parking areas. He then shoved . CDSIp8r1son of old treac.ents ... _ aocI pointeè out the ....aderiDrg .1"~lItS, recreational faciUty .... Ju ø~ing poo!. (aaintaioed by die "'ooroer's Association). . app1f...ttt's -duplex, four-plex and six-pl~ ca.btDatioaa, and proposed '".. .1ptioa _.. .. ._AS. The blÜldings were to haYe _.1r. roofs with 4-foot ove1"halllP _~ rooms 10 strategic locatioaa. c:.rþlØ'ts beina iuvisible froa the .... -. patio fencie¡¡; aDd moclern light futures, He 88id the prt.ary ~ J¡-"-ind the R=:1dtree devel<1c rt _ CO provide high-quality, _ - uly priced ::~"sing oriented tovuds people, open green space, _~cectural am"~':ies and having 1,000 square feet as an aver..e per .-i.t. He expressed a willingness to dedicate any portion which J .... be requireè for a public street. ....1-... Yorks Direc:~:' Yarborough mentiDDe<J the access and egress to the y:rr4 lIS units inai:ating his feeling that. due to the traffic pattern, a pl611.c right·-of......l:.. was not a oecessity but that a circulation change . . Decessary :;:0 ?rovide a choice of direction. C; il....n Frolic:: '.as of the opinion t~t the McClellan access was im- ~ and ~layor 5:,:¡"es suggested that the roadway be one_ay only ~ ~ellan Roa¿. It __ the conse~s:;s ;:If the Council :e::bers that the parking requiresaent of 2 spaces per è.¿::ing be upheld and t~t this position be passed on ~~w&h Planning ~::ector Sisk to the aoard of Supervisors. 4. Request f:,~o Information Storage Systems (155) to allow tem- porar)' ~= of a maximum of £i'7e (5) 10' x 55' office trailers. Property is located at the southerly terminus of Tantau Avenue in a Pl.t:.:ted Development Zone. It ... ~ed by C~~cilœan Noel, seconded by Councilman Green and passed '~ly that :::e request be approveé with a 6-month time limit to be ~sed on sai': request. s. Setting ~ctober 50 1970 as date for Public Hearing on Applica- tiODS 13-!-iO and l7-U-70. It ~ aøved by ~~~cilman Noel, seconded by Councilman Fitzgerald and J ell by a unani-.·us vote that Occober 5, 1970 be set as the date for ..s.e public hearing. ~ t Cal endar 1. Ac:ceptance of lIIIprovement ia coajUDC:tion with the follovina projects: . craf:fic dis=ssion 2-s;¡ace parëDg upheld trailer r eq.;.es t &raxtted 13-%- 70 & 17-1:-70 hear"'-n¡ Øctoê>er 5 . . , I I , ! ó , I I ; I I I Pace 14 i ¡ 'I· ~.()w... ~!,¡(O'Wed :ect: servi<::æ ·...~¡rrant r',,;:r<.'ved :.=.1tial ,::::ee base -;.arrant :;:proved p:~t:ters .. ,~. ¡<:o=enda- i:iOD ¡ . . . 111' _ of the City Council, Sept . u n. 1970 CC-S9 (' - r...1endar (cont1Dued) 1 ) , .) Honta 'uta II1¡h Ik""rø] !IcCle11aD ... ,; Mr. Steak (Doa -, rrr..) East side of~" ~ 15. Worth of Bollilller Joac1 b) i _"'" ft ~ _.-<1 by CouDc:it.eD litqualAl. n-,,1IIIed by CoUDCi1JlaD Roel ... , I - ..i_Iy that the 1.,4'091 ~. 1a coajunctioo with KoDte Visca 1Htfa"· al and Mr. Stealt reata~ be ......,ted. - L øf Officers L City Staff Acc:lla& City Manager Ryder reported recd~ of a bill from the Bank of ~ for the paynent of the library bond ùebt service and requested pe,.,...;-ion to drav ¡;arrant No. 6915 for 512.430.04 payable and due on Sep'" -"T 24, 1970. It __ moved by Councilman Noel and seconded by Council Acr:f:Dg City ~lanager be permitted to draw said draft for lib:ary bond debt: service as requested. Frolich that the payment of the Ayes: Noes: Absemr : Counci~en Fitzgerald, Froli~, Green, Noel, ~layor Stokes None None A r~t vas then !:<Ide by Mr. Ryder that Warrant 6914 rp issued payable to ~~ Augsburger as payment for addiLioDaI tree base casting required for ::be Civic Center Plaza. It ... .oved by ~uncilman Noel and seconded by Councilman Fitzgerald thaI: said varrant: be issued as initial payIUInt in the amount of $1850.00. sai.cf warrant payable to John Augsburger. Ayes: JIoes: Ab~: Councilmen Fitzgerald, Froli~, Green, Noel, May~r Stokes None None Letcer of commendation had been received by Ur. Ryder from the Los Anseles CouI:IIry EDgineerls Office sayill ! that our Chief Building Inspector, Mr. ~Ilch, vas very far advanced insofar as making certain notic.. _«"~le to nev tenants and further requested copies of these notic_ for ~lar utilization in the Los ADgeles area. A ,. "'("-tion reflecting commendation for the efforts of Public "orb DirK%Or. Lee Yarborough, vas alao recently received by Hr. Ryder. TIle letter expressed the apprecution of the local Chamber of C_rca far Br. Yarborough's assistance in pr~d1Dg a presentation of the loi..- ~ progru in our area, . . ~tes of the City Council, Septe.ber 21, 1970 F _ rt of Officers (continued) .. . r-4....er, Mr. Ryder c~e.necl ~t the park dedication would be ~~ out, as scheduled, on OcEGber 3, 1!#70. CIa ----.sy, Septellber 24, 1970. at: 2:00 p.m" several students 1molved Sa __--.eDt classes vill be toar1JIc tbe City offices to obs~rve local __ _ -t in action. CC-59 Page 15 I dedication 1 October 3 I Sept_ber 24 : student tour , I I CI£y ~rney Anderson reported that the two Quo-varranto suits are atillsuits Sa die ~ds of the Attorney Geaeral ~ the third suit was succ...fully . pending ~ .. as the Motion for a Nev Trial vas de-nied and no appeal vas - .! -L -t:ly filed. 1'IIit11c ~orks Director Yarborough reported on the bids for equipment, con- ~1Dc of two three-quarter too pickup trucks, and indicated only one ~ ~ received ~~ich did not have tbe bond required or an appropriate -.,...t1l1"e on the proposal. Because of the bid being incomplete, it vas SIII&C~ed that the bid be rejected and re-advertising be undertaken. ~ second item re?Orted in the equip:ent bids was a tr3ctor loader. ~ee ~ids vere re~eived by Mr. Yarborough, ranging fro~ 57552.13 to !J999.00 and it ~ÂS recommended that the low bid or $7552.13 be accepted. r: vas moved by Cc~r.cil~an Noel ~ seconded by Ccuncilman Fitzgerald é:.at t::.e low bid c: nS52.13 be a;r,:>roved. A.~: JIoes : ~t: Council=er. Fitzgerald, Frolich, Green, Xcel, ~yor Stokes None None C~ Ccuncilmen's ReDorts Councilman Green reported that a ~lantiDg party had been scheduled at Cbe ~ Linda Vised Park for Saturday, Sept~mber 26, by volunteers ~-shi=l to plant i~e plants. He requested an expenditure be made for refr~ents for the volunteer group. A!~er 5QDe discussion, Mayor Stokes offered a portion of his salary c=uards this exper.¿iture saying that he had some doubt as to thia bc1.D& a proper City expense. ~ber discussion ensued, after vhiCh Councilman Green vithdrew his ......t1on vith the offer of -kiD& the expenditure himself. C----ilBan Green vent on to say tbat the property conditions recently r _ aM in an app:ication initiated by Mr. Rifredi had not been _t tri%h t!ae limitation period. He .~... that the only indication of ~ procress in this regard vas the addition of 15 trees and the 5 __1 of a portion of the feDC~. equipment bids 'tractor loader bid accepted plant-in party Se!lt. 26 :condit10ns discussed Page 16 i:1scuasioa . :raffic :ondition íi.scussed ~~udy .uproved -rior :-otbridge -e'liew .~?roved :eeting ¡àjourned . . .. _ of the C:1ty Councu; s."um\er 2l, 1970 IX-59 C1.Cy CouII~iø-'s bports (cOft~" ~) _.. __ reap .. that Hr. tifEWÖ ~r·"ed before the P1._.... :- - -1_ at die ap1ratlon of ... 6O-tIay t1lle lJa1Utlon að i~ :~,......ted at that u.e tbac .. -'-.. UT before the joint .-dJIa U'~ - ..ad for Sept.-ber 28 for d.. r rdon of tbe a1stiDa si~.""- ... .. "'r1D& re1aùn to the u.. PaId~ ia_d. . Î n__ er- stressed bia ("~ --.. be~ t!ae Ceaco aDd - ..... ~·~.ted ~.thl. soluttoa.. _ as to the traffic c:oncIit1-T .~_·s stores on Stevens Creek ~ : .~ a discussioc of possible rA "1-., it vas the CODSens... of die t' 11 that either signal1zat1oa or a closin¡ of the island ar_ .hoald .. ....rtaken. Ie _ IMIVed by c..-mcilman Greeo .... seconded by CcUllcilmaD ftczaerald .... passed una~;~~~ly tbat this area be studied a~è, furtber, tbac r- -en<!atiol:.S ::~ .resented as soon as possible f"r alleviation of ~ problem. It vas reporte.: ::y C"uncilman ~reen that the pers",:-..::el system study is cc:=iDUing pe~i~ ="tification from the League c: CaLifornia Cities as = éI mc>del ~=-$~:n~l system. '"--·-..cnition 0: ~;:--A4enda Items by the Mayor A!~ a brief '::'$:'-"55ion, it ·.as .eved by Council=3.:: Frol1ch and seconded Ïry' :.:>uncilman ~;:¿: :~at the footbridge 1.:;sue be =-e\"::'~"'ed by the Plannl"S c....."..< "sion pr:':=- :: the City Coun~il hearing th~ =a:ter scheduled for úc=:'er 5, 197: ::=- ¿"pediency ~ the matter. Ayes : :5c as: Ah-...:l : Cou::::.=-=:: Fitzgerald" Frolich, :'!ayor St"kes Cou=:::::= Green and Jioel None It -..as suggest¿': _: ~!ayor Stoltes that Hr. Puetz s:,,~¿ule a Planning Ca=:~sion Spe::'3.: Y~~ting prior to the meetin~ :: the City Council ~ :~tober S, :~-: ~s an aid in the prompt dete~:::~tion of this i.sue. A re:-quest was ::.¿:: :"ecognized by the Mayor frc:: ~::-s. F. Shields for ~~ssion to ~;;=-~$S the City Council relati\"¿ ~~ :r~ilers. After it vas d1scovere¿ :~: the requester vas not prese::t. it was recommended ~: Mrs. Shie:¿s :~ntact the Ac:1Dg City Mana~êr :~r placement of bar request 0:: :::.e :l?cor.¡i~ agenda. AI!:I____..-4t After sOlae ge~:-L discussion - DC the Council ::"",bers, it vas __ .,. r,,'~i1man r:-,,:ich, seconded by Councilman Soe1 and passed rich a _iJDous vctE :!:.at the meeting be adjourned to the joint meeting IliDutes of the City Council. SeptembC!r 21, 1970 Adjournment (continued) .-daeduled for September 28. 1970. COIIIIIIChclng at 7:30 p... in tile Council Ch--~er. I I i i ! TIle .eeting ViIS adjournecl at 10:.50 p.lI. APPROVAL: ArrEST: ...1.s/ 1-'=.:::. Rvder Ci:, Clerk /s/ Gary G. Stokes }wyor, City of Cupertino I cc- 59 Pase 17 I , , . , I .