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CC 10-05-70 . . QTI' OF CUPERTI~, $ta~e of California. 1Ð3OO Torre Aven\;;!, Cupertino, California ....1 L -e: 2S2-"'30S CC-61 kualI~ OF THE Jl'.œIAa MEETING OF THI CITY aMJ1fClL BBLD oaœER 5. 1970 D 'IDE COUNCIL at-\.'GER, CITY JW.L. uw&.DJ.IIO, CALIFORSU .... -.eel...: ves .:aUed to order by Kayar Stokes at 8:02 p... aDII the J. --Ilaa was subsequeDtly led ill the flag salute. .11 Call er. 1'41-- atteDding: Fitzgerald. FroUch, CrH'noJoel and Kayor Stokes. AJ.o attending: Acting City lfaDager Ryder, Ctt'y Attorney ADderson. FI-I.. Director Sisko Ass:Lat_t Planner Covan. ?ublic "orb Director roll call YldNrough, O1ie: !luUding Inspector Benevich. Pa=ks and Recreation Director Parh_ and Recording Secretary Dolores '::-:ite. ' 1IH__. of Pre,\-j,"us Meetit\tlts 1. Appro'\~ of minutes of regular meetin~ .f September 21, 1970. Xt __ moved b~ C"unc11man Noel, seconded by c.~.:ilman Green and passed IlDaDt.ously that :!!e minutes of ~eptember 21, 1~:-0 be approved as sub- witted. minutes 2. ApprovL. of minutes of adjourned regu::'a:- =eeting of September 28, annroved 1970. & correction ~.&S noted by Counc:.ilaan Frol1ch ~~. indicated that on Patte 2. P3ragraph 2 .: the minutes it was not he, tout 17.uncilma., Fitzgerald who -ted on ~~ interior of the building. It vas moved b~ C"uncilman Green, seconded by C.~cilman Fitzgerald and passed unanim"usly, with Mayor Stokes absta1ni~~. ~hat the minutes of the aeetiDg of ~erte:èer 28, 1970 be approved as c.r:-ected, ~~tteD Co1llllunic1tions Actlmc r.ity }~er introduced a report from t~e Sheriff's Department relative to the :iffany Billiard Parlor, Itp: ~.. 27 on the agenda; a letter from J.:-bn ~. Donegan. attorney for t!!e ~?ponents to the foot- ~rtdae: a co~ication from Kr, Corey, Superi~teni~nt of the Cupertino DaiGD School District, regardiDa bussing of .:hi1.!ret: in this area; COrTapondence :~CI ~. Eail V. ~thews regarcii~ a V:tr1ance denial (Application ;-"'-;0); and letters from Hessrs. :!avis an.:' White related to die footbr1ó,e issue. cOl1lll\unica- tions 1. Policy r.solution fro. Palo Alto r~arding off-si~e advertising dins adjaceDt to eo--"y exÐressways. . . Pace 2 lliDutes of the City ~.oc11, October S, 1970 00-61 VritteD c-micationa (continued) further _unic_ tioDS Mayor Stokes reaarkecl that this policy would DOt be of a valid nature ~h as there were _ County expressvays within the City but in- t clicatM the City', s'4r4U of th~ policy. 1. Letter from the American Association of University Woaen, Sunnyvale-OupertfDo Branch, rec~ODdatioD8 on use of park facilitte.. Mayor Stokes inq¡;lrecl of Actin: City Manager Ryder as to whether the letter had been forwarded to the Parks aud aecreation Department and c-tssion to which Mr. ItycIer replied in the affirmative. 2. ExDressioo of aoureciatlon by Mrs. Love on sele~tion of her painting to be 8iv_ to sister city, Copertino, Italy. 3. Request from Douglass P. Webster, 10482 F~st Estates Drive, for solution to a traffic proble& on East Estates Drive, Public Wor~5 Director YarborouFh indicated that he was in the Dracess of prepari~ a report to be presented in this regard at the next meeting. It was move¿ ~y Counci~n ~oel, seconded by Councilcan Green and DaBsed by a unani=~u5 vote that the written communications be aDDroved. Oral Co~u~i=aticns L Re~ue5t from Councilmen for removal of items !rom consent ~a~endar. There were C~ requests for removal of items from the consent calendar from any cf :~~ Council meabera. 2. ~~::". Larry Dawson on events and situations relatin! tn Wilson Park activities. more Wi150:: Park disc=- sion ~r. Da~50~ ~f 10213 Portal Avenue, Cupertino, came forward voiciQF hi~ irritati~n a~~ the :oncern of other residents relative to existing park activities. P.e said the teenagers usin~ the "ark have hecome uncontrol- lablto. rlav::;: thunderous ..u~ic audible throu!h closed doors and windows, sholltin¡: .:-bscmities to r.ei~hbors, inc~udinR women and childrcn, and overall abusive treatment to everyone in the area. Pe cited one instance, where a nei,hbor had lod~~ a complaint in this reRard and vas subsequent- lv threaten.,,; in a teleDhone call. The same family is now moving out of the neighborhood. the noise level at the park is intolera~le which was not meant to be any reflection on the park leaders because they, too, have been threatened by these teenagers. As a remedy, ~.r. Dawson sug[est<:..i th~ possibility of !>lacing a n\snter box or c10sin¡:' the doors on the ers~t side of the building or to move the build- ing altogether. e e Minutes of the City Council, October 5, 1970 CC-61 P"ge 3 Oral c-micatiOlUl (c<JDtinued) Mayor Stokes asked Hr. Dawson if there had been any change since the beginning of the school year and he replied there had been but the probl.. 18 still a large one. Sa. Hr. 1tobert Ridgway, 10234 Portal Avenue un Wilson Park actbities. Hr. Ridgway iDdicated that be lives next to the park and added that he vas not an extremist but felt that the residents should have a choice in the matter. He said the noise frCIIII the autœlObiles had been at an extremely high level as veil as many innocent neople having been exposed to great abuse aod felt this tyrannical behavior in existence must be stopped. The complainant then suggested that funds be expended for the upgrading of the area by use of a patro~utilizing unmarked cars, as a protective _asure to weed out the trouble makers. Sb. Hr. L. B. Naylor, 10224 Portal Avenue on Wilson Park activities. Wilson Park discussion Hr. Naylor was in agreement with both Hr. Dawson and Hr. Ridgway but expanded on the situation. He said the thermostats in the recreation building had been torn off the walls, doors had been broken as veil as locks on numerous occasions, tr~es and shrubs had bee~ uorooted and broken off. the wall of the pumo house had been kicked in, there had been a gr~at amount of broken glass and bottles in the area, fixtures in the rrstrooas were damaged, the flag pole had been broken off, the vindovs of the building had been kicked out, autos and cycles had been driven through toe lawn area, teen,gers had been seen on the roof of the ~"ilding, the fireplace had to be b~~rded un, lights were broken, signs had been pulled out of the ground and there had been liberal dope traffic by these s..e teenagers. He recu.aended the building be moved back into the park and that a hard- line policy be maintained because the leaders could not control the situation as it now ~~ists. The Kayor reasrted that both he and CounciI.an Green live near this park but were not aware of the seriousness of the situatiçn until this evening. He expressed his apnreciation to Hr. Dawson, Hr. Ridl!Way and Mr. Naylor for bringing these problems to the Council's attention and requested Acting City Kanager Ryder to tBaediately take UD an investiga- tion of the situation as well as follow-up action to eliminate the' probl_, as well 4S c01dng back to the Council with a recoaaended course of action to eliminate the probl.., "part of c-ias1ons Council Representatives - ----f Pee 4 . :!Ieetin¡ reoorts 5-V-70 Variance requested . . Minutes of the Ci" CouDcU, l-:tober S, 197 0 CC-61 Report of eo.aiuioDS (CODt1_~; 1. !r8D8oortatloa Policy eo..ittee - Mayor St0ke8 The Mayor reported that there had been no meeting of this c~ittee, 2. PlaODin¡ Policy Coaaittee - CoUD~ilman Fitzaerald No meeting vas held of the PlaDIÚ.Dg Policy Committee according to Councilman Fitzgersld 3. Inter-City Council - MaYOT Stokes It vas reported that a meeting had been held on Thunday by this Council and the Drimary topic of discussion was the transit issue on the ballot in November. 4. League of California Cities - ~ayor Stokes Nc meetIng had been held by this groun. S. Association of Bay Area Governments - Counci~n Frolich No meeting of this organization was held. 6. Flood Control Advisory Commission and Santa Clara County Water Cn~ission - Councilman Noel There were no meetings held by these commissions. 7. Solid Waste Committee of Plannin~ Policy Committee - Councilman Green No meetinp of this committee ~as reported. Planning Commission 1. Subaission of minutes for meeting of September 28, 1970. 2. Application S-V-70 from Emil V. Mathews for a Variance to >8r11it a two-foot reduction of the 3ide yard setback reauirement for a single-family zoned lot located at 21397 Krzich Place. Denial recommended by Planning CoDlDlssion Resolution 50. 809 on September 28, 1970. . . ~teg of the City COunc11, October 5, 1970 P1.wning Commission (cont1Dued) JIr. Jail V. Mathevs of 840 Vila, San Jose, came forwar<J reouestiDg the c:ø.--il to reconsider tbe P~.:JIg eo--ission's denial of his Variance ~64 -.t pointing out that there had been a lack of information presented to 1da and also his f..liøs tba£ bis situation vas within the scope of ~ Variance reQuireaents. 1" i"g Director Suit x~Irt" t:hat the aatter was heard by the Planning ~ i-don on Sentellber 28 at vbich tillle a denial of the Variance vas r9( -TIded. ~ thi. time, Chief BuildiJla Iøspector Benevich presented a m.-orandum to the Council which vas read to the audience and Council meøbers. '!hU aeaorandum explained the __ts leading UD to Kr. Math...s' _......rance and indicated the toOSsibility thlOt Mr. Katheo;s had 1Ú!i- UDderstood the Ordinance. Mayor Stokes auestioned the applicant as to the size of the lot and he advised the Council that the lo~ size .as 7S feet by 100 feet. The ~licant added, in rebutt.l to ~. Benevich' s memorandurt, that he had b~en 1Dformed that Ordinance 340 vas r.he only information available to hi~ and, after re~eated requests for 1nfo~tion, went on vith his nlsns assuming the setbacks to be correct. After some discussion, it vas t~e consensus of the Council that, although they vere in sympathy vith the a~~licant, the Variance could cot be granted based on information ~r~ented. It was also felt that it ~as up to the ap~licant to obtain t~e proper information before pr~ceedin~ vith his plans and,further, by granting a Variance in this case ~ould ODen the door for others in the !uture to reauest the same .ction. It vas aoved bv Councilman Cree: that the reouest for a Variance be denied relativ~ to Apnlication >-\'-70. His motion vas seconc!ec! ~v CouDcilaan Fitzgerald .nd ~sseè ~y a unanimous vote of the Council. Architectural and Site APProval Comaittee 1. Submission of a!Dutes for the meeting of September 23, 1970. Parka and Recreation CDmaissioc 1. No meeting. Kater Commission . '" I. Submission of DiDutes for th~ meeting of September 23, 1970. Library Commission 1. No ..eting. CC-6l Page 5 reconsidera- tion equested discussion >-V-70 Variance denied f \ , j i ,"e 6 ¡ f:>otbridge tiscussion . . !ltlalttea of the City CouDc11, ~"_ S, 1970 CC-61 ...u.c Bea1"ÙlÞ 1. Beq_t for _b·-. 1- of peelutriaD footbrlda_ ~__ St_ creek b"Þf .... Lap ~b. aød CrutoD Dd._. iDcladiJltt '1-f. r - /'- ~ lau on staff l'apoEt sut.1ttecl Sept '.. a. _. ... f.. Director Sialt re1ae.. ... . tbornap nvtev hIId ... .... of ... staff reDOrt on the f~ is.- at the P1amI1118 '"..: 1-iGa ~fD8 of October 1, 1970. TI - I __ Itb_ from ,_t'_ 1Mtda ill &..___ and ~ed to tile suff . . Irt.. .....Itted. Alt_ee.... ___ disc:usaed by the C I.sf .. .... au alternate __ iDt.. . .-I _f_ had DOt been Dr~ly. J.I..-ed. this alterøate __ .-.- .I ,..eAtly 1Dvest4ated by botIr tile ('_f.s1oD .met interestecl parti_ e both factiCIIS. The results .-__ad to be _tisfactory .. . _btiGe .. the problem. We ez1Olored briefly the alten-t_ revievecl aDd !'Ointed oat OD a - _rei routes :1scussed. Be f-~·ted the CoIaiss1oD's desire for ! addJ.tional tbe in wich to ~tipte further alternatu aDd afforded ! J'ubUc Yorks ~1~ector T~rbo~ _ oovortUDity to addrus the Co_cll. f. f t ~ ¡ L I !!Ir. Tarborou¡:~ ~C'Cllented that Alternate #1 could be 1a.,I..ented i_uch .. å1e County :,a¿ agreed to the widening of Stevena Creek !oulevard and ~FOtiations :~~ 1::It>rov_ts ball 1troceeded; however, this videldD3 ~d not he ~:c:,.~~ted until 1973 or 1974. M continued ::,a: the Count., dU qree to an interilll Droject which would 1.nc:lcrle left-:,,~~ !>OCkets t, s_ the intersection of Pbar !.at' Drive ~Eether ~i:~ ~e!estrian facilities on the northern side of Stevens Creek i .....levard e:<:""=~ng toward Monu Visu aad Cuoertino PDad. In reviewing ~be alterna:e~. ~e said, it bad been the general fe· ling that this al- I ~en-.ate voul¿ :e the only feasible one due to the lour-year vait 1mrolved i h Alternate *:. In a discuss1øD by the Coaa15sioners of distat!Ces. I ùe toark beca::.. the "rimary ~ iutead of the school at this tt.e. ~ !' !'!r. '!arborouc~ '""3S in agr.-t riå1 Planning Director S15k and the CoIa:issioners ::,at a contiauance of 30 days would be an aid for furå1er I :bIvesti~ati"n;:: the alternates aDd rec:o.aeaded that the interb rro1ect f be :mdertaken ~e;.'rdless of the _tc_e of the oedestrian footbridge , as a needed i:::~:'''\"elllent to the area. ~ I· lie '>Ointed ou:.~-!':lle using v~ aids, that the oortion of the I'roperty : along the roa': '".ad a steeD slo,.e aDd the right-t'f-vay vas to be 60 feet I: ~e and add...! that a utaiDiDc ~l of significant 1>rooortioDa would be r ~cessary in 3':: it ion to the Droperty acquisition to cut the base of the hill back Dro¥i¿ing 1>rODer cl~... h his discussi;:us vith the c-Cy, it vas discovered that 134 feet of richt-of-vay \o"aS needed to apø1,. for a Government Grant. Be said that, ~ to s shortage of t1ae, the ~ibilit1es bad not been fully elqtlored IW researched ·a::d reiterated bü request for a continuance, .., - M1DUteS of the City Council, October 5, 1970 CC-61 Page 7 Pablic I'earir.gs (continued) ~.~Ñ unon a su~gestion fr~ Councilman Frolich. Mayor Stokes sup:¡¡:ested ~ Council vote on whether or not a continuance was in order for further bllratigation of this _tter p1':ior to a decision beint! w.ade. He also --cae.ted. if the _tter vas DOt continued after presentations were _de Þ die Council, that all pros _d cons relative to the _tter be hard ~ng the vendinp: meeting. Be then requested, to keep order in the public hearing, that all in favor of . continuance speak first with the presentations in ~sition fo11c¥- illS· Mr. Richard K. Hose of 10335 Stonyda1e Drive, Cupertiøo, offered a pos- sible suggestion which, accordiD~ to Mr. Sisk, bad been previously cHscussed and deemed :Impractical. Mr. Willian ~. McGuire resid1D@ at 10421 Phar Lan Drive, recoaaended that people wishin2 to speak relative to Alternste #1 come forward before a continuance ..ote was taken ~y the Council. audience cOllll!Oents He continued to voice his agree::entwith the City staff's report and his feeling that the footbridge ~~s the most practical and feasih1e solution to the existing nroblem. He then read an excernt fr~ his recent letter to Mr. A. Stanley Corey. Sc~rintendent of the Cure~inc ~nion School District, askinp: reassurance t:at the bussing of school ç~ildren would continue whetÞer ~r not the footbridge ~3S constructed. In reply, Mr. Corey gave hi~ assurance indicatin~ that the bussir~ ~ou~è continue on the basis of number of children in need of the se~-ice and the district's financial position 1= a given year. ~. McGuire said, if bussi:g ~a5 removed, it would result in the children having to ~alk an extra one-~hird of a mile t~ school and he felt Rreat concern at any possibility t~~t children ~ay lose the bussi~ orivilege. Edward Feders~iel of 10450 Phar Lan Drive reouested further clarification aod Mr. Sisk traced the ro~te ~roposed. ~. Federsniel said Alternate #1 had not appeared to be the answer because the children ~ould have tc ~o off Stevens Creek Boulevard, if it could be ~e safe, ~nto Cupertino ?~aè, around Creston Drive and find whatever way possi~le between Acelia and the orchard area. Be indicated his opoositioo to a continuance because the problem would tben be presented to a new set of homeovners and he felt the expense would be much greater. He voiced his concern as to children havin~ to travel through less dense:!.ypooulated areas where they are not in easy YiaY and stressed that a decision be made now. e . r..e 8 Minutes of the City CÓUDci1, October S, 1970 œ-6] Public Hearing. (cont1~) . Paul Bittner of 10541 ~dera Drive vaa of the 01'1nloo that the alternate va. not the anever. Be r...rked that children will always take .hortcuts DO utter what facil1~1es were CODstructed for their use. He a¿ded that the rec~endatiOD of che staff should be used, h_ever, the inteda 1>lal\ vas DOt acceptable to bØ because of the nev l'Dute S5 prolKl.ed for the area. Mr. Bittner .tr..... che point that only two out of thirty-two f_lli_ in the Corta Madera ".&"1--' area did not .ign the petition and that these people ara _ of the strolllut pr01lOlIeDt. of the footbridge because of the distaace 1øolved. furt~ foot:.rldge c~ts In Ot't'Osition to the cODScruction of the urono.ed fnotbridae, Mr. Jack !teen of 10041 Phar La;t !)r1Ye (President of the Oatdell IlaDch ~er'. Association) expr...ed his opinion that the footbridge construction vas DOt the responsibility of the City as an access to the school. He also exoressed considerable concern for children va11t1ng down Stevens Creek 3~ulevard by DeADza College because of the traffic volume. Mr. j"~n Xorris of 10¿41 Phar Lap Drive, voiced his favor of a oostoone- ment in this Question. He said that if there are further questions, it is not ~ssib1e to arrive at a logical ansver and he felt more facts vere recuired. A vorrie¿ citizen, ~rs. Dorothy Varian, 10114 C.escent Pnad, exoressed her c~~~ern for the children walking down her road and cited an incident wherc s~e rescued a ~11 child after he fell SO feet over a cliff. She fe:: the situation to b~ a serious one on the cliff side and added that r.~ 3lternate route would stop the children fro~ going this very same ",ay. ~r. Si~~~las Szabo,residin~ at 1023S Creston Drive, objected to the fact that on:-,' onc criterion ...-a.. considered at the P1annin~ Coo:II!Iission level. He sai¿ t~ere are other considerations than the shortest distance as inferre¿ in the staff renort and for that reason the Stevens Creek &oulevar~ sidewalk should be further investi~ated as this would even- tually ~€~~e a necessity. He indicated the residents' disat'Dointment that on:y ~ne alternate was really examined and stressed his favor of a contin.:ance. Arthur ~~ertson of 21979 Oatdell Place was in favor of a continuance and felt the footbridge was reruired. He also exnlained thAt the school is the only owner of a park in the immediate area at this tt.e. Mrs. Lin¿a Galhraith of 1614 Clay Drive, Los Altos, c..e forward and desrribP¿ a similar situation in Los Altos. A walkway Is located behind three other homes as well as her own, and is very hazardou.. The walkway is two an¿ one-half years old, located off lI1¡;hwa)l 35 at Fremont Avenue, is 10 feet wide by 260 feet long with 6 foot property fences. She pleaded that all future Droblems be given very careful consideration. .. Minutes c: :~e Clty Council, October 5, 19ìO - Public Heari~s (continued) She sai¿ in her area there baYe been daytiœe loiterers, Ð~le follow- illg children hoae, narcotlca _ and motorcycle traffic probl_. Pi1l81ly last April, a group of citizens aoproached the Los -'ltoa City Council in a despera~e effott to have these ~robl_ taken care of l-ecause children 11M beeD 80lested in the walkway aDd nar- cotics users vere throwiDs ~be1r hypodermic needles over die fences. 'lbe _lk_,-, accordiDg to 1Irs. Galbraith, bad been _de to vrovide a sborter walking distance for s("1v.nl children. She said the probl.. is DOt only occurring dur1øa school tilae, but is worse in the.· er 8Onths. She continued by ursiDg the City Council to give careful COD8ideration to constructing a walltway _J'_t.ere in the City and suggested that the Council SN!8k to the Cbtef of Police in Los Altos or to Mrs. Fisher _ seat~ "" the Los Alt_ Cit" Council, who both have .ore informa- tion about t>rob1ems on the footbridge. She added that Mrs. Fisher bas state: that she would never again vote for a footbridge an~'here in the Ci:.,. ()f Los Altos. ør. and ~s. rona1d P.oberts:~, 10237 Crest~n Drive, came forvard with . recor¿e; s:~tement of c~ents from ~rs. Fisher. member of the Los Altos Ci:.,. ::~~cil, in which she stated that she would never vote for a walkway ;ecause of the dan,ers involved. A ty~ewritten coþy of the recorded =essage was given to the Council ~embers for their nerusal. ør, Gi~~:e ~f 10521 Madera Drive stresseJ his awareness of the vocal ainority 3fainst the footbridge, but ~uestioned if the persons were aware of :~e alternates being used now bv the chi)dren. P.e said nrobl~s are evièe=: no matter where the children ~o and was of the o~inion that the foot;:~;fe vas needed now. He offered a solution of the motorcycle problem c= :~e footbridge vith the additi()n of ste~s on each side of the bridge tc !eter riders on said brid,e. F.e indicated the oetitions show 62 per ce=: of the resident. in favor of tñe access. Kayor Stc~e$ announced that the nublic hearin~ would be closed at this tt.e unless the Council saw fit to vote a~ainst a continuance in this _tter. Counci~~= :r()lich explained his reasons for considering the delav as baving bEe= that it would take much ana1vzation and develonlllent of coaparab:e alternates to conclude with a ¿efinite ~lan. It would be r..iss,he said, to make a decision with a lar~e void in the back, round on any su;:ect. and facts ~t be deve10reè before an an~er is forth- caaing. ~e added that it is DOt a point cf east-~est access but moreover to look a~ alternates, consider ~itfa11s anè nrovide a safe access for the chi1=:e~. He expressed hi. opposition to makin, a decision on a1- ternatu at this time and favored a continuance for a better answer. CouncilJaa:t Sod indicated his a,ret:lllent wi th Councilman Frolic!! and c_ented that possibly the cart was beiM olaced before the horse in this instance vitb thn BoDd Election coming up in less than a 8Ontb. CC-61 Page 9 footbridge discussion nublic heariD![ closed Counc 11 COlllllents Pa~ 10 ,paiIUc "riDS CØDtf.Dael 13-%-70 6 17-U-70 combined =zinute or4er anproved . . ---es of the C1ty Council. ~""er S, 1970 ....Uc: Bearbp (cont1Dued) II: WQ .,welby CouII,.1'- )'þu", ucI seconded by CouftcilMD ftua_ald IfIIat. the raJlU' heariDg .. u -t all as rec 'ad by the ......... of ....\P1.....i.. - i-dOG, CC-61 :.a.j;i,' ....:: C v I........ 1'ro11cla. .... _ o,.-u- G&"_ ... - , ~td aDd 1Ioel Stok.. . ,~~./ . 'IIIå;~r ùfomec! all ¡Æ 18 - IMt the heariJlp at the p' of. - 1- .....1eve1 an DOt vubUc: L -. 1- ad that ..,.e vbhi118 to .,--. fa- ....' 'on the _Ject sboaW .. ......nt at the CoUDc11 _ttll8 to .. ~ .'u1ed'" poobUshecl .....1. · to tbe _1etioD of a ...,., r ta' - ! J1"t, AC this tme, !!r. Paul Bict..ft of 10541 Madera Dri_, taplied to die a.JI'u': and the C:>aDc1l that L ,.. this _tter be _t~ _tiJ. after die e1ectioa, DO funds vou14 .. YOtecl by the aany citia_ ~1"'" for aay parka, etc. because the -Jøri.ty of the c1tiz_ vaDt actloo _. !'Jayor Stokes cOI!IIIented to Mr. UCtner that it ..-as an unfair ~itiOD œ say thn t~ 30nd issu.. are for the benefit of the CouDc:ll ucI I _lly unfai:" :0 threaten the CGaDcll in tbis _nner. Be said if !!!r. Bittner ..-e.... to check out tile situation, he would find that all I of the Cound,: :llelDbers live _ a Dark and obtain 110 personal ,lory I' !.:I bulldi~ ':)8ÚS except for t!.e benefit of the residents. Be vaatecl , to set the re<:~:ù clear that the Council has had much grief involved ! rith these :>a=ks as evidenced by the three cOl:l"lainants vho ~ t forth at the :~inning of the _ting and added that this tyDe of ntitude on t!:.e Nrt of cit~ will not accoct'lish anythiDg. 2. _....~l1cation 13-%-70 of Phill1Ds Petrol_ c--ny for :-=..zoning fr_ C-ty CG (General Coamercisl) Zoae to C!~ CG (General ec-ercial) Zone. of arÐroxiaate1y .711 a~e located at the IIOUthvest COrTI"= of HcClellaa ~ cj Stelling 1IoacI. hcoaaencled fC'r aDDroval by the ?:.1:!:!ing ec-iaaloo on September l~, 1970. (!;_ It. 21 ::= first readina of Ordinance 1\.:'. 472, if a)Ðroved.) 1D reoly to ~~;:~ Stokes i_airy .. to conso114atiDl! It_s 24 -.s 2S, aty AttoRev L"¿erson suueated a lIinute orde~ be made to c01lS011date me icel.. f~~ ::s.:us.ion at the _ time because the evidence _uld M ap!)licable :: both and couU be covered un.!er one discusaioD. h vas .0 .,,,..: by Counc1ø.a "'1, seconded b\" Counc1lNn Frol1ch and .....ed by a ~i:Ious vote of the Council. 3. ~e.d of PhilU... Peuol_ eo.....nv for r."eraa1 of ?:.anning C--f_aiGa Condition 1\0. S attached to Appl1c:a- U:ns 13-Z-70 and 17-41-70 requir1r.t! visual barrier a10ag t!>e southerly aDd _terly property Unea. . . IIfDutes of the Ci:T Council, October 5, 1970 ...1J.c Bear~s :=tinued) pi '" Direct":' Sisk explaiDell dlac the prot>erty involved is located _ ~ eoutbwest cornfJr of HcCJ_I1- )toad and Stellinp: Road, is J'I'_ntly J . a; by the c..-.mt"J and the ...u......t has agreed to A""a to the City. .. ..t.I the applic:mt has relJl·..c.. _surance of the, City that the use Jl .... .. recop1rH and, further. ~ a direct action be tekeD by the CIC7 relative to ~""8 the prol_L7 ~ IrantiDg a Use Pendt for the ___...1ce 8UtiOD. Ik. Ø8k CODt1JlDed that dud. Cbe P1......... ec-ission heariD8. the 12 _ ' . r4 ConcIitit'CS were attacbel CO die a"proval rec~.tiOD with .s.ør _1T......ts mci the applic:aae __ _ before the Councn CO reauest dIat .. be rel1eftè of ConditiOD 5 MrCaiDiDg to tbe _lJODry vall. ~ to !'Ir. !õisk, the County AT.cbitectural and Site Avproval r '~tee pr~:y rec~endeð CO die County PlaDD1ng Co· "..ion ~ die a»1)l1ca:t ~e required CO build a Dl880n~ vall separatiDS his ~t frœ :~ cOllllllerc1al 1I_1øpaent, indicatin, that it has not "- die practi~e :of the County ill the Nst to reouire the first develop- _c CO build t:!:.e .-all when it is DOt known what ..'Culd haJlpen at a later "te. Be ..id a :-':::ding condiciOD bad not been Ù!OOsed in this case ... ....e.ted :~.4: :~e matter be CODtinued for a ¿ec1sion frOll! the ~ty PlaDD1n~ ~~ission hearial scheduled for October IS. 197C. !he ~licant, ,,=, 3utor1, Real Estate Re"resentative for Philli"s Petroleum Com~. ~=dicated hi, aareement for a continuance until after October :=:~. It __ !lOVed b... :.:-.;::dlman Fitz!erald, secon~ed ~y Councilaan Noel aDd ,..sec! by a Uta=-:':::-.;s vote that the !Utter ~e cor..tinued until after Ck:obcr 15, l'r: ::: further beariJ2l. Ayes : JIoea : Counci:'=.!:: ::'tzgerald. Frollch, Creen, ~"e1 and Mawr Stokes !lone 4, Va~.I::';:Or.. of a stora draiD eas_ent granted bv Stoneson ~e:.:-:eent Cornorat1.OD cOD8istin~ of .15 acre off ~~ Ave::~e ~ursuant to declaration of i~:ention as contained ir: ?u;:olution No. 20;9. (See ¡tEE! 3;. for ado1>Uon of Res.::~:i~D No. 2069, if a~Ðroved.) Af~er a brief ~~~~tlon by Public ~rks Director Yarborou~h in which be 1Dd1cated t".. <x~ired need for the storm drain3~e in the area, it __ reuuested ~:<" ::.. ~yor that iD~erested parties cOllIe forward vith t:"'-tr ~ents. T.A ch as DO :.:s:ents were voiced in this \ll3tter, it was IDOved by c:.. -11..n Noel ,-.' seconded by Councilaan Fitz,erald that the public 1aeariD¡s in th:'~ utter be closed. Ayes: JIDee : CouDc1lac Htzgera1d. Frol1ch, Creen, Noel and Mayor Stokes !lone ((-61 Page 11 1>resentation ' 13-Z-70 & 17-U-70 tter cntinued , public bearin¡r closed . . P.ge 12 Minutes of the City Council, October S, 1970 CC-6l' Public Hearings (continued) In reDly to Kay¡ar Stokes' request for procedural clarification, City Attorney ADderson indicated the matter would be subseouently ado~ted under Resolution 2069 in thi£ case. 5. Status reJOOrt on .ctivities in .nd around Tiff.ny 8111iarða. Act~ City Mana~er Ryder reported th.t no staff study vas available, however, the matter had been adverti.ed for oublic hearing to e.tablish facts relative to the situation and for the expression of "ros and cons of the oubl1c. Councilman Grnn began the discussion by statiDg that the juvenile probl.' ag.in became ap>8rent in June of 1970, referring to the Sheriff'. report. He said the reoorted instances responded to by the police ranged from loitering and warrants for .rre.t to ....ulting . oolice officer. Mayor Stokes recoRnized Attorney Hiller, who had renuested Dermis.ion to address the City Council as a representative of George and Fdvard Yamoaka owners of the Portola Pl.za. Tiffany 3Ul1ards c~ents Mr. Miller presented petitions received, containing anDroxi~ately 100 names of users and tenants of the plaza area He said the situation appears to be a similar one to that existing at Wilson Park in that the¡·c had 10een much Dhysical and moral abuse of innocent I'eople using the plaza and a danger exists in the parking area because of reckle.. drivers. The amount of arrests and complaints shown on the Sheriff's report, he said, should be indicative of the seriousness of the situation and the need for enforceoent in the center. ~r. J. D. Va~derlon ca~e forward rel'resenting Jose"h P.Franc~o~~er of the P W Super ~~rket located in the shol'"ing center. He exnrpssed his con- currence "ith the stater::ents of Hr. :'!iller and added that the situation should definitely be cleaned up in some way in that area. Dave High of 451S Moran Drive. San Jose, commented that the tenants have lost considerable trade ~ecause of the existing situation having ultimately result~d in fears or. the Dart of shoppers to utilize the center. Mr. Dick Car::eron of 19763 Merritt Drive. Cunertino, was concerned at the undesirable crowd in th~ center and was of thp on inion that the same crowd was causinr. trouble at both the center and the park. He said that narcotics and ~ot are used freely and fears other children coming into the center could be influenced. Judy Goodman "f 927 Azalea Drive. who is one of the heauty operators of Beauty World located in the center, reported that not only had garbage cans been overturned and other malicious mischief, but she had witnessed a stabbing in front of the shop. She added that something must be ~one as soon as nossible because she, as well as others, are afraid to leave their es~ablishments to go to their homes. - - Minutes of the City Council, Octoher 5, 1970 Public Hearings (continued) At this time, ~r. Fred Lewis, owner of the barber ShoD in the center, intoned the Council of his concern that the group atltleared to be of a radical elerent and wore knives on their persons, He cited one iostance wherein it was neceuary for hil'l to call the police because be had observed a young girl staggering across Stevens Creek Boulevard 8J'1I88ring to be either UDder the influence of alcohol or drugs. Other incidents have often occurred where sho'DPen had been iDt:laidated by these youngsters to the ÐOint where they would not return, Also he reported that his custo.ers would not allow their wives or children to c:aae to the center because of abusive treatment and overt attac)r.s. Hr. ~1s also added that there had been at least a 30 "er cent loss of business during the I)ast year and he felt the whole neighborhood vas in agreement that Tiffany Billiards' Use Permit should be revoked. John Catron, 10154 Denison Avenue, retlOrted a personal incident where his roof light was smashed on his County vehicle as he vas attemnti~ to aid a deputy sheriff in subduing unruly youths, He 'added that witnesses v~uld not testify in his behalf because of their fear of the qrou~. ~e said many customers had been sub1ected to harassment by these youngsters as well as the store o~~ers. Joe Kine cf Y~untain View used to work in the center and was verY emphatic t~a: the establis~ent, Tiffany Billiards, be cloRed im- mediately. He said not only t~e ladies were afraid to go home at night, he ha= been afraid, too. ~r. Kine went on to say that he had called the ~~:ice on the evening of the knife fi~ht in the center and said the ~irls anpeared to be as rough as the boys. Patty Van S~~an, a beauty onerator at the Beauty World Beauty ShOD. who resides at 3165 ~uricia, Santa Clara, said the shop i9 locked un at night and =~st ladies would not come to the shop in the eveni~. In conc1usi~n, ~Irs. Ruth !fila::l, owner "f the Milam Cleaners in the plaza, felt Tiffany Billiards should be closed relati~ an instance where she sa~ a young girl helpiQR a boy out of Tiffany Billiards who appeare': to be under tl.e influence of alcohol or dru!s. She added that on one ,)ceasion a whiskey bottle had been thrown through her door. In rebuttal, David Neves of 777 North First Street, San Jose, renresentin~ Hr. Dorsa, ~art-owner of Tiffany Billiards, questioned whether the con- duct was that of the youngsters or Tiffany Billiards. He said efforts had been oa¿e bv the owners to alleviate the situation bv chan~in~ the music fro~ r~ck to contemnorary, hirin~ an older man to ~neratc the parlor, senèin2 younFsters home at curfew and checking identifications. He offered his concern that the billiard Darlor was bein~ used as a scapegoat in this caRe, addiQR that their establishment had been closed, also at a great loss, for a period of three weeks due to the youth problem. CC-61 Page l3 further COIIIIIIcnt5 Tiffany Billiards Pale 14 u1 'IIrther ~,,;,uttal :cmments -,ubl1c ,,,arin¡ =losed . . ItlDutea of the City CouKll. Oetober 5, 1970 "ûUc HeariDgs (CDDt~) Tfr. _.".. sua_tad the ~Jt~CJ' that the proU_ __ DOt CODf:lned to the :lnt.rior of the perlor. J.balf. but in the sboppi118 1:-- In " Ira!, Be vas of the f-1f~ that the ~101t11 of tbe .. I ... etore voulð ~.o,. the "two"... "cause of the extra ) .""4~ ... ,otic. S1IrY81llace of tile' __. tile CDDdit1on, he COlIC)"",,... ... DOt ... piDpo1Dh4 to ftf&a.FM1IU....... 11_ they, too. ... ... to 'ciI11 tile pol1ce. DD oc---., ... "e tried to help clear lip die --iIII proIÞt.a. CC-61 . L DDr... pØt _ .-r of"'- JrNUfncls, _ forvu.l U7III8 tut ... ..i_ ... Ilea .... L ..., L two ,.us ago aDd be ... aper1eDc:ed _ v. ".14_ withiD tIIe~. ........ that he _ foar -,......... ... baa ... a _f - &Ir _u.....:IMte1y tn years. ~. he nf1ac:ted that tile aic.&tGa ~. ..... aaiqua and offered !It. w:UliD&-. to ~oClIII iIa a., .,. liT: 7 to r.cwe this øistiaa .1c-tiDD. ".1IorpD of Sa Joee. ~ _L ~I::. -.. of TUfa., Bilu.u.la. C"o-'lDted tbet the probl_. ia !It. opt...-. .... ban ablost 100 per cme solved, .. _rlzed that tbe ¡wo1ÞJ.a _ DOt aD interior ODe but _ existiD& _taUe tha bu11dilll. .. dJAI .c f..t that the _rs of Tiffaøy tiJ.l1arcla sbøal. ~icIe .. Æ1CJ' eerY1c.. for the l...the of, tha c.&ter acldiaa that be. too. ... calW the police on occasion vben be suspected trouble, tile 1oIt_1III. accor.iDc to Mr. ItDrptII. had reduced by at l_t 90 par c.. IIDII ..cia tille had been .per.t in chec1t1aa iåDtif1catiaas of tile i- dI eacer1lll tile establ18œ-t. Be ad.ed his ...ir. and the _ire of ~ ,.rt_r. Mr. Dor.., 18 to cater to a feeily-type cli..t.le; .... ia CODClusiaD. he reported that the budaess hat! decl1ne4 to aa aU-tt.l ~. !fr. .1_s E. !to........ of 10167 D.a~ __, r..i...t iIa the outly1n¡ _tahborbooc1,di...r.... with tile neno. spoke...n atat~ tUt the ;:robl_ had not __ ~l"". aDd tile ~s vera DOt or1¡iJaated by 1utuc_ occurrilll oa1y ia tile perlWla er... Aft.r _ fllnner .laca..iaa. !fr. .... approached the Couacll. again ia r.buttal to;: ~. _iced 1Iy tu "'l1c, H. r.iterated the fact that there "... DO appar..t cie b.~ the probl... in the center and Tiffany Billiards and c I1Iced flll'ther that the burdn had b.en placed unfairly U¡OOIl t'.. _I'S of tb1s ..tabl~tlDt. They hav., h. ..id, been ..ked to clea:¡ up a sltustiaa they baY. DOt. th.,.selves, created. After restating various preY~ po1at. ...., h. auggested that ad.itional facts be lathered prior to any r..-aUon heariag being init18ted, It vas then lIOVed b, CouKI1--. 110.1, seconded by Coundlaan Fitzgerald and passed ........i-'DU8ly tUt the public hurin¡ of the Tiffany BilUards iasue be closed. Cou1Ic:illlan Mod reflected tut be had never heard such cOIIplainC8 be1aa _iced by business people aDd it appeared to him that the Tiffany Billiards .... an attractiv. nuuallCe in tb1s instance. In addition, he said he was Ia favor of a 'Public heari118 for reYocat!oa of the existi.. Vs. Pensit. - - - - of tbe Ci::r Council. Oct{'" S. 1970 r - "4.. Bearings C=tlnued) Jia .-.t_e of !!r. :Iona, (;G-. ,- ~ advised t.'1at he bad ~ ;fa ... prIor on SC"I'eral occañ_ ... Skr'> had DeeD DO probl_ ew4'» ... - -. the ~.l1.B~. Be IIOtic", I er, that hitcbhiker. ... .... .. _ about ùree occaal_ -.. ~ off in front of Tiff-. ~. frea ~ area. -....- - _ tll1O. .aid 'penou aath81lla - ~ ~I>-"'. It _ his opiDfoa ... ...14.... enforc-.nt -.t be ~14." ~Ia''''' .rea ... a.iIIed that be Edc a. Doraa bad _de at_i". dforb a. ~te tM s1tuatioDa . . Be did, boveYer. qr_ 14t1a ~ ~ that ti!fuy 11ll1azd8 ... ~ aD attractive ...f_-e. I CC-61 Page IS ~ Public Bearing - ._~.. a-_ -.d by :C-CiJ.an ~... r - Dded by CouIIcilaao JIoe1 ~ _ -"-"riDe H !MId for die.. of deterainiDg vbetJler die u.. r -. for T1ff~ Iilliard8 . ....... cøoked. aq, ACCOrDey .b.fe~ iDtarj.n- . .....tiOD that tbe _t:lOD M "eel ... 1vc1. "purs::.a:t to JlS-1200 .. _ieII by Ordinance 002A, ~ - - -_ S" to a:::v the partte. ~ 'I"~ the acUt'n to Imov ,--!lat ~ ~ IIIIoald be a:errlac to, - . '~--- of thia c1..use at the eœ of his , . ~ CouDcillllan :"o~l. '1_.. Cree &; ~eed to the ~~ .... ..1-: x:i:'G va. ......1 ....= Coul.cl~oe" ritzaerald, Pralida. Cr_, 5c:-el and Mayor Stokes _= IIoae r .. ~... 1, F1~s: uaclilll of OrH-e 50, 47:!: .. AD Ordinance of ~ C1:-. :: Cuperti_ . I ':.s.c Section: ;,! OrdinaDt:e So. : " Pru:~D(t a Certa1a ~1.oD of the c.,untv fro. 5e1&b!Io~ C-:oe~:1a1 (Couttty OI"'j %oDe to Gener¡¡: CoIaercial (CC) %oDe 1o'be: .\::nexed to the c:..ry; AJlprox~telv .788+ - Acre. ~.&:N SoutlNut Cwl of Stell1~ P.œd aod MeCI.] h" Iø.a.!". ~ __ .DDOUII··..= ~"< :he Mayor tU: ëU it_ had ~een CODtinuec! aa So: __ co_ct(': ~;:t It... 24 .. ~ DO the penelill!: agenda, 2, r1~J: reading of Or~-e No. 473: .. AD OrdiuDCe of t!Ie C1:: :! Cuper tine ~ ...... Ordinance ~. 139 CI.rtfyi.llc the !xdusion Tberéna of Clty-ovned or Operated 1041.. of \la:.::". ...1k Works D~~e,::;,r Yarborouak r -"-e was t: ..:lov re¡ulaUaa ", ~. as perul~==i to special Ii""..... Fud that the Nrpclse of this the w.ter for speci.l O(".....iel.. . etcetera. "r- 11·-11 F1tr~e~dd reponed ciat .. had observed chUdreo iD tile water ac ~ Linda Vis:.. Park dedic:aciaa ... felt the euact1na of this OrH-e .... result Ie. aajor probl_. Ord. 472 First Reading contillupd Ord. 473 First le.ding Pace 16 fufety ';a concern Ord. 473 nrst hading JTd. 469 Second 1eading ùrd. 469 enacted Ord. 471 Second hading . . __.. of the City Council, October S, 1970 CC-61 c:: ilman Frol1ch vaa in agr v-ent with Councilman Fitzgerald regard1Dg ~ _fety ¡>robl_ saying he -U go along with the OrdlD8l1Ce 1£ ebiB pod- vas made s;leer. ," Ik. Yarborough c:o.ented that the geaeral intention of this Orcl1_. _ to iIIIprove the situation that _ exists and added that the leY.l 1" only be raised on special occasions. He said the ~l l_el 1.. be at 16" to 18" and, f--cb as there vere no residents frootfDa _ die area, it should be safe. Also, he said the park __ entirely £ .... I I I . I . I ! I c:: ilman Frolich indicated the only way he could offer his a~rova1 £øc adoption of this ordilUlDC8 would b. based on the condition that the height may be increased only on specific authoriutioa by the City ~ ser. He also suggested that the slole BUrroundin¡ tbe ~nd b. re- oIesipted to CTe3te a shallow slope to minilllize the risk to _11 r~;dren in t~e ~ark area. After some further discussion, it was moved by Codncilaan Frolicb that Ord1.nance 473 ~e read by title only and that the Mayor's reading of the title constitute the first r~,H"g of the ordift3nce. This lIIotion vas theI1 seconded :'y Councilman Green. Ayes: Iõoes : Council=e" Fitzgerald. Frolich, Green, Noel and Mayor Stokes None 3. Seo"nd reading of Ordinance No. 469: "An Ordinance of the C~:y of Cuperti:o Amending Section 1 of Ordinance Ke. 2 by ?~e'oning a Certain Portion of the County from a Single- Fa=ily Residential (RI-IO) Zune with the County to a Quasi- ?~:~ic (BQ) Zone .~en Annexed to the City; ADproxioately .358 Acre, Located Southeast Corner of Foothill Boulevard 3::= Santa Paula Avenue". I: .as moved ~y Councilman Frolich, seconded by Councilman Keel and it .-as passed una:::="usly that O:-¿inance 469 be read by title only and that t~ ~~yor's rea=:ng of th~ title constitute the second reading of the c~¿~nance. Co~::cilman Fitzgerald abstained from this vote. , I I I 1: -...as then !:~"e¿ by Counci~ Noel and seconded by Councilm'\n Frolich ~t Ordinance ~69 be enacted. ':..es: Counci:::..n Frol!ch, Green, Noel and Mayor Stokes Soes : None ~s:a1n:Counci:::an Fitzgerald 4. Sec"nd reading of Ordinance No. 471: "An Ordinance of the City of Cupertino Amending Section 1 of Ordinance Ke. 2 ~v ~eclassifying a Certain Portion of the City of Cupertino :ree Single-family Residential (RI-IO) Zone to General Co=oercial (OG) ZoDe; Approximately 0.962 Acre Located s.:,uth",est Corner of Homestead Road and Maxine Avenue". _._-_.__.~- Mi~.tes of the City Council. October 5, 1970 ord1nances (continued) It vas moved by Councilman Fitzgerald, seconded by Councilman Noel and passed unanimously that OrdiDaDCe 471 be read by title only and t~ßt d2e Mayor's reading of tbe title constitute the second reaóing of ~l,e ordinance. It: vas further moved by CouDef 1_ Fit:zgerald and seconded by CouDCllJun JOel that Ordinance 471 be eøact:ed. Ayes: JIoes: Councilmen Fitzgerald. Frolich and Noel Councilman Green and Hayor Stokes ltesolutions 1. No. 2067: "A __olution of the City Council of the City of Cupertino Allowing Certain Claims and Demands Payable in the Amounts and from the FUnds as Hereinafter Described for Salaries and Wages fox Payroll Ending September 22, 1970". After a reading by Counci~ Fitzgerald, it was moved by Cou~ci1can JOel and seconded by Councilman Green that Resolution No. 2067 be adopted. Ayes: 5oes: Councilmen Fitzgerald, Frolich, Green, Noel and Mayor Stokes None 2. No, 2068: "A Resolution of the City Council of the City of Cupertino All~ing Certain Claims and Demands Payable in the Amounts and fro= the Funds as Hereinafter Described as Miscellaneous and General Expenditures". After a reading by Counci~~ Fitzgerald, it was moved by Counci1can Noel and seconded by Counci~n Green that Resolution No. 2068 be adopted. Ayes: Noes: Councilmen Fitzgerald, Frolich, Green, Noel and Mayor St~kcs None 3. No. 2069: "A Resolution uf the City Council of t:te Citv of Cupertino ~~ering Vacation of a Storm Drain Easement' Within the City of Cunertino Pursuant to Section 50430 of the Government Code of the State of California". ' After a reading by Councilman Fitzgerald, it was moved by Councilcan 5oe1 and seconded by Councill:an Green that Resolution No. 2C.,,~ be adopted. Ayes: Noes : Councilmen Fitzgerald, Frolich, Green, Noel and Mayor Stokes None CC-6l Page 17 Ord. 471 enacted Res. 2067 adopted Res. 2068 adopted Res. 2069 adopted Pat.: llJ t , ¡ wer80~ _.iOD conti__ I ~nta V~a. ¡¡ead y Mi;¡: , and Roc~ status report . , ~t.. of t.'M! City Council, Iktober 5, 1970 CC-61 1IIafiJdahed Busineas 1. Disc:ussion of ~-.tùal relationship between the City Council and City AUc;rœy. (Adjournaent to per80llDel s..sloo.) 1'& _ requested by lCISyor St- tIIat this matter be ponpoaecl for - .ion at a later date ... £0 Id8 _t having had a chance :0 -s... I:be T're'rl_ly auJ.i1:tell reporl:. ..~... qn ~ by CouDc:J.~ ~_ 1:0 the Mayor's sugSestioa, it ... ..... by CouDcilaan Roc.l .... r '-"" by Councilman Frol1cb thaI: the ~er be postponed to I:be _ I"_i1 _eting of October 19, 1970. ~ .otlon vas subsequeDl:1)' p- !14 by a unsn:1JDous vote of the I"........tl. 2. Statue report frea 1'1_t.. D1recl.:r on review by PlaDDing ec-t..ion of c:oa41døas iaposed on proposed devetop.eDt at Monta Vista. ~!fix and Rockery. !"J.....t.. Director Sisk reported that ..id Use Permit and coDditioDs were roøv1.eved rela:ive to the Manta Vista Ready Mix and Rockery Coapaay. - :l.Ddicatad :!!e results of eMs reviev to be that all conditione ~e to be c=pUed with withú1 a 2-veek period with the exception of ~ ?,ving a::.:! reaoval of the eodsting billboard. The applicant vas ~ed thre.e ::onths to complete the paving and, inasmuch as there ~ared tc :.. a leg:\l probl~ ~el.3tivc to thc billboard, the at>pUcant ~ asked to ~ontact the City Attorney to effect a settlement in this :æprd. ~UDcUman :\:o!" questioned if the applicant was planning to paint the =~e ¡and ~r. 5isk said he vcr.11d ha7e to check on this item. Mr. See! ~t on to S3Y tr~t this busi~ss location is visible to peoDle driving ~o the City 3::¿ he felt the appearance should be good. ~ reply to a ~uestion froc ~12Dan Green regarding the Dlacement ~¿ the trees ~:: relation to t~ railroad track and the fence, it vas ~ented by ~~i.ef Building r~t>ectcr Benevich that the Architectural anè Site Ap;ro~al Committee ~ a7Proved trees to be placed 20 feet = centers a:o::g the easterly r~o...rty line. ~uDcilman Gr.e.en oaintained ~t ~ had been told that the trees would ~'"' placed a"o:-.; the outside of tho: property and it was suggested by =ne ~yor t~¿t ~r. Benevich c~ck the tape recording of that particular ~ting to c:arify this point. :I'oeI< Business 1. .>."proval of Rules aDd Regulations f.overning Functions and Procedures of the Architectural and Site ApDroval Coaa1tt~. ., - ~~es of the City Council, October 5, 1970 ~ Business (continued) Wk. Jtyder indicated that the _Id docuaent vas self-ex1)lanatory and that ~ ~ been adopted by the Architectural anJ Site Approval Co-aittee ffW suJ.1sdon to the Council vim ~he recommendation that tbey be ro _....ed. Headded that Ordf-~ 4f.8 would become effective on ~ 8, 1970. I~ SUI IM>ved by Councilman lIoel aad seconded by Q>uncilman FroUch that . mzaute order be ..de indica~iIIc approval by the Council of the rules .... reg' lations as submitted. ~: ~: Councibten Fitzgerald. ProlJ.ch, Green, Noel and Mayor Stokes None 2. Approval of Chance Order No. 1 for $196.00 to effect revision in Library parJdng area to accommodate the pro- posed plaza. I!: _s moved 1-__ Councilman Noel. seconded by Councilman Fitzgerald ar,¿ passed una:::i=usly that Cha:Jge Order No. 1 be approved in the sum of 5196.00. A~_: !ic-es : Coùnci:=en Fitzgerald, Frolich, Green, Xoel and Mayor Stokes None Cc=ent Calen¿.l~ I. Äu::ution No. 20;::: "A Resolution of the City Cc'.lncll of t~e City of Cuper:~ Acc~pting Quitclaim Deed an¿ A~thoriza- ti.:-::: from Marvin ~. S~ith and Edith E. Smith". 2. A::e?tance of mun~ci?81 improvements in conjunctio~ with Key Ch~·r-let project at t~e northeast corner of Stevens Creek Bc:;:evard and Ste:liD6 P.oad. I!: ~-as moved 1-: =~uncilman Noel, seconded by Councilman Frolich and passed ~~ously th~: :he consent ca:enèar be approved as submitted. ~it of Offi:e~s 1. City Staff Act~ City ~.a:u;er Ryder coaaented that he received a letter frea ~. Blessing, ~r:hitect for the :ibrary, indicatin~ that he is hopeful of b.aving Plar.s readv for the library plaza within the next two veelts. . .. '" Be continued t~~t the dedication of Linda Vista Parlt was held Last _I LîDd and as a þOint of inforaation added that in the four soeeches presented, not once vas the _ Linda Vista mentioned. CC-61 Pa~e 19 H-Coutrol Rules & Regulations approved Change Order t'o. 1 approved consent calendar approved various discussion Pase 20 , " \; I' I ~" .... 2071 ~~~j ~tlca , daage cla1a received Quitclats approve.: for fil!2¡ ¡ I I plan li.....1 discusst.ø: I . . m-ttes of :~ :::!ty Council. Oct__ 5, 1970 CC-6l - - rt of Offken (coat~) -"" 1Ir. Ryder reon" that . n f' C W beell received fro. tbe Scate ~1oø of lIi~ ~. for City t' f1 appronl of aD _In þr t of die .. J.j A¡tn P .... that. 'I~- JIo, 2071 be proc..... ... -.It- ~ hack to die Scate D1yt9f- of AIaJ-ys for a",ron11ry ~ Deput- ~ 'ltf Public Vvrb. Be IU .. dIat 1ry doq eo, th.. Ifu7 ., Orer- -'iIIa ~ !Ie pnri4eII frsr. Ie _ .",. )y "-I J.a JIoe1. . - ailed by CøuDciJ.a ftcqanW .... J nd by a f_ vote tt.c _latioa 110. 2071 be ....._.. f_ 8IDptioD. .....: -: CowIci:-n Fitzgerald. Frollch. Green, lIoel, and Ifk~r ScoJre. !loDe .llcttøa City ~er ~er re1V~" that it be ..de s _tter of record dlat . dab .....~ beaD received. Tarified by a Sheriff'. Report, f~ noyd A. Pa:2S~ of Rovember DrtTe for costs of 5138.60 for auto.obile . ..ge resu:':~ fr_ his driTtøa _er a Cit)l' manhole c_er. I~ vas move:! ~: C"uncUman Yael and seconcled by Councilman Fitzgerald :bat the cla~ ~ forwarded to :~. pangrac's insu~ance carrier for ~O?er dis~!i:i~. .!.:res: Ices: Cc~:.:~:=~:: Fitzgcral¿, l':':)lich, Creen, &>e1 and Mayor Stokes None ¡ I I I ~. Ryder ~~7:2:~ed that a re~~t had also been received from the :.r,.artlllent ;:: :'c: :ic Works for a Grant Deed to a oortion of the ~.ary A~eDUe stre~: :~~: had been 7acated in an earlier resolution. P.e said ::>010" the A\'e~ :;:::struction Cor.>a=1<as requestin¡t that a Quitclau Deed :.e filed. -~ 2~~ed that thi: Ç__=.tc1alm had been drawn up by the City A.~torney i:: :~5 :egard. After furt~e: ::3rification, :'t vas moved by Councilman Noel, seconcled :-.- Counci1=..ã:: :::l1ch and ~ass¿ unanimou¡¡ly that a 0u1t Cla!:> be filed r~lative t;: ~2.:-:: Avenue as'req<.>ested by the Avery Construction c:o..pany. =1ty Attor::€7 "~~~erson indicateé at this ti~e that he had DO report to ~esent to :~t :~uncil. ?'ublic 1oIorks :::tctðr Yarborc~!1 requested the City Council to authorize ~'m to ente: ::::: discussions ~ich may beco~e Dublic regarding ~lan :in1ng alor~ 5:~:ens Creek !cu:'evard to d~teroine the costs of the !acllfty be:-...~= Pbar Lap D~ c "re aDd Crescent Road. He indiC.:1ted the ~obl~ to ~t :~~t County s:~~rds are different from those of the City aDd &ugges:e: :::~t a 6-lane facUity be de\"eloDed regardless of the cross sect:::: :::\"olved. He furdber recommended the possibility of one lane being 3:: ~..rRency lane. Ø1Dutes of the City Council, October 5, 1970 . Ieport of Officers (continued) the ~or suggested the position of the City be that no ~arking lane be prøw1ded along the proposed facility. It __ .",ed by Councilman Frolich, seconded by Councilmah Fitzgerald 8Dd ,....d unanimously that Public Works Director Yarborough be ~hftr1zed to ent~r into discussions relative to plan lining along SteYens Creek Boulevard. Mr. Yarborough reported that it had become apparent a traffic bottle- DeCk __ in existence at the intersection of Stevens Creek Boulevard 8Dd Wolfe Road, and he suggested authorization for modification of the phasing at the signal to flush the traffic through the inter- sect10a and reduce the delays at this location. After a sbort discussion, it was .oved by Councilman Green, seconded by CouDcilman Frolich and passed unanimously that ~r. Yarborough be authorized to undertake modification of the said intersection signalization. j.~'es : Soc.: Council=er. Fitzgerald, Frolich, Green, Noel and Mayor Stokes Sene ~=. Tar:orough ir.;:icated that he ~ad no further reports or discussion as ~id ?lanning ~i~cctor Sisk, C~ief Building Inspector Benevich,and Parka an~ Recreat:cr. Director Parha:. 42. City ~c~ncilmen Couaci1=an Frolic~ ~~estioned Itet C, No.7, of the proposed Rules and Legulations of t~e Architectura: and Site Apnroval Committee indicating :15 feeling that t~is portion could be limiting in its application. Ee then requested t~at this section be reviewed for possible amend- ~nt later rather than cause any ?05tpOnement at this time. ~~. Frolich then ir.~~ired of Pu~lic Works Director Yarborough as to ~n t~e street lif~ting along Äolfe Road would be in working condi- tion to which ~r. Yarborough replied that he is proceeding on same. It vas suggested by Councilman Frolich that a study be made of the existing problec:s .it 1òi1son Pari< and a brief dialogue followed during which it was su¡:~"sted by Council=.an Fitzgerald that .:1 private patrol be utilized in the ~ark area. It was then decided that this was a satter to be consi¿ered by the Acting City Manager in his investiga~ t10D of the subject oatter. In response to an inquiry from Councilman Green regarding the church property_ Planning Director Sisk reported that the City Manager of Los Altos indicated the church ~uld propose to annex the property to Los Altos with the matter ultimately being resolved by the Local Aceacy Formation Com=ission (LAFCO). He added there would be further 41scuas1oD relative to this property at a meeting scheduled for lIIIw.....r 3rd. CC-6l Page 21 plan lining iscussions approved intersectior. odit icat ior approved further dialogue Page 22 ice plaut expenses di.cussed re1aburse- =ent .3pproved :ldjo·;rr.=ent . . , Minutes of the City Council, October S, 197 0 cc-61 Report of Officers (continued) An inquiry vas ..ade ~Councilman Green as to what expense had been incurred by Public Works Director Yarborough for the planti~ of the acre of ice ~lants at the new Linda Vista Park. Mr. Yarborough replied that a total of $68.56 vas expended for this purpose, After a brief discussion, it vas clarified by Mayor Stoltes that the expenditure vas an allowable one and payable by the City for the beautification. It vas 1I1OVed by Councilman Green and seconded by Mayor Stokes that Mr. Yarborough be reimbursed in the amount of $68.56 for monies expcnded for the planting of ice plant in the Linda Vista Park. Mayor Stokes requested that non-agenda items be brought to the attention of the Council at this time. Inasmuch as no non-agenda items vere introduced, it was moved by Counci:=.3n Frolich, seconded by Council~.3n Fitzgerald and ~assed by a un:lni=ous vote that the meeting be adjourned. Ad10urr:.:ent The cee:in~ ~as declared adjourned by the Mayor at ll:38 p.m. APPROVED : Isl Gary C. Stokes ~Iayor, City of Cu.'ertino ATTEST: Is! .=. E. Ryder <:ity Clerk