CC 11-02-70
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CITY OF CUPERTINO, State of California
10300 Torre Avenue, Cupe:-tiDo, California
T-1-..hnDe: 252-450S
KDIU'l'ES O. THE IIEœLA1t HEETING or THE CITY COUNCIL
BILD ROVEMBEa 2, 1970 III THE COUNCIL CHAMBER, CITY BALL
\õur&lauW, CALlPOlQIU
IIIIyor Stokes convened the _U,ng at 8:00 p.m. and led the aaseablage
fa a salute to the flal.
..,11 Call
00-64
C:O-c:i1men present: Fitzgerald, rrolich, Green, !luel and·Kayor Stoke..
Alao attending: Acting City Manager Ryder, Planning Director Sisk,
....i.tant Planner Cowan, Public Worles Director Yarborough, Chief roll call
BRilding Inspector Benev1ch, 'Paries and Recreation Director Parham
and Recording Secretary Dolore. White.
Hinutes of Previous Keeting
1. Approval of Minutes of regular meeting of Octobe. 19, 1970.
COuncilman Frolich requested a correction be made in the Minutes on
Pase 13, third Daragraph from the bottom of the page.' He requested
his comments ~e added wherein he stated the inventory and accountin~
of the hardware and equipment which had been donated to the Club was
also of importance in addition to existing problems as stated.
On a motion by Councilman Noel and a second of Councilman Green, the
~utes of October 19, 1970 vere approved, as corrected.
At this time, Mayor Stokes offered his farewell comments on behalf of
tØe City Council to City Attorney Anderson who recently tendered his
re.ignation. The Mayor c~ted that Attorney Anderson had been
with the City since its incorooration, IS years ago. He thanked
Actomey Anderson for all his efforts in making the City what it is
today.
City Attorney Anderson thanked the Mayor for his gracious comment.
ADd offered his thanks for the opportunity of speaking to the audience
at this meeting. He said when he first began vorkin~ for the City, he
knew nothing about City law but learned very rapidly. He related how
the City began and progressed up to the present time,adding that the
ideal time would be now to end his work vith the City. In concluding,
be .aid he would offer his coaplete cooperation and assistance to
b1a replacement whenever needed, adding that he planned to continue
UYiAI in the Cupertino area.
minutes
approved
Attorney
Anderson' .
farewell
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PICe 2
1Iiaut.. of the City Council, Hovsaber 2, 1970
cc-64
1111_.. of Previous ø.etiDa (continued)
~
,
_or Stokas.. added..for the record, that the City CoUDcil accepted
_corney Anderson'. letter of resignation at an adjl"'Urued _Ung
IIa1cI on Saturday, Octoller 31, 1970,
Wd.tten C~"'Ullicat1oDe
2. Froa IlayDarð ~bell, 1966S Kerritt Drive, requesting
pendssion to operate a Christmas tree lot, 1JfCA Horth_t
Valley y's IIaDa Clab and for waiver of the Bustness Ltëense.
It __ moved by Coœ('U Prolich, seconded by CouncilMD Moe! and
....ed unani_ual)' that pera1.asion be tlranted, as requested, for
operatioa of ..id lot with a waiver of Business License fee.
3. Froa Sterl1Da 8øae u..elopera requesting City Council
directive for 1s8_e of final inspection approvals on
completion of substantial compliaace with plan specifica-
tions.
__1~t~
IDtrocluced I Tb1s matter was deferred to the Architectural and Site Approval
I c-tttee portion of the _eting.
4. llesolution from City of San Jose urging favorable vote on
Santa Clara Collnty Transit Di"tr1ct AC't, Measure A.
Mayor Stokes indicatad that the City of Cupertino lad taken similar
action in this r..arð.
S. From Donovan B. Dressler, 11289 Terra Bella, on image of
Cupertino.
The Mayor recognized this communication indicating that each member of
the Council had received a copy.
6. From Frank Mitzel, 3176 Durant Avenue, San Jose, requesting
~erm1ssion to operate a Christmas tree lot at Stevens Creek
Boulevard and Miller Avenue.
It was indicated by Kayor Stokes that, Drovided the reauestor had an
area for operation, a Business License could be acquired through the
City.
7. From Mrs. Miri.. W. Idle, 10640 East Estates Drive, advocating
closure of East Estates Drive.
This correspondence vas deferred for inclusion 'with Public Works Director
Yarborough's report on said subject.
8. lequest for clarification from Mr. D. Butori relative to Applica-
tions l3-Z-70 and l7-U-70.
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~nutes of the City Council, November 2, 1970
vritten Communications (continued)
~ing City KaDaaer R:Tder introduced an additional c~m1cation, not
_tioned on the agenda, vbic:n vas received from Mr. D. Batori, Real
w.tate Representative of Phillips Petro1eua Company, requesting clari-
fication of action taken on Applications 13-Z-70 and 17-0-70. In
tIds letter, it vas also requested that the VTiter be allowed to
~s the Council 1D th1a reprd.
DIe _tter ",as deferred for bearing under the oral requests portion
of the _ting.
It _a _ved by CouncilaaD Roel, seconded by CouDcihIaD Frolich nd
..._d by a uuaniaous vote that the correspondence, .. received, be
-"-ledged and approved for fil1Dg.
Oral eo-unications
I. Request by CouncibeD for r.-øval of it... frOSJ the
Ccmsent Calendar.
Sa. Request by Mr. D. Bator! to address the Council relative
to Applications 13-Z-70 and l7-U-70.
1Ir. DiDO Butori, 37S Illinois Street, San Francisco, California,
came forward frc~ the audience indicating that the communication
from the City to be present at the hearin~ on these applications
vas not recei~ed until the day after the hearing had been held.
Ec requested ~larification of action taken at said hearing.
Ikyor Stokes eX?lained that the barrier would have to be installed at
the time the residential area is constructed in the area and, if the
residential area is not constructed vithin one year, it is the res-
ponsibility cf the applicant to VTite to the City for an extension of
tt.e in this regard.
In response to a question froa ~. Butori regarding the two existing
signs on the ~roperty, Planning Director Sisk responded that the
Planning Comcission, after some discuss.on, considered the signs to
be acceptable.
leport of Coc:issions
Council Representatives
9. Transportation Policy Committee - Mayor Stokes
!be Hayor reported that DO meet1Dg had been held by this C_ f ttee and
be subsequently urged a yea vote on Measure A.
CC-64
Page :3
clarification
requested on
13-Z-70 and
17-U-70
deferred
correspondence
approved
13-Z-70 ar.d
17-(:-70
explained
Page 4
weting
reports
.
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JliDutes of the City Council.... . er 2, 1970
CC-64
-..port of ('-...ions (COD~· I)
10. '1""''' ~11c:y C
I..~ - Councllaa Fitzgerald
J~ va reported ., Couu"n ftUaerald that a meeting bact ...
Ie1cI of tJd8 c-1tte. vitia die _jority of discussion beina _cenci
_ ~be Joùt '1_".,. SI:~. 'IId8 .tudy, be said, is to be~.. ....
to the cI1f~ Councib Sa ...n_.....tely ODe _th'. t~,
11. IJater-C1ty CoUDC1l - ~"..~ Stoku
-.yor Stobs ÜIII1cated thee _ ~1Iig had "- held dnce die ~
Ccnmc11 -u.a aacI the -.c -... VIla .cb2~1ed for Tb..&l.aV.
..... "'.r kJa.
12. Leape of Cal1fonda ClUes - Kayor Stoba
kcordina to the Mayor, _ .....t... of this orga1zat1on va beY.
¡
13. AtW'"btion of .. Mea Covenments - Council_ Prollcb
Councilman Frol1ch reported thee a Meting had been .chedu1ed for
Thursday, JIioveoober 19th, to be devoted to an informational ....1oD
wherein past ;cd present pr'"5~ would be dis.:ussed vith _ eye
towards futuu ac'ivitie. aød pddelines. 5.. said member. of the
City suii ~ been specifically invit"d reo au""d and suggested thet
any persc~ icterested enter their reser'Ãticon as soon as po..ible
for this event.
14. !lC'O¿ Control Advt.ory ComIIIiuion - c':'uncllman Noel
15. So1:tta Clara County Vater Co_hslcoD - CO'1Dcilaan Noel
So meeti::.g "as held of either of the two ':;''''''e-dted groups, according
to Council>lan Jioel.
16. ~l1J .aste Coma1ttee of Planning '.:>l1cy Collllllittee -
c':'ur..:lll118n Green
Council~= ~reen informed the Council that t~..re had been no meeting
held by :~is Committee.
PlanninR ~ission
17. So teetin.,
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Architectural and Site AP1troval Coaaitt:ee
18. Subc1ssion of lliDutes of October 21, 1970.
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--.. of the City Council. lIcnr"er 2, 1970
~""«tural -.! Site ApprcrYal C fttee (continued)
It. II vt1GD for -rr-......d of Appl1at1GD Bo, 416-1IC-70 of
oc.. a1ps for ~1-t.. aiat1111 Iicbfie1d ai¡o with AICO
sip - serdce .-f- located at the ...t.....t COI'IIeT of
1DtenKt1aD of S.I""'~ .. ,.-.....""ale .... .... S~wrado A...~,
~ -'-4.. VoI1. D1nctor YarW£_ ¿r ~.._ted alida .a 1DcI1cat" tbat
_ ......'iaU - . ~ is 111 tI.- __ ~TI. of repbrlaa their Iichf1e1d
~. 1dtlt a _ ideDd~ ,.f J. ä ..t..f.. tbe AIIICD fœaaCllrepr__tüa
- t~ If""iald (; . ,. ....s.I the a1p Û vith1D the SJp
...-' -, IIaûra of a 81&. of· S ~.. . 17 feet ('P"'-l1er thaD the
-c"_1 l1cIIf1eld alp) a" r .._, that the Arc:h1tectural .. Site
~.. __-1 a-itt.. nc: -.... -.rrIO...al baaed OD the CODditiGD that
W . -~iq be -'uo-ed betø. tile aip, lie CODti_d by aay1Da that
... -r IU.. bacI left tbe I'IJ~ nr1blli~ of foUow up OD die 19Dðlcap-
... liD tbl Staff eo..1tt...
After _ clúaz,ssion ensued. it was __d by Cou1IclluD Frol1cb.
. "-f 111 Ccr.m<:ilman P1.tqerald and passed ........f_Iy that
-,1icaUon k. ..76-HC-70 be approved .. rec mded by tbe
&rcla1tec:tural ~ Sit.. ApprOYal C fttee.
20. -.c~4atlon for approval of Application Ro. 480-HC-70 of
Otsen Signs for raplacin& existing Richfield sign with ARCO
ai¡u a: s.:!rvice stat10a located at t!te northwest comer of
1Dt.rs~tion of Saratoaa-Sunnyvale Road and Valley Creen
01'1'\". .
1Ir. Yarboroo'~~ =~nted that thla sign replaceaent vas of the s_
u ".. prev1".:..,:::·:.,:"d upon with the exception of the lands capilli.
which ia alru.:y 1: existence _d up to standards.
It __ !lOved ~7 :cuncllun Noel, seconded by Councilun Frolich aDd
passed by a .-.-'-...us vote nf tbe Council that Application No. 480-HC-
70 be appro'·.': u recoaDended.
21. Re~~~¿3tioD for approval of Application No. A82-HC-70
of F.ðeral Sign and Signal Corporation for sign for. Huston's
Gifts :~~ated in the Crossroads Shopping Center adjacent to
Hen~' s Department Store.
It vas explai~~¿ ~y the Public Works Director that the size of the
-1&0 in quest~~= had been approved previously and the approval
requested at :!lis time vas for copy only.
After viewing a slide of the proposed sign copy, it was moved by
"~ilun s.:-e:. seconded by Councilman Green and passed unan:illlously
that Appliut~.:n So. 482-HC-70 be approved as submitted.
CC-64
Page S
476-11:-70
pr._tat~D
476-1IC-70
approved
48o-lIC-70
presentation
approved
482-HC-70
approved
hp 6
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,
'1e-K-70
1.11 ,tatioa
47I-B::-70
apprcnoeJ
~ì'?-!lC-70
~resentat:'O:1
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Hi -'Jtea of the City eo-c:il, November 2, 1970
Architectural and Site Approval eo-1ttee (conttJn.d)
22. Ie~ 8IIAIatt.l for approval of Apill1cat1oa 110, 478-RC-70 of
Melchar c-UllCt1on Coapany for a four-uait apart_t
IndlcliDa. 1-<-1-"'11 landscapin¡. located 011 the 80ath dele
of Sale. A. I _r Foothill Ioalewuwl.
ro-64
PdlUc: lIoña Director 'bdIoroaah ~_ rnted that tIN apartllaDt ~
_ of a tre41t1oaa1 CJIIe. 1Dœrporatin¡ a sbab ruaf and stucco ald1q
1Ia 0;1Ie ..tura! aand co1ør tone. The I'arldaa. .. aubaittacl prev1_1y.
had ncetly ~ aaoIf.¿"1e4 to allow for aclditiODal clearance batvean
tba rear of the bu1lcHaa and the rear face area.
0IIa of the concerns of the staff, accorcl1n& to Mr. Yarborouah, va
tile cI1fficulty of 1.....~ing conditions bein¡ enforceable; and, aftar
_ cI1scuas1on by the Architectural and Site AppTOVal Coaaittee, it
va ftC nded that the landscaping be installed prior to final ac-
ceptaace.
On a motion by CouncilaaD Green, a second by Councilman Fitzgerald
anci a unanúIoua vote of the Council, Application No. 478-HC-70 vas
approwd.
A discussion relative to a sprinkler system followed, resulting in the
consensus of the Council memb~rs being thar a sprinkler require-
m2nt not be imposed in this instance. Mr. B~n~ich indicated that tbe
subject had piqued considerable discussion ~hen brought up at the
Archit~_:ural and Site Approval Co~ittee ffiee~ing which gave rise to
his qu~>tioning this particular item at this time.
13. Recommendation for approval of Application No. 479-HC-70 of
ARca (Atlantic Richfield Company) for automobile service
station inc ludin¡; architecture, landscaDing, lighting, walls,
signs and i~rigation sy'te~, located at the southwest corner
of Foothill Boulevard anJ Silver Oak Way.
Hr. Yarborough infor.:ed the members of the Council that the Architec-
tural and Site Approval Corneittee and City Council are the only
groups acting on this particular application.
He continued with a description of the proposed service station in-
dicati~, a~ng other items, that the following ~difications be
made: that the canopy be det3ched from the bulldin¡; to enhance the
slore ar~a, that the design be of a colonial type similar to the
service station located on Valley Green Drive and Highway No. 9
and furt:¡er that: the roof be composed of a cement cedar colored
shake ~aterial. He said it was further sURgested that the window
trim and the trim on the side of the building be of wooden stain
rather tÎlan antique bruDze color 3S presented to the st3ff. An
additional suggestion vas that the planter òe extended around the
side of the building.
Minutes r: t~e City Council, ~o~~mbe~ 2, 1970
Architectural ~nd Site Approval Coœ:jttee (cont!nued)
Be indicated that the _U_tion vas made that 20 p.:" cent of the area
be ~ted to lar:.~c:apiD& _d that ~he evergreen trees be of a height
of at leas~ 6 feet fro. tbe around level.
'I'bt. l!shUDg vas to be of a lov-lt~l type as presently 10 existence
at the wnice atatioD located OD Be..uucI IDd Wolfe I.oada,
Accordiag to Hr. Ya1boro..... the par tlUDt _tertal to be _ed would
be al~tODe. hdf.cat1r.¡ farther that the _1:! differeace. hetveeD
this service statioa aDd tbe one locat.d on ao.e.te&d r.oad and Wolfe
.,.. vere that slWlpstoøe had been proposed for this .tat1oa rether
than used brick. the c:aÐOpy would be detached iastead of attached
and the shield would be £'é-Oved frOll the liahtilll fixtures to allow
360 degrees of light eat.aion.
The Ar~bitectural and Site Approval eo,.ittep discussed the sign,
however, no adion had been taken on the sign. In concludina, hoe said
tbe applicant had assured the staff that irrigstioD would be prOYided.
t.>uncUoan ~oel questioned the a~pearance of this station in compari-
son to other~ proposed previously by ARCO and indicated his favorable
comments relative to the service atation on V~lley Creen Drive in
coaparison to the proposed design a. submitted.
Hr. J. Rc~ert Dempster caoe forw~rd representing the applicant and
stated that another design had ¡,een prt"viously sub",it ted. He said
a tour o' the area vas taken. at the sURRest1~n of the staff, in
order to select the best features of each service station for in-
corporaticn into the revised design concept. The station on Val~ey
Creen Drive vas selected to be ~f the mast appropriate desi~n and
his clien:, thcref~re, agreed to revise his drav1nRs to acco~odate
the staff's desires. At =uch additional expense, he said. his client
revised h~s entire cor.cept and accomplished s~e vithin a period of I
0017 7 d.>y!' for this preset,tation. He ~ddec! that any and all changes I
u requested by the City vould be accepteci by his client.
When ques~i~n~d regard1~~ the ground cov~r, Mr. Ya~borough indicated
it voul¿ :e compo!'ed of 6-foot ever~reen trees and an unidentifiable
type of sreencry shovr in Latin on the rendering.
It vas ncad by Counc::l::an Socl that the canopy appeared to be stand-
ing by itsclf and tha. the t'erspective of th~ buil¿inR structures 1n
relation t~ the sl~pe h~d not been shown. He indicated he could not
as:ee that this was a prope~ representation of the buildin~ after
erection.
Hr. Dempstcr commented that the applicant presented the plan originaJ-
ly wit~ an attached canopy and the staff had requested that it be
detached. The applicant, he said, also offered to surrender the access
located on FQothill Boulevard at such time as conditions may varrant
it.
CC- 64
Page 7
discussien
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Pap a
fanlllac
.1.. J .....
479-K-70
1P?: icat i:-:
.pp r?·'e~
~epo:'! OGo
tary Avec.:..A:
ianc:scapiCC
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lfiDutes of the City CouDci1, ~."'er 2, 1970
CC-64
Architectural an4 Site ApproY&!. eo..tttee (continued)
CoUD..f1-.. c:r- _ 1a -all --t with CouncU- Joel .. to tile
render1n& _ 1Ie1Da 1a tile proper proportions uel sVU..tecI that
dravillp .. pnun'" iD _ ..~le for. incorporatiDa clear
.def1D1dÆa o~ tile .t~ .-:o.,oud.
CøuDc.11Ma 1'rv11cb ~ ~... dlat tile zoo! overhag appeanoi to be
sbort OD tbe MiD 8C1K~.. to wldcb Counc11aaD IIoe1 rap ~n II I that
Spaaiab tile c:oa1d ~17.... a difference in the zoof ."..r_.
After _ &_..- -...: .. relative to zoof line d..i....... arecI-
in ; it _ iDdicatecl by ~. Yarboroulh that the applicant did _t baY.
eno..h t~ to pnpare . ~.~. plan for presentation to the eo_cu,
Mr. Robert Truab1oocJ, 400 CoøventiOD Way, Reclvoocl City, advaøcecl
to the pocI1_ and iDdicatacl that the sharp portion of the arade vu
located at the plati... area aDd the remainder of the IrOUDd vu
fairly level. All dropa. lie said. bad been kept at a .int..,
I
.
Mr. Frol1ch vas of the op1D10D that the roof line vas the only problem
and that tying the building and the canopy together was not the answer.
He felt a flatter roof treatment vith an increase in overhang vas a
possible solution but indicat~d th~ proportions, all in all, seemed
to be out of perspective.
r.esponding to Hr. Frolicb's c......ents, Mr. Dempster requested l:uideUnes
from the Council as to materials, design, etcetera which were desireð so
that he might present this information to his client.
The ~~yor suggested that elevations be denicted on dr~wings and that
renderings be to scale.
A sh.'rt dialogue continuèd during which Councilman Fitzgerald indi-
cated his only objection to the plan was that the canopy and
building were not tied togel.ber.
It W3S ooved by Councilaan Green, seconded by Councilcan Noel and
passed by a unan1=ous vote of the Council that Application ~o. 479-HC-
70 he re-submitted to the Architectural nnd Site Approval Cocmittee
for iurther review.
24. Recommendation for approval of Mary Avenue Overpass
landscaping.
Mr. Yarborough introduced Mr. James H. Coleman, Lands~ar-e Architect,
~ho described the landscaping as beinK plante~ to screen headlight
"lare and to give definitio~ to the road. He indicated that additional
screening had to be incorpora.ed to provide privacy for the surround-
ing homell.
According to Mr. Yarborough, the cost of the project ~uld be in the
area of $2S00.00, vould consist of landscauing on both sides of the
overpass and, further, that the h<)meowners were in agre..ent with
the proposed plan.
- -_ of the City Council, 10. ·-r 2, 1970
- - -'-ural and Site Approwal c.. Ittee (continued)
.... . II by CouDc:1~ Gr_ _ þ "'- tbe residents had beeD con-
.Ii.. ... ... 1N&&rdiD& ~his lan~ 1'1eD. Mr. Colenan re.ÐOu..1,~ that
.9'" apprwc:Md 0'" Sept . _ 2IMI _d vere in agre.-ent at that
.....
_ _ ......d by C-CilaaD Woel. .. ~oaded by CouncU_ }'mUch aad
J 1 j . ...,--t_Iy U·...t tbe _cb'e _them raørp be landscaped _d
.... ... projec~ JO ou~ to bi4 radler tban ~he City personnel beiq
_ -eo' to cIo the job. 1be folløviDa vote vas taken:
.....:
-:
CoUDcil=en Fitzgerald. Prolich, Green, Noel and Kayor S~ke.
JIoDe
25. Jtec_ndation for appr;rql of Application No. 48S -ØC-70
(473-HC-;O) of Standard Oil Coapany for a pole sign located
at the c('mer of St~vens Creek Boulev~rd and Sarato~a-
Sunnyval" Road.
CC-64
Page 9
~ry Avenue
landscaping
approved for
bid.
48S-HC-70
presentation
:~ _ reportee! b' ~:r. Tarboro~r. d',at the service station apt"llca-
~ ~~olved hA~ ~"en pre'~ous¡y a~~roved vith the ex~eption of the
.i~ ø. said .e~$~e!eratioD .h~ulc be ~iven to.ard placement of ehe
c1.p &:>d hoW "a:!Y s:gns J~u1d ~ ir.vol....ed in the' plan. I
A!~er the staff ~d revi~ved trK cr¿~nance. it .as found thût one ~~õn
_.:.: be all......,,,¿ -":~ it wa!. su~.~.~~d that th.' sil\n be placed in t:,e
__._r are... 1: ;;,'~ reco......rce<i ::: :he .\rchitectural and Site ;'?:>re..al
r 'tt~ that ~~" sign b~ olace<i ~~ the landscaped area ~t the corner I
£_t o-;tside the ::ini:!"", si:c t.i.a.:>:l.'.
..- s~te was rnse:.:.d to the Co=cil s~ow~ng thl" area in question after I .
~ it va.. =:ove¿ ,"': Councilca: !'~ ¡, seconded tn- Councilman Fitzgerald; 3pplir.at 10n
..c ..-sed by a c~,~i~ua vote t~a: Application ~o. 485-HC-70 be ap- lapproveø
.......... .,¿.
26. Recøccen¿ation for appraval of Application So. 47S-HC-iO
of QRS Xo:.:, Si tn Coe¡>az:y to install existing pole sign for
7/11 Stor" ~nd ~he lanèscaÿlng, loc3teJ at 10033 Saich ~ay.
n~ Wen sh<,~':1 toy !1r. Yarborough as he dl"scribed the location md
~ of th" si~n. indIcating al$O that the 13ndscapin~ had been the
p~~ concern of the Architectural anJ Site Approval Committee.
!' .. r bt¡.ult to a rc",uest by tbe eo:.ittee that the owners upgrade the
1 .. ':"-;o1~ bl"l""", the BiRD prior to approval of the arrUcation, the
"_ added low ~rowing shrubs to enhaøce the area. The .atter vas
~_ revieweci by the eo-ittee at:4 they then rec_nded approval
~ die City Council bued \I!)OD tbe 1aprovements." "
Qa a ..rioo by Councilman Frolich aod a second by CouncUman Creen, it
_ ...-TPÒ unanimously that ApplicaUon No. 475-HC-70 be approved as
. ".d by the ArchitecturAl aDd Site ApDroval co..ittee,
475-HC-70
description
475-HC-70
approved
,
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,,--
.,..Jõ.
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t
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r:......,. ... 9
raff1c r.porr
C*lue.ted
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int.rpre~at ior-, ¡I
of 12 S~andar~
Condit:1ons I
r.ques~ed
discussion
appl1c_
r.U.... of
berm coedit iOD
. .
lI1nut:"s of tb. Cl';;y c-H, Hoveaber 2, 1970 00-64
!arka .:d ..creat1oa f'
'·.iøD
27, 10 -tiDl.
Vater ~.sioD
28. 10 -ùwa.
Library eo-1ssioD
29. SubadsslOD of 1UDut.. of _eting of October 14, 1970.
It vas pointed out by Kayor Stokes that a change of speed lillit tr.
30 miles-per-hour to 2S 1Iiles-per-hour frOlD the area of Saabo's
Restaurant to the viciJñty of the Catholic Church bact been sugge.tee!
in the Minutes for CODSideration by the Council. Be requested that
Mr. Yarborou¡¡h prepare a report for presentation to t:he ......r.
relative to the feasibility of this suggestion.
Public riearings
30. Request frca Pat O'Connell, representing Sterlin¡ Hoaes, for
an interoret3ti--n of the 12 Standard Condit:iODe.
Mr. O'Connell indicat:ed t:hat he vas under the impression that all 12
of the Sta~dard Condit:iocs had been met ab the development of this
subdivision had prc~eeded and, based upon total compliance, sent:
the plans out t~ bid in April. He said the subdivision is now
almost completed and, .""en applying for his final approval, he
vas informed by Mr. B~evich of 12 Standard Condit:ions of the
Architectural and Site Approval Committee vhich he had never seen
previously.
In continuing, he said one of the conditions had been t:hat concrete
I berms be installed tr.roughout: the property. The streets, he said, had
, been designed to meet the City standards as well as conformance to all
I of the other conditio~s as requested and to add these berms throughout
I the area at this t~e would create a tremendous drainage problem.
I A request was then made by Mr. O'Connell that he be relieved of the
: responsibility of instùlling cuncrete berms except: for utilizati?n as
wheel stops, vhich had .::.lready been done.
After a short discussion, Mayor Stokes explained that tl,e condition
had been intended for commercial and industria\ 10cat1ßLs to protect
the landscaping and that: residential areas shou\d not be included
under this condition.
Based upon the inforaõot1on presented, I! "",Hon vas entertained by
Councilman Frolich witb a second by Counci~A8n Noel that the
applicant be relieved of t:be condi~ion requiring the 'installation
Ø1autes of the City Council. Nove.ber 2, 1970
Public Hearings (continued)
of 6-inch concrete berms throughout the property. The motion carried
),y a uuanimous vote of the Couucll --"era.
CJrdf.......es
31. Second reading of Ordf-e 110. 472: "AD OrdiDaDce of the
City of Cupertioo MeocHaa Sec::icon I of Ordiuance No. 2 by
Prezoning a Certa1D Pon1oo of the County frea Neighborhood
eo-ercial (County (2) Zoue to General Coaaercial (CG) Zone
When Annexed to the City; Appron.ately 0.788+ Acre, Located
Southwest Comer of SteIIiDg JlDad and McClellan JlDad".
After a reading by Mayor Stokes. it vas JM)ved by Councilman Creen and
MccuII4ed by Councilman Frolich that Ordinance No. 472 be read by titl
oaly and that the Mayor's r.adiDg CODStitute the second reading of the
ordinance.
Ay_:
x-s:
C'.)uncil_ Fitzgerald. Frolich, Green, Noel and !1ayor Stokes
Hone
It vas tben moved by Counci1aau !'of:l \rltb a second by Councilman
Frolicb that Ordinance No. 472 be mact~d.
Ayes:
~:
Councilmen Fitzgerald, Frolicb, Creen, Noel and Mayor Stokes
N;)ne
Resolutions
32. No. 2077: "A Resolutio:l of tbe ,~1ty Council of tbe City of
Cupertino Allowing Ce~tain Claims and Demands Payable in the
Amounts and from the Fu~d5 as Hereinafter Described for
Salaries and Wages for Payroll Ending October 20, 1970.
After a reading of said resolution by Councilman Fitzgerald, it vas
.oved by Councilman ~oel and seconded by r.ouncilman Frolich tbat
ae.olution ~o. 2077 be adopted.
Ayes: .
Soes:
Councilmen Fitzgerald, Frolicb, Creen, Noel and Mayor Stokes
None
33.
He,. 2078: "A Resolution of the City Council of tbe City
Cupertino Allowing Certai: Claims an~ Demands Payable in
Amounts and from the Funds as Hereinafter Described for
Miscellaneous and General Expenditures".
of
the
..
"
Coua~ilman Fitzgerald presented tbe resolution to the Council and
it vas moved by Councilman Soel v1th a second by Councilman Creen
that ResolutioD No. 2078 be adopted.
Councilmen Fitzgerald. Frolicb, Creen, Noel and Mayor Stokes
Hone
Ayes:
1Ioe.:
CC-64
Page 11
Ord. 472
second readin¡
and enactment
Res. 2077
adopted
Res. 2078
adopted
I, ,
Page 12 ltImaCes of the City Council. lIo'Y.-b.er 2, 1970 CO-64
Uld1D1ahed Busi...
14 St.....-
....14' -
c..Iit~
ti8cu8MII
2eV cODd1::~
l;>proved
: =-.ff ic di.s-
"~ssiol! 01:
:"'st Esta:e.s
:rive
34. Jterier of the proIlO." 14 Standard DevelopMllt Conditioaa.
n-illg Director Sisk .Inl die discussion, ref1eeting that at the
~t Council _tillg the IM_.ud 14 Standard Development Coaditioaa
... DOt He ."NftCI w-.. of f-~lete inforaatioD. Be..U
..~ s _ ClllDllitilnlll __ . _ _ite of botb the PlaDD1ng C r..s-
.. Arc:b1tectaral ad Uta ....-~oi1 c-ittee's 12 StandarcJ CoIMU.tioaa
.... the ..wttiøa of "-wH."_ 110. 9 pertaining to undeta~""" at1l1-
~ ad CoIItitiøa 110. 10 I' _ fÖD& .tte plan. In conclucl1aa. he
.... thøe n!lrtsed cODCU.~ .... .... re_decl for apprvYal of
dta Council for fu~ .....
~ Kayar questioned a pJ:OYi&løD for tree installation as 98c1ftc:a1.1y
zelated to he1&hts to which 1Ir. Yarborough replied that a f_ 18
_11ected f~ the developer ... tr_ are purchased by the City for
p~t1I1g.
1Ir. Suk added that the 1Dfo__~ relative tr
1IØØ81 grov1D& rates of tre_ t.a required to b
ÜDdscape approvals being &t_.
'~ht, size aDd
lded prior to
r_re foU",,·ed a general discussion and review of the various condi-
cions presented;aad it vas _d by-Councilman Frolich, seconded by
emmcilman ~el and passed unaD1Dously by the Council tlu1t the 14
Scandard ne"elopu:ent Conditi.ons be approved p; proposed.
35. Re~ort on feasibility of additional stop signs o~ East
Est3tes Drive.
r.r::e Mayor recC!gnized a letter received from ~[rs. Idlt', a resident at
:0640 East ~st3tes Drive, Cupercino, presenting her views on the
traffic sit~ation existing on East Estates Drive.
A brief review was made by ~r. Yarborough in which he reflected
suggestions ~3de at the la~t :eecing. He reported that the volume
~: traffic in this location had not met with traditional stOD sign
~ontrol st~r.¿ards and that cost of the reported incidents were the
result of e~cessive speeding. He said he would not recommend stop
signs but, if the Council ca=e to a decision that stop signs be in-
stalled, he ~~uld suggest a three-way stop at the intersection of
Last Estates Drive and Glenview Avenue.
In reference to street closure, he continued that the possibility
~d been discussed with the San Jose staff and ~hey were reviewing
rhe situation.
l'.espondin¡: to an inquiry by Councilman FroUcI, concerning reflectors
being placeJ in the middle of the street, Mr. Yarborough said
delineatars had been ordered for placement at the location to
reduce the curvalinear probl....
.. of tbt ~~ :;.,wcil,... . Ir 2. 1970
- -""ahAd 1lusi2s5 (cont1n*>
__ ~.rs. a :-es!:ient .t 10466 m..c ~ees Drive, c... forward
-1Da that :~ _Jority of s.c,' ~- bad occurred between the
of 12:00 ~' ~&ht and ):00 ..... -.I it vas her feeling that
... -.17 vay tc S;:Te tbe proU_ 1 J" lie to close the street at
... ~h, strtSS~ the f--nl!ate ~J. 7 of the situ.tion.
Stokes ~-= !frs. Cr1&er8 ~
- j''.- proc:ess aX :ertaiD pro' . ..
.- - £0 actio: :: :!lis type.
.creet closure vas not a
'I" have to be accomplished
Ict _ then ~.s:~ by Mrs. C~. . ~ police patrol the street
- these ~=5. :0 which the ~.7""1' ~ponded that extra patrols
... ~ used i=. :":':'5 are. aDd eM ~1a& City Man.ger, Mr. Ryder,
_ :Ia the proc~ :: conducti. ~f_ in this reg.rd. .
T l..ent to a 5:'::: dialolue, JIr. Jerry Idle of 10640 I:ast Est.tes
~.e came fc~'~:~ ':3t1ng t~t be llYes at the intersection of
- .1ev.nd r.u: !.s:3tes Drive. ....u the crux of the problem
_ b the are~ :ol:-.¿en LaMar ~ mill C;¡enview Avenue and that
cs. a:1ddle p-=::~=: :: the area sboalc! be controlled rath~r than the
...... If s1~5 c< ::aced at thia ~:i.on, he felt they should not
Ie 1'1aced at :::. ~::3:ion suagest_ prrr1.oudy.
. z:macern vas ';=~:~ :::: ~r. Tarboroqh ::.at stop signs were often
~ .s drag :.:. .:1::1ng lines ~. .!:er . c:ontinued dialogue,
~~ilman F::::.: .:i:~ated his clsalr~~t that s~ee~e:s would
~ ùe stop ~~f:i :: rlaced in tbe ar&&, .ddinl that th" l-lenview
J .. stop s~¡::.":_~': be ineffactl_.
~g the ::~=:",::'=31 stat_ts of c]:e Councilmen, it was IIOved
iD!!r CouDcllman 'f::~.:: with a a&cODe! b7 c:o-...ocllaan Creen th.u an
~-·"ce be i:l.-: ::: placement of step slens .t the intersection
c! .....rt A~·e::_; ¡::= ~ast Eat.t.s Drl_ aDd Clenv1ev Avenue and
~ £atates :::',
~: COUDci:~~: :~::ierald. Frollch. Creen, Noel ~nd ~yor Stokes
....: None
ii: __ the ,e=õ::L ::~n~on of tbe _ber. that stop 5i,ns :1.1d .olved
-,- proble--s :: ::o! ::'.1stmd coul~ !>e the aDS_I' to tho' .."ht1nl
aafflc prob:~ :: ~:i: Estate. Dr!....
1Ir_ Ted Dun~: :: ~;:'~ East £Stat.. DriTe vas recognized by the
- _...~. Mr. ~:..: :~¡:oJrted that be haè studied the aitlUtion and
... f:lDdings ".~:< :.:..: the c.r. vere .ostly coaing fr...r.! th.. San Jos.
aad usua::y :::':ded at speeds 18 ez=ess of SO aUu-per-bour.
... -'fered his ~:~ent that eltber stop .ign. or .treet closure
..... be the ul:a.ct! solutioD to tM eJdst1q problea. io the area,
at __ requeste-':: :-< ~yor Stokes that !fr. DuDbar a. _11 as the other
·.a-t. give Co ~i-=ation to tbe Co -U..s to ll1prov.....nt.. if
.... .." the use ~: :':..e .top .i.... Ie do1.l!& tbis,' he cont ioued,
... Cit)' would be ~:. to proc'" vUlt odaer ...ure.. if required.
Œ-64
PIp 13
fur~ber
d i8CUSS1.oD
stop s:.&:>s
ppr::..~
dd1t1.=&al
~ IU:.
j
¡
I nœe ~o the differe~~e in figures, the Mayor indicated that he was not
I ~eè that this ~3S a logical mistake.
I DIe ~je.ct vas dis~u$S..d briefly, after which it was IIIOVed by CouncU-
__ 3ward to ì ~ F1tzcerald ar.~ se~~~ded by Co~cilman Green that the bid be avarded
Jese For:¡ ~ s.a 30se Ford ~~ :~.. &count of $S,IOl,67.
A~: Coun.cUmen :i::¡erald, Frolich, Green, Noel and Mayor Stokes
I Jices: JIioae
?age 14
::úf1c
3tlQrt on
::mt:au Oyer-
,.sa
",.~rt
m:horized
~:..:')motive
'_:5 dis-
:".;..3 sed
,-
--:'!crt on
'-,;-10
itponed
.
.
-
- of tbe eitJ Council, Nove.ber 2, 1970
CC-64
- - . - . BudDeN (cocatiDuecI)
:' 36. "port lID propoøcl q&' II 11. with Vallco hdt for traffic
studies nlatiD¡ to ""tau ....... onrpaa at Ioute 210.
;., f J, to the City Council'. r..' rM ac their last .....tlal.
" .. r - _ ..de by Hr. Yarboroup with the Yal1c:o Park ..hlatatr...
,. tM ..,.'1-..". to the ùo". dted it_ .... it .s clbCGftrel tllat the
.... J.' -.. DOt haft tn contribute aø' .n t.... tlla _c alrN117 ....
.. -:-r +a .
I& ~ __..cI by CoUDCUaa Fius_rald, øc:oacIed by CouncU,_ ana
~ 4 --.ort be autborized witb ..u mctoD being carded witb the
'-'.... ... wot..
.I.,
-
c..cllll8l1 F1uaerald, Fro1lcb, Gr_. Noel and Ma1O: Stob.
--
.
.
37. Report cn request of low bidder for withdra...l of bid aa4
award e: bid for two, 3/4-tOD pickup tru~ks. (Continued
from meeting of October 19, 1970)
Af-..-- . review had ~en mad.. of a letter from San Jose Ford Sales
~'.1ft1~ their pre~ious bid error, it vas the consensus of the
r _~ that said l~::er had not suustantiated that a typographical
_~ bad been made in their automotive bid.
38. Status .e~~rt on conditions for 9-U-70 requiring removal
of bi::~.rJ sign.
Ca . eacaestion by ~~y~r Stoke. that the matter be postponed to the
D82% ...t1nI, it ~.. S~ ~ved by Councilman Cr~en wi~h a second by
eo.aet1--ft Frolich. :015 motion passed vjth . unanimous vote.
.... "iDess
)9. Award c! contract to Challense Developments, Inc, for
$1,689.00 for placemeDt of irrigation piping and electrical
conduit under paved areas near Library for the benefit of
thu Libr~ry Plaza.
.
.
M1øutaa of the City Council, HoveBber 2, 1970
.. "':dIess (continued)
40, frn_tat1oD of ,laDs atid specifications for Library
Plu& and authorization to IlUla1t to bid.
T.1 'I of the re1atiœahip bel_ .... It.. 110, 39 and 40, the "-for
J"k : t'ted and it vas agreed to by the CouDc:ll _ber. that the two
.,.. 'lie conaJAIered at the __ tt.e for discussion.
1Ir.. 1ÍI1fred E. 11...11\8, 48S 1Iørth First Street. San Jose, IDdicated bis
pI r ) lJr.. in br1qiDl the wrJdDs draviD¡s ad specifications befon
the CouDcil for their approval.
Be ~.red three a1 ternates: 1) the area between tbe City Ball aDd
tbe .-rUns lot. 2) autoaatic spriDltler system controllers and 3) tbe
_podLUDlty to put in mature Olive trees in the plaza rathet than to
pat :Iø _turiDg trees.
Be CODtlnued that tbe SUID of $1,689.00 had not been included in the
orta~ftal cont%.~t for the piping and electrical conduit and
_ ·ted, fur:!:.er, that this would have to be incorporated as
the building ~roceeded toward completion. He added that the
staff bad sug¡es:ed this item be taken care of separately and
inquired as t~ whether a separate contract should be drawn or if
the _tter co:;:': be handled by a Change Order.
It ..s recomme~ec by Mayor Stokes, for expediency. that this be
handled by mu:s of a Change Order.
It vas IIOVed :y Councilman Frolich and seconded by C. .uncllman Noel
that authoriz~:~~~ ~ provided for a Change Order to Challenge Develop
..nts, Inc. i~ :he amount of Sl,689.00 worth of funds to paid for by
the City of C:;.crtino.
I.y_:
Hoes:
Counci::en Fitzgerald, Frolich, Green, Soel and Mayor Stokes
None
Hr. Blessing re~uested that be, as the architect, be authorized to
saba1t the dr~.:r.gs for approval by the staff and by the City Manager
and be be aut~ri=ed to advertise these for bid.
It va_ 80 mo.e! by Councilman Frolich, with a second by Councilman
Noel and the :~:l~ving vote was taken.
I..y..:
...:
Counci::en Fitzgerald, Frolich, Creen, ~el and Mayor Stokes
None
Coasat Cale~.1r
!be ~yor inquired as to requests for removal of item2 from the
~t cale~r and, after a negative response had been indicated,
CC-64
Page '5
Library Plaze
co_nt.
Change Order
approve.!
submittal of
plans approved
Pale 16
,
L
.
í.
~'
rraonnel
....ion
Resolution
2080 approved
t 1me depo s it
approved
.
.
MinuteS of the City Council, November 2, 1970
CC14
Consent Caleudar (continued)
it vas ao..,~ br COJõllCf1-~ "I witb a second by CouDc:1lasn Green that
the consent calenaar be apprvyec¡,
Aye.:
lfoea :
CouDc:U- I'itzaera,1cI. FroU..\., Green, Hoel aDII Mayor Stoka.
lIoDe
It va. requested by llayor Stoke. that the Council adjourn at this tiM
to a per_l ....:Ion with Attomey.w-. A aot:lon ... entez:ta1ned
by CoWlci~ Green, MCODded by CouncUman Frolicb ad pa..ed unani-
mouslI that the _.tin& be adjourned to a per8ODll&l ....ion for the
posit on of City Attorn.,.
The _eting _. d.dared adjourn.d at 10:4S p.m, aDd ... reconvened at
10:SS p.m.
Report of Offic.rs
42. City Staff
It was requested by Acting City Manager Ryder that Resolution No. 2080
be approved by the Council.
After a reading of said reaolution by Councilman Fitzgerald, it vas
I!!oved by Councilman Noel, !!I",conded by Councilman Frolich and passed
with the following vote that Resolution N~. 2080 be adopted.
A"es: Councilmen Fitzgerald, Frolich, Green, Noel and Mayor Stokes
};"'~s: Sane
Councllm.1n Fitzgerald commented that otis had been received from three
different banks relative to a time deposit of SlSO,OOO.OO for a period
of 89 days.
After soce discussion as to comparative interest rates, it was moved
by Councilcan Noel and secon¿ed by Councilman Fitzgerald that the
funds be deposited in Barclays Bank but no vote was taken at this
time due to the necessity of further discussion.
The subject was expounded further after which it was requested by
Councilc~n ~el and Fitzgerald that the motion and second be with-
drawn.
It was =oved by Councilman Green, with a second of Councilman Noel
that the sum of $150,000.00 be deposited in Wells Fargo Bank and
the following vote was taken.
Ayes:
Noes:
Councilmen Fitzgerald, Frolich, Green, r~el and ~ayor Stokes
!\one
~
-
JUaUUI of tile C1t7 CouDc:l1, """'r 2, 1970
.hl Drt of Officers (cont1Dued)
.
AcC1D& City !llaa&er RycJer referred to It.. No. 5 in his veTlrly report
wllerein it Ud Wen iDdicated tile efforts _de 1D the past relative
to landsc:ap1al wit bin the City baYe resul~d in awards being presented
., tbe ..dUD Assøc:iat1oD of lur"rJMn to two local SUll ..rdu
.cations.
IJa reference to It_ 110. 9 in lais report, he requested tbe Council's
-.proval of a _rrant 1D tile _ of $100.00 for financiDa tile
"curalist Prolr.. as described,
It vas 1IIOVeè by CouncilaaD Gr_ vith a s~ond by CouncUun Ficzgeral
that a warrant be dra_ in tile _t of $100.00 as requested by the
Acting City ~ger.
Ayes:
1Ioes:
Counciaen Fitzgerald, Frolich, Green, Nod and Mayor Stokes
None
In response :~ the Kayor's request for aJditional reports, 'Planning
Director Si5£. vhile us1Dg a visual aid, indicated that correspondence
bad been re~eived from the Raisch Coastruction Company, the prime
contractors ~=~ the extensioa of Route 85 to Stevens Creek Boulevard ,
requesting te~orary use of a sectioa of property locatcd on Mary
Avenue for a .uiod of four _eu beginning )¡ovember 23rd. They
have alreed, ~. said, to uphold pollution standards and to vet down
the property := el1ainate dust pro~l..s.
Mr. Carlton ~~ of Raisch Paving Company came forward offering the
follovina i=i=~tioa: the main hours of operation proposed were
8:00 a... t= .:30 p..., silos vere to be enclosed vith dust bags
and the pia:: vould be locat~ approximately 300 feet from Mary
Avenue.
It ..s su¡¡es:ed by Hr. 51st that approval be based upon the condition
chat Kary Ave:... Dot be used for transport of materials, to vhich
Mayor Stokes ~~mmented that any such conditions should be left up to
the staff per:aining to operation in said functions vithout the
.ituation be~=sing a public au1sance.
It vas aove~ ~y Councilman Noel and seconded by Councilman GrEen
resultiDI i: a unanimous vote that the matter be left up to the staff
.. related := the dust probles, time limits for the temporary use
and othsr ~e.sary coaditions.
Parks and ~reation Director Parham informed the Council that he
had received a postcard from A.¡,A.G. relative to the H.U.D. applica-
t1aa. add1D& that efforu would be proceeding in this regard,
In cont1l1u1D&. ~Ir. Parbaa c.c. 'JtIted that 1300 youngsters and their
"l'eDU _t tbroulh the Haunted Bouse thb year.
43. City Counc:1IMo
r~II.1a Cree. reported that ..veral complaints had beeD recaived
~e1at1Y. to dust froa the Sear. CeIIfOrary Parkin. lot aod Hr. yder
CC-64
Pase 17
landscaping
a..rds liven
varrant ap-
proved for
Naturalist
Program
temporary
property use
requested
conditions
to be imposed
by staff
Parks and
Recreation
report
Pace 18
,
t
reports mid
gener"l
discussiøa
adj"urnrner.~
e
.
II1nutes of the City Council, Haveaber 2, 1970
CC-64
responded tlut this probl_ had been cleared up subaequent to tile
co.plaints beiDa reaistered.
Hr. Green tbeD voiced his concern that the Parks C~ies1oD hM DOt
been meeting on a relUlar basis, commenting that a .ore oraaaized
approach should be taken in this resari.
.
l'arks and Recreation Director Parlwul explained that a _ati... bad be_
scheduled during tbe week of Havember 9th and added that all efforts
recently had been directed towards the Bond Issue.
Mayor Stokes'indicated his agre...nt vith the coaaeDts of Counci1aan
Green and a general discussion folloved.
Councilman Frolich made the suggestioo that the City Council aeetinls
be started earlier in the evening at 7:30 instea¿ of 8:00 p...,and the
Mayor requèsted that the members consider this suggestion and that
the discussion be continued at the ncxt meeting.
40. Recognition of Non-agenda Items by the Mayor,
There were 00 r.on-agenda items offered at this time.
Adjournment
It was ~~Vè¿ by Councilman ~oel, seconded by Councilman Green and passed
unaniMously that the meeting be adjourned to ~ovcmber 4, 1970 commencing
at 7:30 p.C!.
The meeti~s was d£clared adjourned by the ~~yor at 11:20 p.m.
APPROVED:
Isl Gary G. Stokes
~~yor, City of Cupertino
ATTEST:
Is/Wm. E. Ryder
City Clerk