CC 12-21-70
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w
CITY Of ClTEFtINù, State of California
10300 TorTe Avenue, Cupert1Do. California
Telephone: ~5~-4S05
MINUTES OF THE IECOLM nr;nlllC OF THE CITY COONCIL HELD
DECEHaEll 21, 1970 IN THE COUNCIL C1L\.'!BtR, CITY HALL
\Alru.IIJIO, CALIromaA
M 8:01 p.m., the Kayor caUe4 the _eting to order aDd led the
_.-b~.ge in a nag salute. The Mayor then preMnted the DeW flag
for the City of Cupertino.
loll Call
CouQcil~n in attendance: Fitzgerald, Frolich, Green, Noel and ~yor
Stokes. Also attending: Deputy City Clerk Gladys ~cHugh (sitting in
for City Clerk-Finance Director Ryder), City Attorney Ada~, Plan~in~
Director Sis~, Public Works Director Yarborough, Chief Building In-
spector Benevich, rarks and Recreation Director Parham and Recording
Secretary ~lores White.
~Jr.utes of ?revi~us Meeti~~s
1. Arprovai of Hïnutcs of aùjùutn~ù r~gulàr m~~tiû& ûf
~~ve~er 30, 1970.
2. Approval of ~nutes of adjourned regular ~eeting of
December 14, 1970.
l~smuch as there were no corrections or additions to the ~inut~s cf
Sovembcr 30, 1970 and Dece::lber It., 19ìO, the minut"s of these t...o
_etings ...ere approved by individual ~otions by Councilman Green and
the second of Councilman Frol1ch which were carried by unanimous vot~s.
_Titten C~~nications
The audience was inCormed by ~wyor Stok~s that Acting City ~bna~erl
City Cler~-Fin~nce Director Ryder wou1J not be p~esent for the Þeeti~g
as he had recently undergone surgery from which he had been recuperat-
iDg.
The Mayor then recognized several letters indicating opposition to
Application 14-Z-70.
3. From Sylvi~ FortuQ requesting denial of Application 14-Z-70.
4.
From :k. and Mrs, Charles T. Cheyne requesting denial of
Application 14-Z-70.
5. From Mrs. Pat Shelton submitting a proposal to halt Curther
development of Foothills of Cupertino. (Application 14-Z-70)
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cOll!t.1unlcations
1ntrO<!·.......d
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Minutes of the City Council, December 21,
"'icatioa. (continued)
.
1970
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Written r
,6. Fraa Mrs. .Jacquelyn .. Ball opposinl develcs-eat of Footh1lh
of CUpertino. (Application 14-Z-70)
7. rr- Explorer SeGUe. reqaeating car. be tabn ia aDy dec:1a~
..... for _ pI.la in the ioothil18 ar..
8.
Fraa Joseph E. Preston, rs It., UDitecl Stat. Air rorc. req~_t-
tna a proc~t1_ of the _It of .January 4 to .J_ry 10, 1971
as Air Fore. 1IiIa. Week.
Air Forc. liar..
Week prOJClas.acl
It _s reque.ted by Kayor Stoke. that the Council taka action on tM.
request for s proc~t1OD, after which it we aov.d by CouDCi~ IlDel,
secondecl by Councilaan Creen and passed u...n~sly that the _k of
January 4 to January 10, 1971 be proda1med as Air Force lIur.. WeeIt.
The Kayor then recognize" various cOI:CIUnication. received concern1aa
the preservation of opeD space and in support of the Mid-Peninsula Park
and Open Space District.
9. From Mrs. Donald R. Sallan advocating preser\-ation of open
spaces.
10. Froo Mrs. Warren G. Holt re~uesting endorseoent of the
~~ncept of an Open Space District.
, <Jrther
":~ï.~unica:ions
~ "c ~&nize ~
11.
:roc Mr. and Mrs. Harold ~. Roberts urging Cupertino's support
:~ the idea of a regional ?ar~as well as opposing any zone
""anges from residential t.:' ~igher density zones.
l~, :ro~ Mrs. D. E. Larson, President of the League of Women
~.;'ters of Central Santa Clara ,alley supporting the Open
>?ace District.
13. From Mrs. ~illiam C. Watson. President uf the American Assocla-
:~~n of University Women (S<Jnn)~ale-Cupertino Branch) urling
,reservation of open space.
Mayor St:~es commented that the City ~f Cupertino had gone on record
many ti~ in the past in support of :~e Open Space Proposal to be
discusse~ as Item No. 47 on the agenda.
14. From Martha G. Higgins requesting permit to display and sell
~oscot Cosmetics.
After the letter from Mrs. Higgins ~as introduced by the Mayor, it vas
moved by ~ouncl1man Noel, seconded ~y Councilman Fitzgerald and passed
that a ~siness License be issued with Councilman Green voting DO.
IS. !'rom Santa Clara County Heart AssocIation, Inc. requesrina
¡>ermiss1on to solicit during the ""'ntn of February, 1971.
Subsequent to recognition ty the Mayor of the request as received from
the Santa Clara County Heart Association, Inc., it vas moved by
Minutes
oi lhe CitY~OUnCil, December
.
21, 1970
Written Cocmunications (continued)
CøuDcilaan Fitzgerald, seconded by Councilman Green and passed unani-
aooaly that a Solicitation Permit be issued subject to approval by
the San Jose Public Solicitation Commission.
It vas BOVed by CouDci1aaø Noel, seconded by Councilman Fitzgerald
and passed unanimously that the letters introduced be acknowledged
.. rece1_d and filed.
Oral Communications
12. Request by Councilmen for removal of it... fro. the Consent
Calendar.
There were no requests for r....oval of items from the Consent Calendar.
Report of COŒliseions
Council R~presentatives
13. Transportation Policy Committee - ~byor Stokes
14. Planning Policy Co~ittee - Councilman Fitzgerald
15. Inter-City Council - Mayor Stokes
16. :e~gu~ of California Cilies - ~~yor Stokes
17. As~ciation of Bay Area Governments - Councilman Frolich
It was <e~"'rt"¿ that there "'ere no meetings held of the above-c ited
groups.
18. flo~J Control Advisory Commission' Councilman ~oel
19. Santa Clara County ~ater Commission - Councilman Noel
It was rep",n"J by Councllcan Soel that he attended" meeting wherein
the bud,:et f~r the cor,lng year was introduc"d. lie added that ,mother
meeting "'",uIJ be held in the near future.
20. Soli¿ '-'aste Co....it lee of Planning Policy COllllllittee _
Councilman Green
Council:.ln Creen a meeting had been held at which he informed the
group th.lt the City uf Cupertino had indicated its willingness to
participate in the proposed solid-waste study financing once the
final figure was decided in the neighborhood of $400.00.
Planning Commission
21. Submission of Minutes of December 14, 1970.
22. leco...ndation of the Planning Commission that the City
Council enact lelislation repealing Ordinance No. oo2(e)
which provides for the acceptance of County zoning upon
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Page 3
Solie itaUon
Permit
approved
various
reports
Pale 4
on, 002(.)
~taU-
Pl_1D&
c-t.si_
~Uc llesriq
re_ -...........
.:hange ~: zone
:t.e5t:'\t~::.._:'~
?.es~ of ::.:.e"1t
lDdicat~,:
r.C-51,088.4
approved
Minutes of the~ty
21, 1970.
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CouncU, Deceaber
Planning Co-.1ssion (contiDued)
anneuti_ to the City, aDd adopt by re.olution the poliey
that all property beiDl _xed shall be prezoaed prior to
the coaplecJoø of -.,..ation proceN1np. .1-111, c-1..tor.
...olution ~, 834 elated Doceaber 14, 1970,
PIa.1a¡ Director .Uk -.1.1..... that the .Ia.1n& r-I..Joø ....
rec led that the ai8tiDl orel1Dace, 1IiI1cb is ilwal1cl ac cIa1a
tiM, be repealecl ... chat tbe Coancu acIopt a policy thec aU
property a..-,,-d be pn___ prior to the ~leti_ of -·u_
procead1np.
Hayor Stous indicacecllata f_oraltle c_ta concerniq the propoaal,
after v'úch Mr. 51.1t c_ti....... by aayins that the proper cour.. _ld
be f« the Planni. (' ...toa to .et a Plablic ....riD& Qf the utter for
review of the proper.ad ord1naDc:e as _11 a. the exiat1D& orel1_e.
It .... so moved by CouDcil8aD PiUKerald, secoDded by CouDcU- Green
and passed by a uaaaiaoua wote,
23. Recommendation of the Planning Coaaiaaion to the City Couacil
regardiaa che possibiliCy of initiation of chanse of zone
~n 12.8 acres of Planned Development (P) with commercial use
intended, to Quasi-Public Building. (SA) zone, located at
the southwe.t corner of Stevena Creek Boulevard and Stelling
Road. (DeAnza College property) Planning Commi.sion Resolu-
tion ~~. 837 dated December 14, 1970.
Mr. s>.~ reported that the property in question vas in a P (Planned
Devel~.~nt) zone with coamercial intent. The Planning COmmission,
acc~r~i~g to Mr. Sisk, ~~j recommended Resolution No. 837 ~ accepted
so t~~t present zoning could be changed to conform with the zoning
on the ~e~inder of the college facility. He said the proper procedure
in this instance would be to initiate a Resolution of Intent to change
the :or.ing which would result in a Public Hearing by the PlanniDl
CocImission.
It wa~ ::loved by Councilman Fitzgerald, seconded by Counc ilman Green
and passed unanimously that a Resolution of Intent be initiated and
that a Public lIeariDg be scheduled by the Planninl Commission concern-
ing the proposed change of zoning.
Architect~ral and Site Approval Committee
24. Submi~Äion of Minutes of December 9. 1970,
2S. recommendation for approval of Application HC-5I,088.4 of
Integrated Systems Technology Div~sion, Varadyne, Inc.,
It'060 Bubb Road, for a sign.
ñ ~r~~f ~pscription was presented, after vhich it was moved by Council-
man Seel, seconded by Councilman Fitzgerald and pas.ed unanimously that
Application HC-SI,088.4 be approved as presented.
Minutes of the C1tY'OUDCll, December 21,
t
1970
Architectural aD~ Site Approval Committee
26, Recoaaeødation for approval of Application BC-51,OlS.6 of
Federd Sip sad Signa] Corporation for a sign for the
look Eød located in the Crossroads Shopping Center.
It vas aoved by Council8a Noel, seconded by CouDcUaan F1tzlerald
and passed by a _~ vote that Application BC-5l,OI5.6 be
approved.
Parka and Recreation c-1ssion
27. Meeting of Dec..ber 8, 1970 - No .inutes due to lack of
quor....
Water Coaalsslon
28. Submission of Minutes of November 25, 1970.
Library Commission
29. Submission of Minutes of December 14, 1970.
Cupertino Citizens Goals Committee
30. Submission of Minutes of Goals Committee Meeting of
December 1, 1970.
31. Submission of Minutes of Steering Committee Y~etihg of
December 1, 1970.
32. Submission of Y~nutes of Steering Committee ~eeting of
Dece~ber 8, 1970.
At this time, ~yor Stokes introduc~d Item No. 4S on the agenda.
He indicated it was out of order but ~uggested favorable action be
taken by the Council to send the Cupertino High School Band to the
Pasadena Tournacent of P~ses Par3de by means ~f adopting Resolution
No. 3001.
It was moved by Councilcan Noel and seconded by Councilman Fitzgerald
that Resolution !lo. 3001 be adopted as recOllllllended.
Ayes:
Noes:
Absent:
Councilaen Fitzgerald, Frolich, Green, Noel and Mayor Stokes
None
None
Public Hearings
33. Appeal of Application 14-Z-70 of Van Hoag requesting reversal
of Planninl Coamisøion Resolution No. 825 denying the grant-
ing for prezoninl of approximately S4 ~ acres from County
Al-40 (Single-family Residential-Agrl ~tural) to P (Planned
Development) with RlC (Single-family Cluster) and R3
(Multiple-family) use intended. Said property is located
northerly and southerly of Stevens Creek Boulevard, ap-
proxiaately 1600 feet we5t of Foothill Boulevard.
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RC-51 ,015. 6
approftld
various
.inutes
recognized
Res. ~''Y)l
adopte¿
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tI1IIate. of tile Ity Couac11,
Public UeariDp (contimled)
e
DecClller 2i, 1970
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pl.....f.. Director Sbk reported that the PlaDDina c.-f..ion had pre-
Yiøual)' revtewd the application and aubsequero,tly r~ 'eel deD1al
of _ ..._ OD 1'-_ set forth 10 "Alation 110, '25,
*. III1cola 1Ieh1l. utUllnt1øa HcIaiD, Herall .... Aaocfatee.
~rs of a. -'\--. ~ fl'aa the ....teœe bdicaU...
eMt aD ell. . to the or1a1Dal proepectus bad .... .a.1tted to
eM ,1_f.. r f-.1aD. Be tbaD ,resented reriHII .tee ,t.u and
.u.an to the C-C11 co oriaDt theII with the """~f t,
The _jor Ie.. of _jecUOD _ 4eacr1bed by 111', IIcFa1l .. beilla:
1) hilltop ~ aDd 2) _ra11 ~tty of the __l......t,
.. súd that or1a1Dal1y the p18_ called for '0 ,..t!o l .. with
ro..b locl...ed to be plac_ on the boll lIhich ~lCI l'84¡uf.n _-
tenaiw aredilla of the ul'tb. lie coatioued b,. saYilla that the
ÙDa1ty had .... reclaced frOD ',4 to 7.7 dveHina anita per acre,
bot that the prDar)' c:baaae had been to leave the hill UDtoac:hecI.
111'. HeFall deacribeò the deve1ops1eDt as COllpUeel to the WestrUp
developmant aad ~:nttt that tbe ,'oof lines vere v.ried, aD
abundance of open 'pac~ had been considered, generous landscap10a
had been proposed along with a wandering r.reek and the land coveraae
would be less than Rl-subdivision to incorporate ~O per cent open,
common usable areas.
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:-¿~f::ltati.:.,:,_
::.": ~udie::'':é
~n:s
In "ond...l(nl. ~Ir. ~çra!l oention"d th3t the Per::ancn:" truck traffi..
is approximately one ?~r =inute present];· and the p:~ns vere to in-
corp~rdt~ a sound =~und to be landscaped reducing the noise to a
tolerdble level for the develupment. He said the dev~lopment ~uld
be particularly appealing to middl~-income families and "empty nest..rs"
selling "n the rang~ of $22,000 to $26,000 and incorporating open
c~n green ar..., play areas, pools, a recreation buildina and
prlvatc streets.
Mr. McFall au.aarized his previous commen~~ briefly an& conveyed hia
feelin ! that the prublems had been resolved I.: the revised plan
vhich would leave the hill c¡¡,"pletely untouched ..'td the density of
the lower area reduced consiaerably,
Prior to requesting 4uc1ience coaaents relAtive to tl.ls application,
Kayor Stohs recognized several letters opposing the reversal of
the Plannlnl Commission Resolution as follows: from Sylvia Fortur
dated December 13th, from ~, and Mrs. Charles Cheyne dated Dec~mber 13th,
from Pat Shelton dated December 14th, from J&cquelyn B. Hall dated
December 16th and ~rs. ThOlllas C, Robbins dated December 16th. He
then recognized a petition filed by local r~plorer Scouts urging that,
the City Council carefully considar new plans in the foothills areÀ.
Sev6ral opponent, adv~DCed to the podium voicing their objectioas
to the develo lllent which were generally 119 follows: addition&!
traffic, ejection of DeV students into already crowded schools,
resultant higher taxes, high dcnsfty, narrowness of streets aad a
awage systea being 1ncorpurated.
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Minutes of ti.c . C=ncil. December 21, 1970 .
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Page 7
Public Hearings (continued)
Some of the primary concerns voiced by the citizens ver3 that ~he
Federal Housing Authority bad rejected the plan, that che density
vas too high and should be reduced to 4 dvdl1ng units per acre
and that there vas no assurance that the open space _uld be
reUiced at _he top of the hill.
In rebuttal, !fr. McFall poiDted out that a traffic study bad b_n
.-de which indicated a Larae increase in traffic because of the
development, however, tM situation vas one that would ul t1aately
be?e to be rectified 8wy__y. Inasmuch as the developaeDt vruld
not be cOIIIpleted until 1974, he said the problem would ¡:.robably
k diJainued by that tåe.
Concernintt the school problem, he said the school district had
given its assurance that it _1<1 handle ~he increase of approxi-
mately S.4 children per acre.
Mr. McFall vent on, it_ by item, indical1ng the reason th~ F.B.A. had
forwarded their form ASP-3 t~tatively rejecting the plan was because
of the noise level of the trucks and because the project had not been
z~ned prior to acceptance. He said the financing available ~ould be
FHA, VA and Cal Vet, the zaning of Planned Development woul= ~e in
keeping with the surrou"¿i:o¡; area, the streets would be adequate .ond
had been approved by the Fire District for servicing the developce~t,
the parking ratio was ade~~te, the existing ~ewage facilities along
Stevens Creek ~oulevard ~~re sufficient to handle the developcent
vith no additional servic~ ~eing required and the 10 foot setbacks
from garage ~o the paved area would not be a problem.
l4-Z-70
further
discussion
Hc concluded his rebuttal ~y co.....ntlng that !,::irage door openers
vere to be sc¡>plied wit;' :~.e developm'mt and not as án optionãl
ite~ and that a coaouni:y a~inistrato~ ~0~lè actively enforce the
standards ~f covenants a~= restrictio~ð of the community as well
as control ~f the landsca;i:og, security, parkinR and the electrical
security gates.
A brief dialogue followed concerning ownership of the hilltop area
and it was agreed by Mr. ~~rall that the the property ownership
could be retained by the City instead of the Homeowners Associa-
tion as indicated previously.
It was then moved by C~u~cil=an Fitzgerald and seconded by Councilman
Grecn that the public hea:"i:o¡; be closed, however, no vote was taken
at this ti~e as discussio~ continued.
!"l:C ',. co"""cnts and question.. w"re offered bv concern~d citizens
'" ". -hom quoted the FE.A. reject ion as stati~g, "nut ar.ticipating
,,,,' J..c ,,,ating in this proje::t an, that it was not one .:'at ",e vou::'d
"n'.f~ii'a'" insuring" an¿ the otbcr que:Jt1oning thé stacking capa -ity
¿hen adv"ncint; ~"e electric .:a~es. Me. ~lcFall resp'Jnded that the
allot~ent had been 10 spaces,_dding thac much b~ck'1~ inrormation was
svaUabl'o in support of this figure. .
raae I
fllbUc J'
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rl4-Z-70
¡
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I"~
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Counci~-s
C~Qts ~
discuss1011
JllDDtes Qf t:.e ttT Cound.l.
Pd>lic Bear1:l&s (conUDUeOI)
.
1970
CC-7S
,
-er 4'1,
m'rc
.~ & 'Wete vas taken at tbla ~ _ t:Iae previously entered .otioa to clo..
... puhlic hearing aDd t:Iae ---, carried by a unan:r-. vote of dae
C -n.
-'., -Uaan Fitzp,::'a14 4_4 -.. Ids "'ire to dispell the IIJtll tba£
JIIIÍa approwal .... DKn .~ 1'.-..... aooct development. Be ~tJ.eI
:.-.c, witb the r-nl óf c-. _11".... development porU_ of tile ...li-
, ., 4_, the rerisecI pJ..ø ...... -.puble to hia,
CÌÎacern vas _iced by C--n?rolicb who felt that gi"ing cre4it
À ..41 the partiDa ~ ~b tbe use of street parlWla _
.. in bepfDa with dae _~~ _intent of the ordiDaDCe. Be al80
. .-mted out the posa:lllUUy ~ .-..elopaent of this property at this
ct.e would place uDdue c --. - ,_ the options available to t:Iae
- _ erUIIO C1tt~_. Goals - r_ aDd on the General PlaD it_If.
n vas bis ':boaabt that t:Iae. "'",¡¡. are a natural resource and
~ to tw people of tile ' Ity and, as such, _ line neæob
I'.- be drawn beyond which ¡~ - Id be 110 large develo..-nt.
("_~U.an (:rHn indicated Ids aosr~t with Councilaan Frolicb's
-ts.
Favorable c......ent. were re~ 1Ioy Councilman Noel regarding the re-
!rlsed 18yo:;: ~f the plan, bole lie aagested the matter be returned to
;~ PIanni::g C~ssion for blrdler review.
.
~r Stokes :3entioned that tIoorúIc tbe past 7 years, the City had made
;=0 major c~==itaents in the føø-~i1l area and questioned the proposal
:ba"ing any ::':1"ection rit:h !oodú.11 development as it had been revised.
~1ie continue: ~y saying that: be had been opposed to the original "roposal
:.at felt t~.4: the present p~ voald be in conformance to other land
,~. in tbe nrrouDding are¿ aDð~ with the housin~ shortagc bei:1g what
~t i., felt :~is would be t:~ deYelopment of the future. He based hi.
"øpinion on t~e following factors: 1) the shortage of land, 2) t:he
;cost factor ~d 3) rapid bu~'~i~g factor, and concluded by saying
:~hat he fel: :he &-3 zoning co adjacent parcels had been made :any
~_rs ago 3.::": ""der differ~ ciroastances and viewpoints mak.ing it
,erroneous f:: today's pl~1=C concepts. He thought the down-zoning
.~ this a¿~3.~~"~ property te ~ worth Council consideration.
, , '
~cilman F:=lich said he õa: ~ involved with the original zoniQR
~be Mayor r~f~rred to and acreed it probably should be changed. He
,:oamented f~::her tha~ if t:~ carrent plan did get approved and if the
........rship cf :he hilltop area rithiD this development vas made available
'= the Cit~ i:1 one fora or t....r, the City Attorney or other staff
ildght have s=" thought:s to affer. These could be as to whether it
~ld be i~ :he best interest af the City to accept dedication of the
~¡;parcel its~::, dedication of t.M development rights or whatever vebicle
iÎdaat would ~:';,e control to tJoe Ctcy.
.
.
'Councilman Green remarked Ua~ dae Goals Committee is noc responsible
'Jar ..king ¿~is1ons relat~ Eo the General Plan as that is the res-
r"1U" ,f :-~=:=:,d;:::'::',::' ...... .,.m
Ø1øutes of tbe ~ Council, Dec~ber 21, 1970 ..,
CC-75
Page 8A
.-blic Hearings (coDtinued)
daea of prcnrlding i.nputs to the CounciJ. Basic desires must be ..de
clear aDd decisions arrived at on such matters of how large a com-
~ty we _nt to be and of what type. If left unchecked, a total
.... of deve1os-ent would uke place throughout this area. We have
,.c ~o work oat ba.ic street patterns for interCODDecting the.e areas
if .. ¥beD they are to be lle9eloped. He said tbe particular plaD
llefore the c-nc1l _ appeared to be very nice aDd he _s DOt in
oIS.faYOr vith it. B~. suqestioD for postpon_ent _s only for the
_...... of aUoving the CoaDci1 to make up its .iDd on what the future
oL this foothill area was to be.
C--U.aD Fitzgerald agreed ill principal saying applications such as
tJa1s could be coming in to what ."ailable aultiple zoning there vas
~ be could DOt see any other .ite close to the foothills as being
-.itable. Be also pointed out the dire need for housing to acc..-()-
ute those other than the ..pper incOSle group of people, 1Ie preferred
City spoasorsbip and approval of efforts along this line rather than
being forced into it.
continued
COllill1eDts
Councilman Green replied that he also felt that this type of ho.....ing
vas sorely needed but that the City already had zoning to allow it.
The area in question now is critical from a planning viewpoint and
he had doubts on the wisdoa of makin~ any cbanges in zonin~ at this
tiJae.
Turther discussion ensured during which it was suggested that the
..tter be returned to the PlaDDing Commission for recommendations.
!ased on the hilltop remaining intact, it was \!loved by Councilman
Fitzgerald that Application 14-Z-70 be approved. The motion was
seconded by Councilman Noel with a question.
Councilman Xoel indicated his concern as to the "insufficient ansvers"
to some itees such as parking, et cetera, and suggested the applica-
tion be investigated further before final aDproval is given.
AS AMENDED AT MEETING OF JANUARY 4, 1971
.
~ftnt~ of the City Council, December 21, 1970
.
PDlJüc Bearings (continued)
P' t.... Director Sisk c_nted that there were many items to be
~ in this application and that die plan required refinement
ta Ills opinion. Be indicated Ida coøeern as to roadway questioDS,
~ of private streets ..... parIdIIs probl... which could occur,
.. ."_1 _ideration by the c;o,.....n _ urged by Public Worb
Id&~ Yarborough who _tiODed tat the plan was, 1ncIeed, a good
_ ~ the area but would depend _ -Jo- aress following suit later.
.-&' -....h the City bad 00 control, ...ddecI that the road pattern
_ ja aeecI of clarification,
C ~1_111 Noel withdrew Ida øec:oød CO the previous IDOtion entertained
Ir7 C .- f1._n Fitzgerald aDd d1a1ogue CØDtinued.
It _ the COnftellSU8 of the Council ·~r..generally, that major it...
yu' . to be resolved prior to f1Dal approval of tbe applicatioD.
ID ~ of tbe addeDm. which the P1_f.... Commission had not rev~ewed
and ~ch indicated a substantial alteration to the overall develop-
.eat. aDd because of various new probabilities, it was moved by
~i1mAn Noel, seconded by CouncilaaD Frolicb and passed unanimously
that the application be referred back to tbe Planning Commission to
be heard and discussed at their .eating of January 11 and that
xe< -"'dations from said cOllDission be presented to the City Council
at their meeting to be beld on January 18, 1971.
Mayor Stokes stressed the necessity of applications being adequately
prepared so as to enable proper disposition at the Council level,
34. Continuation of the Public Jlear1Dg on tbe question of tbe
Stevens Creek footbridge.
p1~ing Director Sisk reviewed four considerations indicated by
the PlaDDing Coaoission relative to the footbridge issue and
relayed the Co!!ll:l1ssion's f1Dal rec -hUon to be that a ped-
estrian pathway be considered along with a footbridge across
SteYe:18 Creek Boulevard, The suggestion was also made, be said,
that a Local Improvement District be for..d for the Creston area.
!Ir. Yarborough continued the presentation by reporting that the
p1_ing Coanission felt that a solid barrier would be desirable
and tbe staff was of the opinion that legal 1Dformation should be
ac'lllired regarding the Local IIIprov_t District being formed.
ID response to questions concerning right-of-way, City Attorney MallIS
re1ated his legal opinion that the deed restrictions did not affect
the Yalidity in light of the school district to use tbe property
.-- nt for ingress and egress, Øe then referred to numerous
letters received from attorneys 1D tbia regard.
Tbe Ø8yor also indicated that several letters concerning tbe foot-
~ bad come to bis attention and be recognized said letters as
~ been incorporated into the public record.
CC-75
Page 9
.ore refine-
_nt requested
l4-Z-70
returned
to Planning
Commission
footbridge
discussion
race 10
1IãacbrUae
'''...e
-u
,,1.1c œ-- - IÌ.
..I': ell ;0
~...,ens Creel<
!rOject
¡pproved
-..cess called
,-AB-70
resentati_
"'-tea of the !Y Council,
.
,
.
Decaber 9, 1970
CC-75
~1c Bearings (COIItinued)
- _ _ Stokes then requested ...dience c_nts and several concerned
.......-- advanced t:o speak in regarð to the footbridge. Many of tb_
. ·"'-ted their feeliD¡ that the footbridp in the ereston area va
1IIII:'~eD as a oeceøa.::.q it_ aDd that the Stevens Creek Boulevard
....::wutd be IÐre appropriate for th1a !lee.... Concern vas wo
'-.É¡,;.i nlatiye to the valkvay beiDa 1.ocatecl in the Creston area
-",' it -U be concealed 8DII,. tbenfore, possibly dangU'0U8,
Ie c_ts vere n_~ concem1Da the proposed St.-
~1Ioulevard pa~y aDd footbriclp in c:oaparison to the propOMCl
/, foothrid&e_
<,
.",,'">:
;'}:.".
_.4 'cI1sc:usai_ cootimtecl briefly aDd ."~11911ce c_u vere _hau.ted,
, .. .':'1
1&,... ~ed by CouDc1lun Fitzgera1d. aecODded by Council..n '-
"'~pseed -t--lly that tbe public burin. be closed on the
- í.IItU.e issue_
.... ,resolutiœs received fr_ tbe P1amaing CoIIa1ssion were read by
- 'ÜIIaD Fitzgerald relative to formation of a Local Improv...nt
- 1ct for funding of tbe co_truction of a footbridge and vslkvay
cting Creston Drive witb Phar Lap Drive and favorably endor.ing
~ Director 0: Public Worlts'lII8IIIOrandUIII with respect to the interia
· _ ..ltement of Stevens Creek Boulevard including the walkway. He
~ indicated he vas in favor of these resolutions as submitted.
C-ilman GTee:1 indicated bis agreement with Councilman Fitzgerald's
-~ts and, after further clarification of the alternates was given
!Jy!fr. S~ ,k ¡cd ~. Yarborough, it vas moved by Còuncilman Green and
s T ~nded by CC<l:l.::il:ll8n Frolich that the concepts as shown in Exhibit B
ÆII4 B-l be ap?ro~ed vith final details concerning total cost and
access onto ':::~rt1no Road to be'llOrked out by the staff.
&JI'8S:
Jiaes,:
·&....-"Mtt:
Council:.1n Fitzgerald, Frolich, Green, Noel and Mayor Stoke.
None
Hone
· recess vas c~lled by the Mayor at 10:44 p.m. with the meeting being
1t"6CODVened at 11:00 p.m, by Mayor Stokes.
35. Appl1c.uion l-AB-70 of Marian1st Province of the Pacific:
Req~e$t for abandonment of public right-of-way westerly
portion ~f Madera Road froD its intersection with Mercedes
Road to its westerly terminus - a distance of approximately
S33 feu. Denial recommended by Planning Commission Resolu-
tion x". 814 on November 9, 1970.
pointed out by Planning Director Sist on
that the Planning Commission had reque.ted
study areas as to future development,
then .h~ saps of the area and pointed out dedicated .treets with
oveaents £Dd vtthout 1IIIprov_ea't. as veIl as "p3per" street..
· _t on to $.11 that there vas a possibility of extending the road
s.c.o the foothill area and al.o the possibility of extending the
J '1f~ street tø ~rovide acce.. for future development. He concluded
~ relaying the Planning CoIlllÚ.sioo's recoaaendation that the reque.t
~ftMt.. of the City~nCil,
,
December 21, 1970
Pab1lc Bearings (continued)
for ~ ·.-eut be èLnied because of the existing uncert4inties con-
y - _ future development of the b~11side..
-. ,- ,7'''1 the applicant, Mr. Leo Iud.. Civil Ens1Deer (Ruth aDd
c:. ..;;ø. cleacribed the portion of HIlder. for which the applicant vas
:&' .. _- " abaodòtDeDt of the public r~&ht-of__y, Be said the
p. _~ l.;r" fa queSti011 ""uld not provide acc... as it exists, addinl
tIIs&.... Board of Supervisors had prewiowl1y approved a request for
,~ ,_.'" t i:er1a1nating in a cu:--d-..c fa an adjacent area.
.}¡.
JIr-. .'.... continued by saying that utilization of tbis right-of-way
...~ anlilœly and tbe most s1p1f~cant it.. in tbis 1II8tter vas
tIIs&' m.._ Penoanente bad not 1Dd1cated any objection to this
r .1 for tbe proposed abaDdomsent.
Ia '''.ioo, !fro Ruth explailutd that tbe reason for the request bad
~ ED better regulate the access, to provide a better security fence
.... ...ed that there would be ao d_elopment doae on ~his portion of
l81IIL
Aft~ brief audi~~ce participatioa ensued wherein further description
of c:Ibe area was give:>, it was moved by Councilman Noel, seconded by
C n.... Green aed passed by a UD8aÚllOUS vote that the public hearia
be -1J.....Td.
D1.......·ion continued a:ld it was the conseasus of the Council that
iDfCNCSation in sup~~t of the proposed abaadonment of the r¿ght-of-way
was ~ficient to ~~rrant approval of the request at this time and
that £grtber stuèies s~ou1d be completed concerning the area in
q~ to deten=i~e ?ossible future development and accesses
trII1å could be re.:;..,i~ed.
It ... wcved by C~u~cl1uan Noel and seconded by Councilman Fro1ich
that Application 1-,;3-70 be denied.
A:res:
JIoes :
AlI- J:
COunci~n Fitzgerald, Fro1ich, Green, Noel and Mayor Stokes
!lone
JIIone
Or"f--~es
.. Second readir.f; of Ordinaace No. 474: "An Ordinance of the
City of CU?i!rtino Establishiøg Regulations and Procedures
for the ~va1 of Overhead Utility Facilities and tbe In-
stallation of UndergrouDd Facilities in Underground Utility
Districts" .
Af~ ~ ordiøaoce h3d been introduced by the Mayor, it was moved by
('_n_... Fitzgerald and seconded by Councilman Noel that Ordinance
474 .. read by title only and that tbe Mayor's readinl constitue the
.. J readiag of said ordinance.
A,..: Councilaen Fitzgerald, Frolich, Green, Noel aad Kayor Stoke,
JIoes: !lone
AIIr : lions .
CC-7S
Page 11
1-.&8-70
applicant's
c~ts
public hearin¡
closed
I-AB-70
denied
Ord. 474
second
reading
---- ._. ._-._..........._..,~--
.----.-...........-¥ .'.-.-..~'----.-.,-.
\
~
"Pa.. 12
;
I
¡
,
!
í
[,on. 474 '
f..-cc.d
, TicJAè;su"
,lecoact [-....
Ord. Title XIX
eaacc.enc
Municipal
EmDloyee
Relations
Officer
approved
Res. 2079
continued
~~. -- ....--,-
,
.
utes of Ù>e City Counc:ll, Deceaber 21, 1970
OrdiDltn<:es (=1nued)
Ze _s tben...... by CouncU- nr,.zprald aDd secooded by CouDC1.t.aD
that ()roH~ 474 be --,~"'.
: C f_ Fltza-'"1'. I'øUcb, Green, Noel and KaJor Stobs
: --
t: !loDe
37. S- . readina of (þd"
- Title nI: "Per80DD8l CøcIa-.
Cllrit-<:. Tide JII _'re.I ¡,y.&IIe Jlayor, after which it v.. __ by
Co! ..("41__ ntzpnld ad ..cO' --. by" Coundlaan Frol1ch thae ()rtft--ce
ftCle nI be read by title aal,.'-'" ,the Kayor's reaclinl constitute the
.ec:ond readia& of the ordi--..
...,..: C-U- FitzaeraU. Fnlllch, Green. Noel and Mayor Stobs
...: --
__nt: JIae
It vas moved )y Councilman Fitzprald and secooded by Councilman Green
that Ordina:>-~ Utle nI be _ted.
It vas DOi:::~ ""t by the Mayor that, under the new personnal code,
t. ~ic~.è ~lcyee !!elations Officar wculd :wed to be dea1snated.
! After a bri~: '::'scussion, it __ lIOVed by CouncUman Frolicb and
¡ seconded by ~ilman Fitzlerald that the City Manager be appointed as
: Ml.;.icipal ""-:-:'YH Relations Officer with the stipulation that any
: action take: :.. sabject to approval of the City Council.
¡
·
¡Aye.:
iXoes: ~
j Absent: So::c>a
I "'olutiol15
I
·
;
I
; At the reç'>ts: :: the Mayor, it vas moved by Councilman Fitzgerald
· and secon¿"': =:< CO'.1Dcilman Green that Resolution 1079 be continued
I to the sec:~ "uting in Fe!Jruary 1971,
c.......=.::.:~:1
Fitzgerald. Frolich, Green. Xoel and Mayor Stokes
38.
x... :-:~9: "A Resolutioo of the City Council of the City of
C~~:::'::o fertaining to the Compensation and Duties of the
City ,~t:"rney, and Providing for Additional Compensation for
Ex::~ ::.::ployment".
Ayes: C=ia.en ntzgerald, Frol1ch, Green, Xoel and Mayor Stokes
JIoe. : Sooe
Absent: S«M
39. ~. ~3: "A Resolution of the City Council of the City of
c~::uo Allowina Certain Claims and Demands Payable in the
Moœ::! md fr_ the Funds as lIereinafter Described for Salaries
w iia¡es for the Payroll Period Ending December I, 1970".
---.--..--.."--...-..-.......0
. ,
CC-7S
¡
,
t
-
"
.
~
.
ltinutes of lM City Council, December 21, 1970
.
~lutions (continued)
Af:er a reading by Councilman Fitzgerald, it vas moved by Councilman
Jael aDd seconded by Councilman Green that Resolution 2093 be adopted.
a,..:
~:
at nt:
Cound1aen Fitzgerald, Frolich. Green, Noel and Mayor Stokes
None
None
40. No. 2094: "A Resolution of the City Council of the City of
Cupertino Allowing Certain ClaÙ18 and Demands Payable in the
Aøounts and from the Funds as Hereinafter Described for
General and II1sce1laDeOll8 Expenditures".
Af£eT a reading by Councilman Fitzgerald, it was moved by Councilman
Jael aDd seconded by Councilman Green that Resolution 2094 be adopted.
A,..:
~:
Absent:
Councilmen Fitzgerald, Frolich, Green, Noel and Mayor Stokes
None
None
41, No. 2095: "A Resolution of the City Council of the City of
Cupertino Allowing Certain Claims rnd Demands Payable in the
Amoants and from the Funds as Hereinafter Described for
Salaries and Wages for the Payroll Period Ending December 14,
1970.
After a readi~S by Councilman Fitzgerald, it was moved by Councilman
JOel and sec~~¿ed by Councilman Green that Resolution 2095 be adopted.
Ayes:
5oes:
Absent:
Cou~cil:en Fitzgerald, Frolich, Green, ~oel and Mayor Stokes
None
None
~ this time, Councilman Fitzgerald indicated that bids had been
received fre: five local banks for a time deposit of $250,000 for
a period of b =cnths, He said all banks were at the same rate
of 5-1/2 per cent and recommended the City avard the $2S0,OOO to
the Bank of A:erica at their quoted rate of 5-1/2 per cent interest.
It was moved ~y C~ncilman Frolich and seconded by Councilman Green
that the B.3n̡, ci America be awarded the time deposit of $250,000 at
a quoted intere$: rate of 5-1/2 per cent for a period of 6 months.
A:r-:
IIoes :
Absent:
Councilcen Fitzgerald, Frolich, Green, Noel and ~~yor Stokes
None
None
42. No. 2099: "A Resolution of the City Council of the City of
Cupertino Confirming Canvass by Registrar of Voters of Santa
C1ara County of Special "'nicipal Bond Election".
After an introduction of Resolution 2099 was made by Mayor Stokes, it
... ~ed by C~ncilaan Noel and seconded by CouncilDan Frolich that
a-Iution 2099 be adopted,
CC-75
Page 13
Res. 2093
adopted
Res. 2094
adopted
Res. 2095
adopted
time deposit
awarded
Res. 2099
adopted
Pap 14
I'
f'
f(
:i:
~
'.
~
-,
,~. .
ii... 3000 6
~~taejøn
t
!
..... 3000
adopted
.... 300G-l
adopted
nviaed !tea.
accepted
..., '101
traUer 01'4.
returna4 to
'laIIai...
c:a-t..S-
K10utes of tbe~ty Council,
.
December 21, 1970
CC-75
Resolutions (continued)
Aye.:
)Ioe.:
AllHllt:
Councilmen Fitzprald, Frolich, Green, Noel and Mayor Stokes
Mooe
tione
43.
110. 3000: -A -"-lution of Intention to A.c:qaire aDd C-Struct
Iaprov.sat. - Bla_y Avenue Street Widenin¡ Project As....-
aent Mstrice-.
44.
110. 3000-1: -A llesolution Appointiag Attorneys - Blaney
Avenue Streee V1deDing Project Assesnene District".
Public Works Director Yarborough indicated that the staff had discussed
the proposed street v1"'h'a and certain resolutions, petitions, ee cetera.
bad been prepared for sat.1ssion to the City Council. Be said that it
had been recOl8ended in ebe staff report that Price Avenue be included
witb other work UDder _ contract and that the ..tter be heard UDder
one hearina.
~neth Jones, Atton.,. witb the law firm of Wilson, Jones, Horton and
Lynch, came forward aDd requested that certain ..p. and a revised resolu-
tion, including Price Avenue, be filed with the City Clerk.
It vas moved by CouncU_n Noel and seconded by Councilman Green that
Resolution 3000 be adopted.
Ayes:
Noes:
Ab.ent:
Councilmen Fitzgerald, Frolich, Green, Noel and Mayor Stokes
Sone
None
It was then ooved by Councilman Noel and seconded by Councilman Green
that Resolution 3000-1 be adopted.
Ayes:
.Hoes:
AII.ent:
Councilmen Fitzgerald, Frolich, Green, Noel and Kayor Stoke.
Sone
Noae
Mayor Stokes pointed out,at this time, that Item No. Sl on the agenda
had been lncluded in the project with the presentation of the revised
resolution to the City Clerk.
4S. So. 3001: "A Resolution of the City Council of the the City
of Cupertino Appropriating Money to Help Defray the Costs of
Sending Cupertino High School B3nd to Pasadena Tournament of
Roses Parade".
This it.. vas discussed and voted upon prior to the public hearing.
earlier in the meetins.
Unfinished Busine.s
46. llev1ev of TraUer Ordinance.
After a brief discussion, it va. moved by Councilman Fitzgerald, .econded
by CouncilAan Creen and pas.ed unanlmously that this it.. be returned to
the Planning Coaai..lon for their recommendations and CGDaents,
,
IHDutes of the Cit,ttoundl, December
,
21, 1970
DDfiDisbed Business (continued)
47. Discussion of Open Space Proposal.
IIIJor Stokes recognized several letters which had been received fro.
-.rioaa interested parties iadicating their support of the Open Space
hOfO"l. after which Hr. Stanley !forton, 888 North California Avenue,
~ Alto, c_ forward requesting eudorsement of the concept of a
~ Park and Open Space Df.strict.
Ik". 8ørton 1Ddicated bis concena as to the seeming inability of the
Jlftl8eDt govenaent agencies in their efforts to preserve open space,
.. ..u the ,rnposal was not c~ted with the proposal froa the
ILJI'or of tbe City of Palo Alto but was cOllplete1y separate,
.. CClDtinued by indicating that Santa Clara County, Palo Alto,
IliJaDtain View, Sunnyvale, Los Altos, Los Alto Hills and Lexington
IIn1. areas would be included, adding that no one group would have
~lete control at any ti_. Be .aid each area would be treated
fairly and concluded by saying that the main concern at this point
-. to have an indication of support frOll the City of Cupertino of
this particular concept.
Be then introduced Mrs. Annette Hanko, 3172 Emerson Street, Palo Alto.
vbo presented the results of an opinion pole which were as follows: ,
1) that most of the residents favored open space instead of residential
or iDdustrial-coomercia1 use; 2) that the majority of the citizens I
fayore~ the fOr:1tion of 3 regional district to provide open space
even if taxes vere to be increased. It was pointed out by Mrs. Hanko
that it would appear to be more costly to develop the hills than to
acquire them.
~yr.c ~tokes commented that the City of Cupertino had long been in
support of this open space concept.
It va. lIIoved by Councilman Fitzgerald, seconded by Councilman Green
aDd passed unanimously that a resolution be prepared as an endorse--
.eat by the City of Cupertino of the proposed Open Space program
as described by Mr. Norton.
48. Review of final architectural details of Application 471-HC-
70 of Jerome H. White,
Public Works Director Yarborough reported that there had been a
~..lon concerc1ng certain changes from the original plan which
the B-Control Co~ittee had considered to be of a minor nature. Be
said the COIIIIIIittee had expressed the opinion that the changes were
YeZ')' ainor and would improve the overall plan.
~torney Dan Donovan, representing the applicaDt, indicated that the
ove~a11 character of the development would Dot be changed as far a.
_ter1als, roof1Dg, et cetera. _re concerned. The changes made
~ tbe applicant. be said, were as follows: I) a slight shift of
the buildings in their arrangement to provide an access requested
~ the City, 2) changing a two-story building to a one-story building
- the corner of Rodrigues aDd Blaney Avenue to open the intersection
CC-75
Page IS
Open Space
discussion
Open Space
Proposal
endorsed
47l-HC-70
resentat10n
f lIIod1f1ca_
ions
I
Pale 16
Ðl-IIC-J'O
cIIa&-
lIpProv"
lleatacres
tree dis.cuas
tree ¡>o~
adoptee;
!lar, A_
parcel
appraiMJ.
ap,rovecl
Minutes of
the Ity Council, December
mo'
CC-7S
.
21,
Unfinished Business (continued)
and the change of a ooe-story structure to a two-story structure for a
more balanced look, 3) placement of bay windows on the tvo frontages
in place of the v1DcI_ .. originally proposed to provide a ~.
aesthetic quality to these areas and 4) a change of water ar...
which would locate them døwD from the buildings instead of the
close proximity in wb1c:h dley were originally planned.
It vas aoved by eov....n - fttzgerald and seconded by CouDcn-
Frolicb that the arcMeecr:ara1 changes be approved as preaeneed.
Ayes:
Hoes:
Absent:
CounciJJseD PiUprald, Frolich, Green, Noel and Mayor Stokes
None
None
49.
Westacres Tree Problem - Tree Removal Policy.
Public Works Director Yarborough requested that the format and content
of the letter to be ~ to the residents of the Westacres subdivision
explaining the City's poUcy regarding their street trees be approved.
In response to an iaquiry from City Attorney Adams regarding tbe
obligatioQ of sidevalk repair, the Mayor explained that the City
does pay for sidewalk repair ordinarily, however, in this particular
subdivision where the trees are causing such severe displacement of
the sidewalks, it vas agreed that the City would repair the sidevalks
this ti~e but not again. Be said from this point on, the re&1ðent
would be responsible for future repair if he should choose to keep
this variety of tree.
At the suggestion of Councilman Green that the wording "at this time"
b~ removed from the letter content, Hr. Yarborough agreed to strike
¡ tho. pass..ge and discussion continued.
It vås ~oved by Councilman Fitzgerald and seconded by Councilman Creen
that the policy be adopted and that the City Attorney and Hr. Yarborough
work out the details for its finalization.
Ayes:
Noes:
Absent:
Councilmen Fitzgerald, Frolich, Green, Noel and ~yor Stokes
Sone
Sone
SO. ~ry Avenue R1&ht-of-Io;ay Negotiations.
Hr. Yarborough explained that the question at this time concerned
the value of the two parcela to be svapped and he suggested that
authorization be given to retain Hr. Clevenger for appraisal of
the two parcels under discussion as he had done in, the past.
It vas moved by Councilaan Fitzlerald and seconded by Coundlman Creen
that Hr. Cievenler be retained for appraisal of the parcels as sUlgested
by Hr. Yarborough,
Ayes:
Noe8:
Absent:
CouncUmen Fitzgerald, Frolich, Green, Noel an-i Mayor Stokes
~one
None
.
~utes of the City Council, December 21, 1970
.
DDfinished Business (continued)
51. Blaney Avenue Ass~.SM-ut District - Price Avenue.
ft1a item vas previously covered in connection witb !teas 43 and 44
_ the agenda.
JIew Business
52, AI Spiers - JIeport OD Sister City,
Jlayor Stokes informed ~ present that this item had been r_ed from
£be agenda and would be beard at tbe meeting to be beld .January 4,
1971.
53. Award of Bids for Cupertino Civic Center Plaza.
IDasmuch as the staff had DOt bad adequate time in which to review
dús item, it vas recOllllllended by Mayor Stokes that the matter be
continued to the meeting of .January 4, 1971 with the proper
docu_nts to be presented at that time.
It vas so moved by Council:oan Noel, seconded by Councilman Green and
passed by a unanimous vote.
~or Stokes suggested that the possibility of mature olive trees
being included in tbe contract be considered as an alternate and it
vas mutually agreed that this would be done.
S4. RecOllllllendation regarding Stop Sign Control
Intersection of Scofield Drive and Western Driv~
Intersection of Dempster Str~t and Fitzgerald Drive
with Peninsula Avenue.
After a brief explanation by Mr. Yarborough, it vas moved by Council-
.an Frol1ch and seconded by Councilman Green that the staff be in-
structed to prepare an ordiD&ace for authorization of the recommended
stop signs.
A,..s :
JIoea :
Absent:
CouncUlØen Fitzgerald, Frol1cb, Green, Noel and !fayor Stokes
None
None
55, Proposed one-year lease of City property located at tbe
northeast COrDer of Vo.. Avenue and Lockwood Drive by
Herbert Regnart.
Ie vas moved by Councilman Fitzgerald, seconded by Councilman Green
aDd passed unanillOusly that the staff proceed along tbe lines of
Mr. Regnart's letter.
56. City-County CooperaUve Iaprovement Projects,
Mr. Yarborough briefly r.,,1ewd his report, after wbicb it was moved
..,. Councilaan Frolicb, secODlled by Councilman Fitzseralcl and passed
..,. a uaanlaous vote that tbe Public Works Director be authorized to
....rtake discussions witb the County as recommended.
CC-75
Page 17
Cupertino
Civic Center
Plaza bid
discussion
continued
Stop Sign
Controls
approve.j
one-year
lease of City
property
approved
City-COUnty
Project
discussions
approved
"
(,
,.18
~"~
I..,.
<;.
r
.' ~
" ~~
\1".;;' '
',¡,"
~
~'
t
.....- ..
r__1 ..a-r
8ppr....ed
Suff eo-itte
_U.. time
_L "ICe
¡8Pprønol
,
'"
,
,
t
¡
Minutes of the Iy Council, December 21, 1970 ·
CC-7S
New Business (continued)
S7. consideration of Resolutions of Inten'tion for ~~oveaent of
portions of Portal Drive, Blaney Aver.ue and Price Avenue.
This it.. vas c__ed previously under It_ 43 and 44 on the -p-'-.
Consent CsleMr
58. lI.eaoluU- 110, 2096: "A Resolution of the City Council of
the City of Cupertino Accepting Dedication of Real' P~rty
for "~II· 1 Purposes from .Jason Chartier, Cona1aUng of lop-
pro"''';;'a»1y 0,101 Acre, Located on the South Side of ø-tead
Road .... Vut Side of Maxine Av_" ,
S9, ResolutiGD 110, 2097: "A Resolution of the City Council of the
City of Cupertino Approving the Improvement of Frontage on
Homestead Road Between Stevens Creek and Approximately 700 feet
West of the Creek and Authorizing Execul:ion of Agre_t in
ConnectiGD Tberevith".
60. Resolut1oD No. 2098: "A Resolution of the City Council of the
City of Cupertino Approving Final Plan for the Improvement of
Frontage at the Southwest Corner of Homestead Road and Maxine
Avenue; Antborizing the City Engineer to Sign the Final Plan;
and Authorizing Execution of Agreement in Connection Therevith".
It was moved by Councilman Fitzgerald, seconded by Councilman Green and
passed unanimously that the Consent Calendar be approved.
Report of Officers
61. City Staff
City Attorney Adams reported that a lease with the Radio Club had been
prepared as vell as a proposed agreement with Hr. Avery and that all
items were current.
At this time, Hr. Yarborough reported on other action taken at the
last H-Control Coaaittee meeting which had not appeared on the
agenda.
He referred to Resolution 22 vherein the Architectural and Site Approval
Committee rec_ nded certain changes to be authorized in both the
, rules and reaulat10as of the CommUtee as veIl as certain conditions
to be added to the Standard Conditions,
It had been rec -nded, he said, that the staff committee be allowed
to meet at 2:00 p.., on We4nesdays instead of 3:00 p.m, on Thursdays
as the relulations bad indicated.
It vas so moved by Councilman Fitzgerald, seconded by Councilman Gr_
and passed uft_ftf~ly,
It vas also rec ..fed that: Condition 5, stating that 'I:oncrete be~
shall be installed adjacent to parking areas adjoining landscapina or
.
.
Mnutes of the Citv Counc.il, ~<:ember 21, 1970
.
Keport o! Officers (continued)
adjacent to pr"¡>erty lines where parõ<ing areas are terminate<!. Any
exceptions must be specifically approved by the Architectural and Site
App~al Committee and the City Counc:ll" be approved.
It vas suggested by Mayor Stokes that the condition not iDc1ude tbe
passage allowing exceptions to tlw, condition and furtheT _"ested that
all landscaping areas be complete}" enclosed except where they abut a
1IGi1cIing.
After it vas agreed by Mr. Yarborough to incorporate tbe suggestions
~e by the Mayor, it vas _61 by Councilman Fitzgerald, seconded by
Cexmd,lman Green and passed ....-i-usly that the condition (]to. S)
be added to the Standard CondiUDns as amended.
According to Mr. Yarborough, it was further recolDDlended that Condition
So. 6 requiring that trees be DO less than 6 feet from ground level
be approved. ~yor Stokes suggested that Mr. Yarborough contact the
City of Milpitas for further information concerning their policy in
this regard which appeared to be quite adequate and Mr. Yarborough
agreed to do so.
In concluding, ~tr. Yarborough indicated that it had been rec=ended
that Conditior. Xo. 7 requiring tl~t sprinkler systems be i~orporated
in all multiple-residential developcents of five units or :~re be
approved.
It vas so coved by Councilman Fitzgerald, seconded by CouDCil~n
Frolich and passed unanimously.
There were no further reports presented at this time.
62. City Councilmen
There were no reports presented.
63. Recognition by Mayor of non-agenda items.
After a brief general discussion, it vas suggested by Mayor Stokes
that, because of the nev library to be open in the near future, a
stop lilht be considered Ço~ installation at the intersection of
Pac~fica and ~cClellan.
It vas moved by Councilman Fitzgerald and seconded by Councilman Green
that the Public Works Director proceed vith the installation of a
stceal light at the intersection of Pacifica and McClellen at aD
estiaated C0.C of $37,000.
AJe.S:
Jroea :
Ab.eat:
Couoci1œen Fitzgerald, Frolich, Green, Noel and Hayor Stokes
None
None
AC this time, the Mayor r~ted permission to attend the Gcwernor's
1caø¡ural Gala to be held in Sacramento and dialolue follaued,
CC-75
Page 19
Standard
Condition S
approved as
_ended
Condition 6
DO action
Condition 7
approved
signal b:at ion
at Pacifica
& M.:Cle llan
approved
~..- ~ ------
?3¡;e 10
m-tes of tbelt,. Council, Decnber 21, 1970.
.
CC-7S
Jleccp11tion of Son-agenda It..- ,(continued)
·...r0r t S at-
:..:_~~Jncc at.
_,,-,u¡;ural Gala
:7~rovcd
Xt _s so moved by Councib.ac Frolich and seconded by CouncU,man Creen
aM the follov~ vote vas taIrÆa: .
: Couaeu..n FttzleraW. Phtlich. Creen. Noel and Ma70r Stoka:
_: JIoae
: !loDe
t
SC _ -.red 117 COlIDdl..n FrolJda. _ODded by CouncillDitn Cr_ aud
_..f Aly tbat tile --,-c.. .. adjourned.
..:jou~t
~ _tin¡ - declared adJ- ..,. Kayar Stokes .at 12:40 a,a,
A.-,..,..au:
....~í :
1.1 Gary C. Stokes
!IIIyor, City of Cupertino
'.' \1m. E. Ryde~
,~ry Clerk
j