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CC 11-04-68 City of Cupertino, State of Califorµia 10300 Torre Avenue, Cupertino, California 95014 Phone: 252-4505 CC-30 MINUTES OF THE REGU IAR MEETING OF THE CITY COUNCIL HELD NOVEMBER 4, 1968 IN THE COUNCIL CHAMBERS, CITY HALL, cWERTINO, CALIF. The meeting was called to order at 8:00 p.m. by Mayor Noel, who subsequently led the assemblage in the flag salute. Councilmen present: Beaven, Dempster, Fitzgerald, Stokes:; ,Noel. Also present: City Clerk - Finance Director Ryder; Director of Public Works Finney; City Engineer Boyd; Chief Building Inspector Benevich; Director of Parks and Recreation Parham; Recording Secretary Lucie M. Matzley. Absent: city Manager Storm; City Attorney Anderson; Assistant Planner Nuzum. call to order flag salute roll call City Clerk Ryder advised the Councilmen that City Attorney Anderson inability had called to be excused from this meeting because of illness. to attend Councilman Stokes directed attention to a transcription error in the minutes of the October 21, 1968 meeting. On page 8 under "motion to proceed", the last word of the fifth line to read "erosion". Councilman Stokes moved to approve the minutes of Octóber 21, 1968 as corrected. Councilman Fitzgerald seconded and it was passed unanimously . transcription error pointed out minutes approved City Clerk Ryder advised the Councilmen of the following written communications: 1. Letter from the Children/:š Home Society requesting that the City Council declare the week of November 10, 1968 as "Children's Home Society Week"; Letter from John Fleming, Manager/Engineer of the Cupertino Sanitary District; taking exception to statements made by a staff member during the September 16, 1968 meeting; Letter from Gerald Hamilton stating:,hlhs:presence at this meeting to apprise the Council of efforts being made for a regional convention center and sports arena; 4. Advice from Jean Pullan, Clerk of the Board of Supervisors, written that the Ordinance incorporating Cupertino into the Sunnyvale- communications Cupertino Municipal Court had been enacted effective October 28, 1968; Notice of hearing of the California Water Services Company relative to a rate increase request in the Los Altos Suburban District on 'November 8, 1968; Letter from Christian Braille Foundation, Inc. the prevtously granted permit for solicitation reading material for the blind within the City be extended for one additional year; Notice from the Santa Clara County Motion Picture and Television Council inviting the City Council to attend their meeting scheduled for November 21, 1968. 2. 3. 5. 6. requesting that of :f'unds for of Cupertino 7. page 2 Minutes of the City Council November 4, 1968 CC-30 Written Communications cont'd Councilman Stokes moved, Councilman Fitzgerald seconded and it was passed declaration unanimously to declare the week of November 10 through 16, 1968, as "Children's Home Society Week," permit extended presenta- tion letters filed welcome recognition inquiry re park buildings oral communi- planning minutes presented Councilman Dempster moved, Councilman Stokes seconded and it was passed unanimously to allow a one-year extension for the permit to solicit funds for reading material for the blind, Mr, Gerald Hamilton was represented by Mr. Brenson Baker, a member of a Task Force Committee initiated by the Association of Metropolitan San Jose, Mr, Baker stated that this Task Force was working on the plans for obtain- ing a sport and convention center complex. Noting the rather lengthy agenda, Mr, Baker read a prepared statement giving the anticipated costs for such construction and asked the City Council's support of the program. Councilman Stokes moved, Councilman Fitzgerald seconded and it was passed unanimously to file the balance of the correspondence, Mayor Noel introduced the members of the GRA-Y, sponsored by the YMCA, all of whom were youngsters between the ages of 10 and 12 years old, and wel- comed them to the City Council meeting and to City Hall, Mayor Noel recognized and welcomed Mrs, Sharon Blaine as observer for the American Association of University Women. Mrs, Doran Ernst of 1139 Springfield Drive, C&npbell, asked the City Council to come forth with an indication as to the completion date of the two park buildings stating that her group, composed of parents involved in recreational facilities, have no permanent facility out of which to operate, When asked to do so, City Engineer Boyd stated that the architect had made his report at the last Council meeting, plans had subsequently been sub- mitted to staff for review, minor changes would be made and advertisements for bids could be placed next week, According to Mr, Boyd and adhering to normal construction time, the parks buildings would be ready in early Spring of 1969. City Clerk Ryder advised the Councilmen that he was in receipt of two oral communication requests; one relating to a clarification of the exceptions made for the proposed "Red Coach" sign under the Ordinance, and the second, that the word on the second line of page 3 of the October 17, 1968, Plan- ning Commission minutes (PC-20) be "Final Map" rather than"Tentative Map," Report of Commissions A. Planning Commission Planning Commission Chairman Frolich presented the minutes of the October 17 and October 28, 1968 meetings of that Commission, Minutes of the City Council November 4, 1968 Planning Commission Report cont'd Mr. Tom Eckman presented Application 22-TM-68, as approved by Planning Commission Resolution No, 574. Councilman Dempster moved, Councilman Stokes seconded and it was passed unanimously that Application 22~TM-68 be approved. Mr. Ellis Jacobs of 22051 Regnart Road took exception 'to the appro~ val of Application ll-TM-68 under Planning Commission Resolution No. 576, stating that this tentative ms.p had not been changed from the one previously submitted, and was still incorrect. City Engineer Boyd stated that the applicant had submitted a ten- , tative ms.p proposal together with the application, which document had become a part of the official application and that, as far as the City was concerned, all requirements had beeIbnet. CC-30 page 3 22-TM-68 presented 22-TM-68 approved exception to approval staff explanation Mr. Jacobs persisted in his complaints relative to the inadmiss!- bility of the tentative ms.p which, 'im. his opinion, was incomplete., Councilman Dempster moved, Councilman Stokes seconded and it was passed unanimously to move this ms.tter to a later time on the listed agenda to provide sufficient opportunity for Mr. Jacobs to study change in the tentative ms.p proposal of which he had not been aware since he agenda order did not attend the public hearings during which this ms.tter was discussed at great length. B. Architecture and Site Control Committee H Control Chairman Small presented the minutes of the October 23, 1968 meeting of that body. In discussing Application 376-HC-68, attention was called to an incorrect agenda listing by Mr. R.D. Kennitzer of 10060 Pharlap Drive whereby the i'pI'o:perty is located on the es.st side of Kentucky Fried Chicken as opposed to the,listed "west" side. The applicant stated that this was not a take-out restaurant but merely a facility for luncheons and dinners which would serve cocktails in the lounge 0 He further said that the Alcoholic Beverage Control had posted notice for the required six weeks and no objections to the facility had been presented. When the applicant mentioned that the trash depositories would be enclosed, Councilman Stokes suggested that the applicant relay the violation of Council conditions relative to the outside location of theltrash cans on the Kentucky Fried I Chici:kenproperty to the administration, to which the applicant agreed. h control 376-HC-68 presented Mr. Ken Boysen presented Application 377-HC-68o Councillllan Stokes 377-HC-68 suggested that more landscaping be planned for the base of the pole presented sign than was presently drawn onto the submitted renderings. There were no comments in connection with Application 37B-HC-68 378-HC-68 page 4 379-HC-68 discussed additional' condition 324-HC-68 3P-HC-68 d scussed additional. condition imposed suggestion council- man's statement Minutes of the City Council November 4, 1968 CC-30 H Control Report cont'd Director of Public Works Finney told the Councilmen that the proposed site for Application 379-HC-68 was in the process of being annexed to the city and that the applicant had stated that any type roofing that is required in the City of Cupertino would be installed. Councilman Dempster moved, Councilman Fitzgerald seconded and it was passed unanimously to require a l' shake roof as part of the conditions placed on the approval of this application. Application 324-HC-68 was presented and discussed in general. In discussing Application 373-HC-68, Councilman Stokes reiterated that the project architect had admitted that the roof as shown on the plans could not possibly facilitate a two-ton airconditioning unit, the smallest in existence. Chairman Small explained that the roof line had been dropped and that Ii 3'3" parapet would be provided for. However, in Councilman Stokes' opinion, this was inadequate. Councilman Stokes moved, Councilman Fitzgerald seconded and it was passed unanimously j¡hat all of the walls that have mansard roofs must be not less than 18'8" in height and that the roof line will remain at the same elevation as shown on the plans presented. Councilman Beaven suggested that, through the services of H Control, an outline of the ¡)roposed airconditioning unit could be shown when the plans are submitted to that body. This method, in Mr. Beaven's opinion, would provide for an additional safeguard for the City and an additional piece of information for the Council in guiding them in their final decision. Councilman Stokes stated that it is not always possible for an applicant to show the air conditioning on the roof and information to that effect at a time as early in the construction stages as the submission to H Control might léad to greater misunderstandings and confusion. It was Mr. Stokes' contention that the amended first condition of the 12 Standard Cond~tions amply takes care of whatever requirements are placed upon an application by the City. City Clerk Ryder told the Counci~en that, although H Control member Aguilar had moved out of the City limits, a request had been forwarded to the Council to permit Mr. Aguilar to remain on the Committee. The Councilmen were regretful that this was not possible because of the Ordinance requirements that members be qualified electors. resignation Councilman Stokes'moved, Councilman Fitzgerald seconded and it was requested passed unanimously to request Mr. Aguilar to submit his resignation. request to remain suburttted h control minutes approved Councilman Dempster moved, Councilman Fitzgerald seconded and it was passed unanimously to approve the October 23, 1968 minutes of H Control including all of the additional conditions as placed against any and all applications by the Council. ' Minutes of the City Council November 4, 1968 Reports of Commissions cont'd CC-30 page 5 ll-TM-68 objections defined At this point the Council permitted Mr'. Jacobs to address the members with a recapitulation of his thoughts on Application ll-TM-68. Mr'. Jacobs maintained that he had studied the proposal amending the tentative map and that this still was not in conform- ance to the Ordinance requirements relative to tentative maps. Councilman Dempster asked that the staff explain their position, and asked the applicant to explain wby he did not think that this was al proper" tentative map, Mr. Jacobs stated that the Ordinance requires a minimum width of 20' for roadways, which provision had not been met in this instance. City Engineer Boyd. emphasized that the u1ti:mate road wou1d have a width of 40' and that the terrain made a standard 60' subdiviSion staff report street impractical. Further, that the' proposed street wou1d be the only possible route without the necessity for massive earth movement, especially since the 40' street adheres to the requirements for mountain road standards, Mrs. Nancy Hall of Rainbow Drive asked if it would be possible to have the tentative map agree with thE blocks as show on City maps, The Council agreed that this would aid citizens in locating certain request for territory, and the staff concurred that a key location map wou1d be key locater incorporated in all future maps. Councilman Stokes moved for approval of Application ll-TM-68, as recommended by Planning Commission Resolution No, 576. Councilman Fitzgerald seconded and it was passed unanimously. The oral communication request for clarification purposes of the " "Red Coach" sign was postponed to the "Public Hearings" portion of the agenda upon the motion by Councilman Stokes and the second by Councilman Fitzgerald. which motion was passed unanilnously. C. Parks and Recreation Commission ll-TM-68 approved matter deferred parks Director of Parks and Recreation Parham presented the minutes of the October 21. 1968 meeting of that body, There were no additional minutes comments. presented Public HearingS A. Appeal by Roger Johnson from the denial by Planning Commis- sion on September 23. 1968 of Application 21-U-68: denying the granting of a Use Permit for installing three (3) gaso- line pumps at the existing car wash, 21-u-68 appeal legend Attorney Jesse Jack of 414 West Hedding Street, San Jose, represented the applicant and directed the Council's attention to the resolu- presentation tion as pasøed by the Planning Commission denying the application for this Use Permit, with particu1ar reference to the seven conditions attached to same. page 6 reasons refuted request defined audience opposition statement by planner p.h. closed councilman's comments councilman disagrees, defines problem ill main- tenance cited Minutes of the City Council November 4, 1968 21-U-68 denial appeal cont'd CC-30 Mr. Jack also cited the minutes of the meeting during which the application was denied with special reference tø the recorded comments from the Commissioners that they "had been against the car wash in the first place". It was Mr. Jack's contention that neither the seven conditions nor the feelings as expressed by the Commissioners should have any bearing on the ultimate decision and were not valid as grounds for a denial of the Use Permit. Mr, Jack f'urther maintained that this applicant could, by the install- ation of the three gas pumps in the car wash, afford a full-time attendant who could not only keep the premises clean but also cut down or completely eliminate the vandalism on the prem!ses. Ma;yor Noel asked for audience comments, Mr,R. D. Kennitzer of 10060 Phar1ap Drive stated that he was still very much opposed to the gas pumps despite the contention that the operator of the car wash was in financial difficulties and proposed that the mere installation of three gas pumps would not eliminate or alleviate his financial burdens. Planning Commission Chairman Frolich said that the Commissioners' opinion was a matter of record and that the severe reservations by the individual Commissioners had been based upon the inherent factors this type of operation elicits. Councilman Dempster moved, Councilman Fitzgerald seconded and it was passed unanimously to close the public hearing. Councilman Beaven stated that this application appeared to be for a gas station with a very large washer, and completely agreed with Mr. Frolich's statements that, although 'he sympathized with the present owner's economic difficulties, the approval of the pumps would set a very dangerous precedent. Councilman Stokes disagreed with Councilman Beaven stating that the applicant had approached the City Council in good faith in an effort to have the Council assist him in solving his problem. It was Mr 0 Stokes' contention that this application should be approached on this, and no other basis as damage had been done to the property owner by vandals because no attendant was present, Mr. Stokes said that the applicant had presented the Council with a proposal to make a better and more efficient operation out of the present undertaking, and that a gas pump, in Mr. Stokes.' opinion, was the least obnoxious item in a service station. Further, that it was not the Council's prerogative to force this applicant out of business. Councilman Fitzgerald agreed with Planning Commission Chairman Frolich stating that he did not think that the installati.on of three gas pumps would afford the applicant a solvent operation as the premises had not been maintained and that this was, in all likelihood, the basis for his financial problems, ' ;'¡:j, ..... 'li' Minutes of the City Council November 4, 1968 2l-U-68 denial appeal cont'd Councilman Beaven moved for denial of the appeal for Application 2l-U-68. Councilman Fitzgerald seconded, Ayes: Councilmen Beaven, Dempster, Fitzgerald, Noel Noes: Councilman Stokes Absent: None Mr. Walter Ward addressed the Council ßtating that clarification relative to the proposed sign on the "Red Coach" restaurant in Vallco Park was sought, Considerable discussion ensued among the Council- men; minutes of H Control meetings during which this application was reviewed were read for the information and guidance of the Council; and it was the consensus 8JI1Ong the Councilmen that the artist's rendering was misleading and not true to dimension. Councilman Stokes reiterated that the original application had specified that the sign be 8'6" high and he now found that there were two additional lanterns to increase the height to 12'2" above the roof line. In re-emphasizing that he had been opposed to this application from its inception, Councilman Stokes mOVed to deny,the exception. Councilman Fitzgerald seconded. Ayes: CouncilJDen Fitzgerald, Stokes, Noel Noes: Councilmen Beaven and Dempster Absent: None M8¥or Noel called a recess at 10:07 p,m, The meeting reconvened at 10:20 p.m. Mr, Ward asked that, since the owners of the Red' Coach Coffee Shop and Lounge are in Hawaii, he be allowed to proceed on the basis of placing the two round signs under the emblem rather than on top of one another so that the sign would conform to the Ordinance and could be re-designed without the necessity of having to re-apply through H Control. In the temporary absence of the Chief Building Inspector, Mr. Ryder explained that this had been 'Proposed by the City staff but had met with refusal by the app1,icant, Accordingly, he suggested approval. Councilman Dempster moved, Councilman Stokes seconded and it was passed unanimously to approve the request. There were no Ordinances listed on the agenda, Resolutions 1. 1707: payroll for the period ending October 31, 1968 CC-30 page 7 2l-U-68 appeal denied clarification of sign matter discussed unauthorized addition receives denial 354-HC-68 exception denied recess request to proceed explanation request approved no ordinances Res. 1707 City Treasurer Fitzgerald presented the payroll. Councilman Dempster adopted moved for adoption, Councilman Stokes seconded. Ayes: Councilmen Beaven, Dempster, Stokes, Fitzgerald, Noel Noes: None Absent: None page 8 Res. 1708 adopted Res. 1709 adopted Res. 1710 adopted Res. 1711 adopted Res. 1712 adopted Minutes of the City Council NoveIriber 4, 1968 CC-30 Resolutions cont'd 20 1708: Miscellaneous and general €Xþendi.tures. City Treasurer Fitzgerald presented the list of expenditures. Council- man Dempster moved for adoption, Counci1l1!&ll St.Ük(~,3 seconded. Ayes: Councilmen Beaven, Dempster, Fitzgerald, Stokes, Noel Noes: None Absent: None 3. 1709: accepting dedication of real. property' for roadway purposes from Josepb J. Arata, et a10 Councilman Dempster mo'V'ed :for adoption, CQuo.cilman Stokes seconded, Ayes: Councilmen Beaven, Dempster, Fitzgera:ld, Stokes, Noel :lù>es : None Absent: None 4, 1710: Approving final plan for the improvement of frontage at 20060 Stevens Creek Boulevard; authori.zing the Ci.ty Engineer to sign the final plan and aut:t.ori.zing execution of agreement in connection therewith, Councilman Dempster moved for adoption, Councilman Stokes seconded. Ayes: Councilmen Beaven, Dempster, Fitzgerald, Stokes, Noel Noes: None Absent: None 5, 1711: Approving final map of Tract No, 4590, The Woods, Unit No.3; accepting certain drives, places, a~nues and roads; authorizing the City Engineer and the CUy Clerk to sign the final map and authorizing execution of agreement in connection therewith. Councilman Dempster moved for adoption, Councilman Stokes seconded. Ayes: Councilmen Beaven, Dempster, Fitzgerald, Stokes, Noel Noes: None Absent: None 6. 1712: Approving final plan for the improvement of frontage of parcels A, B, C and D on north end of Portal Avenue; authorizing the City Engineer to sign the final plan and authorizing exe~ cut ion of agreement in connection therewith. COU!lc:l,lman Dempster moved for adoption" Councilman Stokes seconded, Ayes: Councilmen Beaven, Dempster, F:!,tzgerald, Stokes, Noel Noes: None Absent: None Minutes of the City Council November 4, 1968 CC-30 page 9 Unfinished Business ,'. , (' , , , The City Clerk read the results of the bid opening for the water tank and site preparation and suggested City Engineer Boyd explain the process of award as required by!iUD. It was ascertained that Pit1!sburgh-Des ~idS Moines Steel was the lowest bidder for the fabrication of the tank with resented a bid of $88,670.00 and that Pisano Bros. was the lowest bidder for the site preparation and transmission main with a corrected bid of $126,489.75. It was moved by Councilman Dempster and seconded by Councilman Stokes I that a Minute Order be passed declaring the intention of the City Council to award the contracts to Pittsburgh-Des Moines Steel Company for bid awarded $88,670.00 and to Pisano Bros. for $126,489.75 for Schedules II and I I respectively under Project ws-6-05-0l98, subject to review and authorization by!iUD. The motion was passed unanilnously. ~ After the reading¡,of the bids by the City Clerk, City Engineer Boyd als explained the bids received for the installation of traffic signals at Voss Avenue and Foothill Boulevard, þy stating that credit had been given by the low bidder for the equipment on hand by the City of Cupertino lexplanation in the sum of $611.00 for a total bid by M.C. Facit Company of $4,232.00. ' I Couhcilman Stokes moved, Councilman Fitzgerald seconded and it was passed unanilnously to award the bid to the lowest bidder, M.C. Facit Company. ~id awarded, On the matter of the feasibility of financing a limited development of I Linda Vista Park, Finance Director Ryder elaborated on a previously sub- mitted written report according to which the unappropriated surplus of ¡financing for the General Fund at year-end would be in excess of $730,000.00 but that park plans ' cash would not be available for any unbudgeted capital improvement project until April, 1969. This source is the only one possible from which IIIoneys'; may be taken at this time. Considerable discussion ensued. Councilman Dempster suggested that a study session be scheduled todètermine the priorities 6f anticipated programs rather than arbitrarily allocate funds to the park development. Councilman Beaven agreed, emphasizing that he would prefer to see the discussions matter concluded in an orderly fashion but that the real need for such a facility could not be stressed strongly enough. Mr. Beaven suggested that money be found at this time for grading, filling and erosion control, with the balance of the reqµired funds to be appropriated at a later time. Councilman Stokes wondered if not both programs could be accomplished silnultaneously but cautioned that no work 'should be started with the approachiµg rainy season this close. Various staff members agreed that the end of the rainy season should be awaited. caution of rainy season The Council requested the Finance Director to commence work on the preparation of a Capital Improvements Budget and to noti.fy the Council at the next council meeting as to the date on, which a study session of it could be held. request page 10 written reports counsel's message relayed opinions voiced compromis~ suggested ' need for exemption cited Ord. 417 enacted with exemption 357-HC-68 present- ation extensive land- scaping requested Minutes of the City Council November 4, 1968 CC-30 Unfinished Business cont'd Written reports relative to the Sheriff's Department responsiveness to a complaint as well as Goodwill Industry Collection stations had been submitted for the information of the Councilmen, City Clerk Ryder advised the Council that the City Attorney had instructed him to relay the Council's power in the :matter of the proposed drive-in restaurants, etc, moratorium, Planning Commission Chairman Frolich reported that his Commission had concurred in the verbiage of the proposed emergency Ordinance, Councilman Fitzgerald felt that it would not be fair, nor would it be within the jurisdiction of this Council, to impose a moratorium on people who are desirous of establishing businesses within the community. Council- man Stokes took exception to Councilman Fitzgerald's statement, maintaining that it was this Council's duty as elected representatives to establish guidelines by which the City and its citizens are best served. Councilman Beaven suggested a compromise because of the rush of applications received and moved to enact a moratorium for drive-in restaurants until a new regulatory Ordinance can become effective. Councilman Stokes seconded. In considering the existing McDonald application, Councilman Stokes felt that this application should be considered separately from all moratorium decisions as it had run the full gauntlet of red tape and should not have the same restrictions imposed on it as a very new application, Councilman Stokes moved to enact Ordinance No, 417 as an emergency Ordinance but that Application 357-HC-68 be exempt from this Ordinance and be con- sidered as the next item on the listed agenda. Councilman Dempster seconded for discussion and wondered about the word "exempt" in the motion. It was decided that the verbiage should be "not effected". Ayes: Councilmen Beaven, Dempster, Stokes, Noel Noes: Councilmen Fitzgerald Absent: None In discussing Application 357-HC-68, Counci.lman Dempster asked that the representative for McDonald operations indicate the anticipated use for the two parcels of land adjoining the McDonald site. The applicant stated that McDonald was sole owner of its site and that he was not aware of who the owner of the adjoining property might be or where he could be reached. It was the consensus of the Councilmen that the McDonald operation should, if approved, set a precedent for all other restaurants in the area by planting extensive landscaping to further enhance the appearance of the building as well as the åperation. Councilman Stokes suggested that the applicant employ a qualified landscape architect and relay the feelings of this City Council to him. This would preclude the possibility of the applicant having to return to this Council at a later time with the excuse that the ¡andscaping had been completely planned and no additions could be made. Minutes of the City Council November 4, 1968 Unfinished Business cont'd CC-30 page 11 The applicant stated that he was willing to adhere to any reason- able request the City might have as the McDonald administration was most desirous of doing business in Cupertino. Mayor Noel felt that, just because the applicant was a landowner in this City did not give discussions him the inherent right to construct still another restaurant, but Councilman Stokes disagreed stating that the landowner can put a legal use on his property as his inherent right. Councilman Beaven, in reiterating that this applicant had made three previous attempts to do business in this City, that the operation was financially sound, and because the applicant had repeatedly ex- pressed his desire to construct a quality operation and maintain,sBJlle,motion to moved that the Council accept the application outside the moratoriumo accept exempt Councilman Stokes seconded, stating that his reservations had been application based upon the vacant lots adjoining the McDonald site but that, under tþe new proposed ordinance, this matter could be controlled by the City. Councilman Stokes further stated that from now on any applicant would have to secure a Use Permit, which requirement in no way means that the City arbitrarily legislates citizens out of their right. Council- man Dempster requested that, prior to spending additional funds on the planting for thiR site, the applicant approach the Cit:}' to work with them on the landscaping plans in an effort to set an example of what can be done through willingness and cooperation. Councilman Dempster cautioned the applicant that he would face some stringent H Control requirements, and the applicant agreed to contact the building inspector prior to proceeding with plans for the landscaping. Roll call on vote to approve the McDonald operation Ayes: Councilmen Beaven, Dempster, Fitzgerald, Stokes Noes: Councilman Noel Absent: None Mayor Noel read Ordinance No. 417 in its entirety to satisfy the requirements for enacting an urgency ordinance. Councilman Stokes moved for enactment, Councilmen Beaven seconded. Ayes: Beaven, Dempster, Stokes, Noel Noes: Councilman Fitzgerald Absent: None Petitions for improvement of Regnart Road under the 1911 Improvement Act were discussed. City Engineer Boyd stated that he was uncertain if the required 6~ majority was in existence and suggested a conti- nuance of the matter for two weeks. Councilman Dempster moved by minute order to continue this matter the conditions that 1) any problems encountered be reported to the City Manager immediately upon his return from vacation and 2) these problems be resolved prior to the resubmission of the petitions to the City Council. Councilman Beaven seconded and it was passed una- nimously. need to set precedent defined roll call on vote Ord. 417 read Ord. 417 enacted regnart road improvement matter upon matter . continued wit conditions page 12 courses of act ion defined question answered letter to be written items deferred new bus. o:peration plan accepted staff report motion to defer motion withdrawn county to be con- tacted advice of applica- tions appointment to commission Minutes of the City Counci.l November 4, 1968 CC-30 Unfinished Business cont'd City Clerk Ryder advised the Councillllen that the City Attorney had suggested two courses of action relative to the L'enlO'17al of the trailer operation from Estates Mobil Service; 1) order the City Attorney to institute legal proceedings against the operator, or 2) have the City Attorney write a letter to the operator demandIng cessation of this operation, Councilman Stokes wondered :If, in wr:ltî.ng th6 orIgin!>.1 letter to the operator, a carbon copy of that letter had been sent to the Mobil Oil Company, The answer was negatIve, Councilman Stokes moved that arwther letter be w-ritten to the operator stating that he is in violation and requesting him t,o respond within ten days; a coW of' this letter to be forwarded to Mobil on Company and the proprietor's attorney, Councillllan Dempst;er seconded and it was passed unanimously. Items 9., 10, 11. and 12. of the listed agenda 'were deferred to the next City Council meeting, New Business Councilman Dempster moved, Councillllan Beaven seconded and it was passed unanimously to accept, by mi,nute order, the Cjvil Defense O:peration Plan. City Engineer Boyd stated that he had studied the standards for annexation 'of County Roads and that, in his opini,on, the proposal was incomplete and should be reworded, Councilman Dempster moved, Councillllan Stokes seconded to refer this matter to the City Manager. Councilman Dempster withdrew his motion, Councillllan Stokes withdrew his second, Councilman Stokes moved that the s'taff contact the County informing them of Mr. Boyd's cOlDIJ).ents and stating that this is an unreasonable request to force a City to annex large portions of County roads, and that this City Council reserves the right to make í'urther connhents at a later time. Councilman Beaven seconded and it was passed unanimously, City Clerk Ryder advised the Council that two applications had 'been received for the existing vacancy on the Library Commission, one from Dr. Richard Arakawa who, by his own admission, does not live within the City limits, and the other from Mr. Robert Mathiasen, Councilman Stokes moved to send a letter to Dr, Arakawa thanking him for his interest but stating that it was impossible for him to serve because of non-residency in Cupertino, and to appoint Mr"o Robert Mathiasen to the vacancy, Councilman Dempster se,conde~' and it was passed unanimously, Minutes of the City Council November 4, 1968 New Business cont'd City Clerk Ryder advised the Councilmen that one additional appli- cation to those previously submitted had been received for the vacancy existing on H Control. Councilman Stokes moved that this matter be deferred for two weeks and that the three applicants be contacted in the interim for their willingness to serve at this time and to again advertise that a vacancy exists on H Control. Councilman Dempster seconded and it was passed unanimously. Report of Officers. A. City Treasurer There was no additional report from that department. B. Acting City Manager There was nothing further. C. City Attorney On behalf of the City Attorney, City Clerk Ryder advised the Council that the City Attorney had contacted Mr. Provence and Mrs. Kester with a demand to remove the illegal fill within ten days, after which time legal action would be instituted. The Council instructed the Director of Public Works to develop a procedure for notifying the Cupertino Sanitary District of any request or proposal which would result in a rezoning to a heavier density, There were no reports from the City Engineer, the Senior Planner, the Chief Building Inspector, the Director of Parks and Recreation and no further report from the City Clerk - Finance Director. City Clerk Ryder reminded the Council of the Inter-City Council dinner scheduled for Thursday, November 7, 1968. Councilman Beaven moved, Councilman Dempster seconded and it was passed unanimously that the meeting be adjourned, The meeting adjourneé, at 12:03 a.m. A'''''' ~ hd! City Clerk APPROVED: ~k.-~"'~ Mayor,ICity of Cupertino ! \ CC-30 ! page 13 additional application for h control matter deferred treasurer no report manager no report attorney report of action taken procedure requested no reports reminder adjournment