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CC 05-01-67 . . . . . . . Phone 252-4505 10300 'lone Avenue, CUpert1Do. Cal1t., 95014 CITY OJ' CV.BR~INO cau.tcl'ida Ü~ OP mY. RBOULAR I"""~'~ ,. '1D ern COOIfCIL - _ 1. 1967 .~ .. : , ftIÎI: COI.....il ~, 10300 'lorN AftDQe, Cupert1.DO 8:00 r.lI. I SWft'B ro '1'BI RiO CondIIcted b~ tbe trs....dent OoYel."!'III tnt· rrc. Cupertino JU.sb School. '1'be~ then relinquisbed their posltlona to the COUDCll and staff. II ROLL CAu. Counc. present: D__aA\;er. Johnson, Noel, Stokes, P1tzgera1d Counc. absent: Bone Star! present: C1t~ ....pr, Phil Storm Clt~ Attorney, Sam Anderson Clt~ Clerk, Bill Ryder Director ot l'\¡bl1c Works. Prank Finney C1t~ ~fYter. Bob Shook D11"tctor ot ilanning, Adde Laurin Assistant Planner, J1m Nuzum Recreation Director, John ParhaJII Chiet adld1na Inspector, Bill Benev1ch Record1DS SecretarJ, Lo1s Inwards III MI}'~':'ES OP 'l'HB I'nAV ~OOS IUYS1'J.MG (M1=tes ot ...tiq held April 17, 1967, are not yet ava:.:at¡¡eJ The :it,. Clerk ezp1a1ned that, due to a death In her t&lll11y, the Record1na SecretaJ'7 baa not had a chance to flnalize the X1nates ot April 17th. They wl11 be completed by the next regular Metiq. Movej t¡y Counc. Stoke., seconded by Counc. Noel, to post- por.e approval ot the Minutes or Apr11 17, 1967. Ilut10n carried, 5-0 IV ORAL A..'iD WRI'l"rBII cmlmtrtCATIONS A . VRI'l"l'BN , .. tetter ot *7 1, 1967. frOlll Mrs. Prances Loomis res1Sn1n& fro. Parka Comm1sslon, effectlve June 15, beeausa her ta.11y 18 .ovlng out of the State. -1- Letter of Apr1l 25. 1967, fro:n Richard J. Kehr1g. apç~al1ng Planning COmmiss10n dec1s10n on appl1ca- t10n 8-u-67. and request1ng a Hear1ng on May 15. 3. Letter ot April 28. 1961, from Attorney Dan1e1 Donavan, appeal1ng Plann1ng COmm1ssion decision ao appl1ca- \:10n 6-~..61. , ".. 2. 4. Letter ot April ~.>1961. from Hugh F. Jackson, stating hè 1s 10 ~ment with the Architectural " S1te Control ~8t to turn the bu11dl~ 90 degrees on the lClt (applicat10n 26S-HC-61). . 5. Letter ot April 26. 1961, trom Attorney Richard W. Morton, appeal1ns Planning Commiss10n decls10.1 on appl1cat10n 7-U-61. 6. Two letters addressed to the Arch1tectura1 " Site Control Committee trom c1t1zens in regard to appl1cat10n 26S-HC-61. 7. Letter from Mrs. Ina Walker, represent1ng Amer1can ~gior. Auxiliary, ask1ng tr.at the last Fr1day and 3at~rday of May be declared wJff1cial Poppy Days". Moved by C~~C. ~oel, seconded by Co~~. Stokes. to place the requests f~r hear1ngs en the above 3.ppl1cat10ns on the neJrt Cour:ci: ~ge,.ja. ~otion carr1ed, ,-0 Moved by ::'~,:. Stokes, seconded by ::~~:. Noel, that Ma7 26 and 2- ::e ~rocl:li::;e:1 "Off1c1a: ?:ppy Days". ~ot10n carr1~d, 5-0 Jllc:ved by:::.:. StJkes, seconded by ::~:-,:. ~;·:>el, that Mrs. Loo~is' res:gr.atlor. ce accepted _::~ regret, and tr.at the proper ;:es::·~tion be prepared ir. re::gn1tlon of her serv1ce t: :~e :ity of ~~pertlno. ~~tlon carr1ed, 5-J B. ORA:' 1. ~~s. ~j,~ L. ?w~. speak1r.~ :~ ter.alf of the Women's ::~::, presented t~e C1ty CJ~~:il with a letter s:~:i:--6 th~y are sett1ng up .'i trust fund for a ,:~t~ :enter. 7h1s was prese~ted to the C1ty Clerk. ~~. ::~~ Pursley, Jr., of ?~rsley Construct10n ::::pa,,~', requested f1nal re~e"...lon payment for ::~s:~~ction of t~e C1ty P.a::, since all de:1c1encles ~::~i~ the1r respons1b1l1ty :-~ve been corrected. 2. -2- . . . . . · . · . · The Ch1.er Build1ng Inspector conf'1rmed that everything but the voting lights has been taken care of. The Director or Public Works sa1d the voting 11ghts are IIOW ready to go, with the exception ot a rectifier, which is on order and .ill be installed a8 800n a8 received. Roved b7Counc. Stokes. seconded by Counc. Noel, that the 1'1na1 retention paJIIIeDt be made to Pursley Construction CoIIpaD7 . ADIS: Counc. Dempster, Johnson, Hoel. Stokes, Fitzgerald MYS: Hone Motion carried, 5-0 Moved by Counc. StokeI', seconded by Counc. Noel. to receive the written communications. Motion carr1ed, 5-0 V A. RBI'ORT OF PLANNING C<JOŒSSION (See Minutes of April 24, 1967) Comm. Buthenuth reviewed the Plann1ng Comm1ss1on act10n on: 1. LOUIS F. BONACHICH: VARIANCE (4-V-67) TO PERMIT RBOOC- 'rION OF TOTAL SIDE YARDS PR(JiI 16 FEET TO 13.8 PERT; NEI'l'HER SIDB YARD TO BB LESS THAN 6 FEET. APPROVED BY PLANNING COMMISSION RESOLUTION NO. 413, APRIL 24, 1967. 2. LOUIS F. BONACICH: TENTATIVE MAP (3-TM-67) 20771 SCOPIELD DRIVE, CUrsu.ulO, CALIFORNIA; AREA: 3/4 ACRB. APPROVED BY PLANNING COMMISSION RESOLUTION NO. 412, APRIL 24, 1967. Comm. Buthenuth explained that the Plann1no?; Comm1uion ap- proval on the above two items 1s cont1ngent upon a rezoning or the property. He asked whether the City Counc11 pre- rerred to cont1nue these unt11 the rezoning comes before th1s body. The City Clerk also asked that the above two 1tems be deferred. Moved by Counc. Dempster, seconded by Counc. Noel, to con- tinue appl1cat10ns 4-v-67 and 3-TN-67 for two weeks. Motion carried, 5-0 B. RBI'ORT OF THE ARCHITECTURAL a: SITE~PPROVAL COMMI'M'EE (See Minutes of Apr11 26, 1967) -3- " Cha1rman Irwin i-~"tewed action taken by the Committee at the1r last meettpg. He exrlatr.~~ how the COT.mittee had stud1ed ~he Counci~'s motion on aþþ~1cation 265-HC-67, 1n an eftort to tol1ow thè1r w1shes and. at the same t1me, to make a decision in the best interest of all concerned. The application was denied at the meet1ng, chiefly on the basis that the applicant was not willing to turn his build- ing 90 de~s on the lot for the reasons stated 1n the Minutes. Since that meet1ng,the app11cant has prepared a new rendering and s1 te plan in which he has agreed to turn the bu11dins. Although the Committee has not had a chance to meet again since then, Chairman Irwin had telephoned each member ot the Committee and, on the bas1s ot the new develop- ments in the case, they 1nformed him that they would have no object10n t~ the Council overrul1ng the1r recommendation as submitted. Landscap1ng w111 come back 1n for approval at a later date. The Comm1ttee feels this building will Bet th~ pace for future development ~f the balance of\that commerc1al property. C1v11 Eng1neer Tom Henderson. 10601 Sout~ Saratoga-Sunnyvale . Road, CUperti~o, placed the old and new render1r.gs and the new site plan on the bulletin board. There will now be 14 instead of 12 park1ng stalls. The bui1d~ng materials are compat1ble wl~h those used 1n De Anza College. They have t~rned the bUild1ng, removed the fascla sign and replaced it with a new type, non-illumlnated wall s¡gn. . ., , '0'. Counc. Johnson ~ar.ted tc know If there were any comments ~ from the a1ld...ence. . A~torney Jerry Smith, 600 Bank of Amerlca Bulldlng, San Jose, repr~sentir~ the D1neen, TIbtlt, Sa tel and Anspach families, asked if thls new prcposal wçulj new go back t2 the Architectural & Slte Control. Mayor Pitzgerald sald It Is up to the CC'.mcil, whether or r.::t they :nake the dec .si;:,n tcn1ght or send 1t back to the C,~~lttee. Since the draw- . ir~s and renderings are new to U¡E'rr:, Mr. S:r.l tr. asked fur time to study the~. The City Attorney said the advise 1'Y decision of the Arcr.i- tectural and S1te Control Committee to the City Council wa3 based on the tt:!7,¡!!g of the bullding¡ tr.is has been done s_ it Is now up to the City Councll to decide whether or not it must go back to the Committee. There is no hearing requ1red b;¡' law. The only need Is for U'.e applicant to comply with the requ1rements. Mr. Smith complimented Speedee Mart for turr.lng the buIld- ing, whlch was the prlmary request of the þecple. The immense amount of glass was also dIscussed. Now, this 528' of glass will pour a great deal of llght cnto the parking lot, which will st1ll be observed by the rea1dbnts in the area. He added that they woula also like tç wa:ch closely ~ what kind of sign and landscaping goes in ~ere. ,. -4- Do . Counc. Johnson asked about the front beams and "hat goes over the_. Mr. JIeDder80n sa1d the 2 x 6 beallS 11111 extend out over the canow~. but will be enclosed over the alass area. '!'he c~c tile roof line now carr1e. all around the bu1ld1ns. 'ftJe f'act that the light .h1.De. into the parkin¡ lot 1s an alvantage. He said the7 -7 ask tor SO_ low lights in coø,1unction with the landscapins plans. The root appurteD&DCee 11111 be enclosed in tl'J8 bathtub roof'. where the;?' 1I1ll DOt show. Counc. Hoel noted tile applicant has been he1pf'ul in co- operating with the re81.denta in the areaj but wbat about reduction in the s'-- area? Mr. Henderson said Arch1tect Burroughs had prev1øwJ17 suggested ra1s1ng the .1.11 2J¡·. but this waa not reao1.ve<1. Counc. Johnson wanted to conf1rm that landscaPing. signs, and exterior lights were not under cons1deration at this time. . Moved by Counc. Stokes. seconded by Counc. NOel. to approve the Architectural & S1.te Control Comm1ttee Meet1ng Minutes of Ap~il 26, 1967. 1I1th the exception of appl1cation 265-HC-67. . Motion carried, 5-0 ~oved by Counc. Stokes. seç9nded by Counc. Nee:, ~c approve appli~3:ion 265-HC-67 as revlàed. AYES: Counc. Dempste~. Johnson, Noel, Stokes NAYS: None ABSTAINED: Mayor F:1tzgera1d Motion carr1ed, 4-0 . C. REPORT OF THE PARKS COMMISSION (See Minutes ot April 18 and 2~, 1967.) Cha1rmar. Wandry reported on the meetings of Apr1: 18 and 24. On the basis that they are now ready to go ~o b1~ on the f1rst three parks, Cha1:~ Vkndry requested a s~~y sess10n w1th the Cour.cll on May 2nd. The Recreat10n D1re'ctcr w1shed to further clar1ty Chairman Vandry's statement. Be sa1d that the plans tor the two ne1ghborhood parks are virtually complete and w111 be ready tor bid after a proce~ order from the H.U.D. Otti'~e 1s rece1ved. The Recre&t1.on Director also stated th6, the master plan for the central park 1s complete, ~1th coat estimates; however. the work1ng draw1ngs have not been started. Counc. Stokes wanted to clar1fy the po1nt that &nJ' expen- d1ture would need Counc~l approval. An 1te~ 1n the Minutes ot Apr1l 24 was retarred to the City Attornry tor recom- mendation. . -5- )loved by ;':::;'''1C. ~:.,kef!. seconded by Counc. Noel, to accept the M1nu:~¡; of' Apr11 IE! and to refer the Minutes of Apr11 24 to t.,i; ~:""Y Attorney. Motion carried. 5-0 Since Cou::c. Dempster could meet with the Parka Co Iss10n any night except 'l'uesda:r. and this was the onl7 n1sbt that week that Counc. Johnson could meet with them. this .tter was defer=ed unt11 later on 1n the meeting. VI PUBLIC HEl.RINGS A. ANNEL'!"ITON: APPROVING THE ANNEXATION OF CERTAI!f CONT1:;\;OUS UNINHABITBD TERRITORY DESIGNATED -IXPERIAL' 67-1- :0 THE CITY OF CUPERTINO. (Ord1nance No. 361). . S1nce t~:~ were no comments from the audience, it was moved ~y ::~nc. Stokes. seconded by Counc. Dempster, to . close tt~ ?~blic Hear1r~s. Motlc~ ~arrled, 5-0 Moved t:; ~: ,;~c. Dempster, seconded by Counc. S-: :J.es, ~~.a t ordIna~:~'~ be read ty title only. Motiç~ ~arrIed, 5-0 The Ci:~ ~:::rney intr:;1~~ej Ordifiafice No. 3E~. Moved t:; ,. ....~. Stokes, se~cnded b~' C,' -"fiC. Item VI: ::-. -Jut uf or-der ::;r¡ the agt"nja. ,. . ...c-e:_, :.a..:e Motl::;~ ~~rr1ed, ~-0 D. RESc:.~'::ON NO. 135:'-2':': A RESOL'.';ION OF I!."TE!;:"ION TO MAKE :::"~~GES AND MODIFICATIONS, (Project ~;::;. -:-:-:.) Attorney ~:~ert Hill, jf V~:'5cn, Jcnes, Mortc~ a~1 Llr.~-4 explalne~ :~e modlficati::;r.s maje unjer Resol~ticn :'3~1-2 . In orde, ::~ thIngs to fall into se~~ence, he as~ej tr.at the C~ty ::~ncil meet :n May 22nd t: take care ::;f' -:~~5. The C1ty Å::~rney sugge~t~j adjùurning the May 15th regular meet1ng :: ~:OO P.M.. May 22nd. The City ~::c~ney subœitt~J to the C~ty Co~ncl:' a Beard of SupervIs:~s ~esolutljr. regarding Project 66-1. Moved ty ::~:1.~. Demps~er. seconded by Cùunc. Stokes, to adc,pt t!".€- :="':3.~j of Superv1sors' Reso>ltion. Motlc~ carried, 5-0 _F._ . . . t , , fvt r;, ."., :'J:" p . : .'.', ','. ~ ' ~:}.~ ," {,.' ~~~:\~' ~~::: '. . þ . þ Moved by CounC. De..-1;er. seconded by Co\mC. Stoke., to adopt Resolutlon 1381-24 and set the JDee1;1Dg ~or 5:00 P.JI. on Monday, 11&7 ~. A!IS: Counc. ~ I~ter. Johnson, lIoel. StoJœ8. J'11;zgerald KAr.!: None M1øn carr:t.ed. 5-0 111'. Howarth.,ot J....-.c. O.Brian &lid 0.. J "VI. brought to tbe attentlon ot use ~Q Councll 1:110 CM-. ,Orders on the De Anza, et Ill. - _ ~"I1I1:t ProJect 66-1: #1.as an adJust- ment ot quarit1t1ø. 8rd pc; ..s . reduction 1ft cost, due to use or local ..~. Moved by Counc. Stokes. seconded by Counc. ~_p.ter, to, approve Change Order #1. 1Io1;10n carried, 5-0 Moved by Counc. Dllllpster, seconded by Cou.nc. Hoel. to approve Change Order 12. Motion carried, 5-0 The City Attorney introduced a contract prepare'.1 by the State fvr the consent ot the City an4 wl1l be submitted to the Federal Goverr~nt for equal contribut10n tor the Homestead Road Project. Moved by Counc. Dempster. seconded by Counc. Heel, to adopt Resolut10n 1453, author1z1ng the' Mayor to execute the Agreement. Mot10n carried. 4-0 B. ORDINANCB NO. 353: SIGN ORDINANCE (continued) The Plannins Director presented the C\luncll_n wl th coples ot Ord1nance 353 with pencl1ed changes, wh1ch were ..de at the Planning Colllll1ssion meeting. He expla1ned there has not been enough ti_ to have the Ordinane>. retyped to 1ncorporate these changes. Moved by Counc. DUlpeter, seconded by Counc. Stokes, to cont1nue the Sign Ordinance to the next resular ~eting, to g1ve the Council_n time to study the changes made. The motion and second were withdrawn w~ 1tn 1t became ap- parent there were people in the aud1ence w1ah1ng to speak on this IIIfttter. Mr. \:I:..lter Ward. vallco Park General Manager, urged the Council to complete the Sign Ord1nance at the next Counc1l meet 111S. 1f pos6!ble. vallco 1s holding back on crdering all the1r s1gns, penc!inS the enactment o~ the Sign OrdiMnce. -7- VII Mr. Bob Scctt, or Scott Auto Store. asked permiss10n to speak "br1et1y on· Section 6.041. He felt this section was d1scrim- inating ap1n8t tile smaller property owner to the advantage . of the larpr p&"Opert)" owner. Because of setback restr1c- t1o:-.a, 1t 'wo014 IBIœ It virtually impossible for these small property 0........· baldnesses to be seen trom the street at any dietance.IIJ 8dd1.t1on to hutting the small propert)" owners. It,e11~~~ the possibility of a bus1neasman with a flag lot or trt-.p.1A" lot to use a pole sip tor adver- tising anð/or,UeDUtlcatlon. He rec01lllJ8nded Section 6.0111 be de.lettÏd .tróa Ordinance 353. Counc. DllQ8ter ..ked the staft to make some kind of 1nspec- tlon and co.e back1f1th a report as to the number of people who would be al't'ected by this" Section. Counc. Stokes sa14 a great deal ot d1scussion was already held by the Counc1.1 on this section, at which t1me the statt vas aaked to study the matter further, and the 1nfor- mat10n was avaJ.lable. . Mr. Charlie Baer, 20451 3tevens Creek Blvd., Cupert1no. urged the City Counc11 to COl1slder the poor bus1nessman trying to make a liv1ng 1n the C1ty of Cupert1no. ,Uso, he 1s in danger ot 10s1ng one ~f his lessees 1f this sect10n rema1ns in the Or:Unance. Mayor Fitzgerald assured the speakers that the Council would give considerat10n to the points Q8de. . Moved by Counc. Stokes. seconded by Counc. Noel. that Ord1- nance 353 be postponed to the ".,.:,::. Council meeting. Mot1on carr1ed, 5-0 ORDINANCBS AND RBSOWTIONS . A. ORDIHANCB HO. 358: AN ORDINANCE OF THB CITY 011' CUPßRTIHO AJlBNDINQ .aI,,--.f.rON 1 OF ORDINANCE NO. ? BY IUlCLASSIPYIHO A CDTAXH PORTIOJi 011' THB CITY OF CUPERTINO FRCII RlSmBN'l'IAL IIJLTIPLB JIMI.LUJI DBNSITY (R3-2. 7*ma) ZONB '1'0 I'LAJÐIBI) DBVBLOhuwft (p-re) ZONE WITH PLANNBD INDUS'l"RIAL PARK (MP) USE. (P1rst Read1ng) The City Clerk read ordinance 358 in its ent1rety. Moved by Counc. Roel. seconded by Counc. Dempster, to approve the P1rst Reading ot Ord1nance 358. Mot10n carr1ed, 5-0 .' -8- · . · · t B. ORDDWfCB 3liO; .AJI ORDINANCE OF' THJJ CI:fi OF' CUPERTINO AJIBRD'r.dQ, 1 OP OlIDDWfCB NO. 2 BY RBCLASSDYINO A ~ørAI1l. ,œ TBB CI'l'Y C? CtI~ .PRCII _.lull DBHSIft .... JlJLTIPLB (R3-2.1....) ZOHB '1'0 LIGHT ImJS'l'RIAL . &-ft) zon. (First ~Að1~) ',..!- -~:~ The Clty Cltft i'éíll'}~ce No. 360 in 1ts entirety. Counc. Noel DO~'Ulattt.e Counc1l ~:ad asked ro"!.' ' l1st ot allowed uses 8DI1 . letter trom the ~ Anza Colh(ë; Ottlcials. The I'lann1JI& DÞ'eCtor said the l1st has been Inserted In the Clt7 CoÜDéU'. books as BIth1blt B. Be suggest.3d this l1st be rev1.... _ tbe nann1ng Co-s.sslon. wl t' no hb11c Hear1nga 1'fIfIU1Ød. 1Ir. Rodrigues sald·De Anza 1,; h&'dng 1ts Board Jleet:1II8 t-ow'ght, and the letter .111 be fo:·th- com1ng. Be aJlO1os'''eð tor not being able to have 1': for this meet1nS. :. CounC. Johnson relt the submitted list ... less restr1ct',ve than the OI'dJ.......ce. The C1ty Attorney derlned the restI'':''~- t10ns in the Ord1Dance. Counc. Noel asked It the '.lses 0'. the list could c~ in without a Use Permit. It w.s noted that any other use 1f11l have to apply for a Use Perm1t. Counc. Johnson wanted to know the bas1s tor denial"f use:. ' unless they are totally obnox10us, s1nce th1a ,*ould ~.. !'{.1.. The C1ty Attorney sald the Planning COlIID1ss10n-èañ'deny _: use they feel 1f111 not be compatible. Counc. Dempster equated th1a to Stanford Industrial Park. Counc. Stokes noted these indlv1~ual uses would co~e before the Architec- tural & S1te ~ntrol tor approval. Counc. Johnson sald the only stipulation is that the front yards are to be lanISscaped. He asked 1f each and every use would be subject to Architectural & S1te Control. The Plar.n1ng Director sald Architectural "e S1te Control 1s auto- matic and ls a c:)ntinu1ng process, 1:' the property should change hands. The Ass1stant Planner quoted C~nd1t10ns 17 and 19 of the Ordinance. Co~.mc. Johnson felt 1t would be very hard to police the activities going on here because trjs 1s an Industrial zone. Counc. Stokes noted that we have the same situat10n 1n all other zones except Rl in the C1ty. Moved by Counc. Hoel, seconded by Counc. Stokes, to approve the First Reading or Ord1nance 360. AYES: Counc. DeIIpster, Johnson, Noel, Stokes, Fitzgerald NAYS: None Motion carr1ed, 5-0 1IIJro'l'B OlmER: Moved 117 Counc. Dempster t;O send thi.s I1st of uses t~ the Planning eo.m1ssion to be examined by the Comm1ss10n ~nd the Public. Motion failed for lack of a second. -9- -.. Moved by Counc. StoIœ8, seconded by Counc. J'ohDaon, that the Ie.·" - rmll! De Imza '~oll <O;Z" be OJ'" file at City Hall be1'ore ~ne Second 1ilw"111g. Em.. "l.o:! it,," or WJe8 to be made &vanable t:o UIIt Plann1ng Coa.lss1.on and the Public. . ,~ carried, 5-0 . _If"fttsprsld ealle4 1'tir... 1'eCcaa at 10:0:'>. JIee1;JDø 1'eConveneð _ 10:05 P.II. ,c. RISOUJ'rICII m. 1"-: Ouutu lI(¡nCB ø!'D BD~ ~a'1'I. ,. . ,;l.T1I UJIlIllØDlT.., ',\'MIIU.£-" 'ft). 'ftIB CITY (Ø cur-r'IIIIIJ.. . SID) ~~~J:'AJœÐB- SIOM'1'!IIO 1'1 BI' !1m BIIIB OP "hDIdWfAR 2 66-6-; OIVIHO ..neB (Ø ftØ AID PlAeB SAID COUJIC1L WILL BUR I"JIU'I.a..a TM----v. )loved by Counc. Jr. pehr, seconded by Counc. Swke., to adopt Reso1ut;1on 110. 1444 .' AYBS: Counc. Despeter, Johnson, Noel, Stoke., P1tzgera1d NAYS: None Rction carried, 5-0 VIII PAYING BILLS . A. USOWTIOlt HO. 11:50 and 145~. Resc:~:i~n No. lå5~ was read by ?reasu~r Stokes. ICoved by CO\U1c. JIoel, seconded by Counc. Dempster, to adopt Resol~~ion No. 1450. AYBS: Counc . Detlpater, Johnsc~, Noel, Stokes, P1tzgera1d . NAYS: None IIot1on carrlej, 5-0 Resoll..t1on No. 1"51 ... read k)' Treaf.urer Stokes. )loved by Counc. n-peter, seconded by Counc. Johnson, to adopt ResolutIon 110. ¡451. ' AYIIS: Couna. ~ter, Johnson, Noel, Stoke., P1tzserald NAYS: None IIot1on carried, 5-0 :IX RBI'ORT OP OPPICIIIS A. REPORT OP CIft '!'RIrASURER . -10- ] He had noth1nc fUrther to report. ..._.~-'.. · . · . · B. REPORT OF CITY MAMGBR .; 1. It w111 be necessary to 1nitiate ~t doma1n proceed1ngs ~ conjunct10n with the De',\nZa project. To do so, it 11111 be necesaary to s~t a depos1t ot $50,620.00 to the Courts, wh1ch a.ount w111 be returned with a 8Uccesstu.l ruling of the court. Moved by Counc. Dempøter~ seconded by Counc. Roel, to adopt Resolut10n ot Necessity 50. ::.38125. AYES: HAYS: Counc. Dempster. Johnson, Noel, StokeS, Fitzgerald None Mot~Gn carried, 5-0 Moved by Counc. Dempster, seconded by Counc. Stokes, to authorize the Treasurer and the Ci;;y Clerk tt) s1gn the warrant for the above a::Y.>unt. AYES: NAYS: AYES: KAYS: :ounc. Dempster, JOhn50~, Noel, Stokes, F1tzgerald ~;one Mot~o~ carried 5-0 ~ <::. ~~~ ORDER: As ~equested by the City ~nager, it ~as moved by CO'L~C. De~pster, seconded by Counc. :;oel, to a'.lt~.or1ze the l:ty Treasurer ",.d City Clerk :0 sign the AsseS3ment f~r project 66-:. :ounc. Decpster, Johns0~, ~oel, 3tokes, Fitzgerald ~:one Mot1o~ carried, 5-0 3. :ast year. tr~ Veterans Jf Foreign .ars Post 930~ re11nquished tr.eir aut~:~~=ation for a fireworks stand to the Painbow G~~:~' Chapter l47. They would 11ke to do the sa~e this year. So moved :y Counc. Noel, secondej by Counc. De~pster. Mot1on carr1ed 5-0 4. The Inst1tute of State Government, wh1ch will be study1ng many tacets of :;¡unicipal governmental operat10ns, w111 be meeting on June 3r:\ 1n Sacramento. The C1ty Manager requested Counc1l author1zation to attend. Moved by Counc. Dempster, seconded by Counc. Noel, that any members of the C1ty COunc11 and the City Manager are author- ized to attend th1s aeo1nar. AYES: NAYS: Counc. Dempster, Johnson, Noel. Stokes, F1tzgerald None Motion carr1ed, 5-0 ·-11- c. REPOR'l' OF DIRBC'lOR 011' PUBLIC WORKS He rev1e.ed his wr1tten report ot May 1, 1967 IIQOr P1tzge1'814 aaÞd who 1s reeponanle tor replace- ment ot the s1c1ea1k on stevens Creek Bl vii. by the Re.i Vest Reaturant:. The D1rector said the contractor will take care or this. !). REPOR'l' OF cm BRODIBER 1. Tract No. 4267, ste1l1ng Park, 1Jn1t No.2 (Gardena Drive west ot Ste1l1ng Road) Upon recommendat10n ot the C1ty Engineer, it was moved by Counc. Johnson, seconded by Counc. Noel, to adopt Resolut1on No. 1448 Motion carr1ed, 5-0 2. ~e Don's Restaurant (south s1de ot Stevens Creek 31vd.,,150' east of Stel11ng Road) Upon recommendat10n of the City Engineer, 1t was ~oved by Counc. :ohnson, seconded by Counc. stokes, to 1nform the developer and his bond1ng company that the 1mprovement bonds may now be ret1red. Mot1on carried 5-0 E. RE?:RT OF CITY ATTORNEY 1. ::1. reply to a situat10n that came up at a recent :ounc11 meet1ng, the City Attorney summar1zed the rules that govern ev1dence. He then quoted Sect10n 300 ot the New Ev1dence Code, although he sa1d th1s does not govern this body. F. RE?2RT OF BUILDING INSPECTOR He ~..ad noth1ng further to report. G. REPORT OF RECREATION DIRECTOR 1. :'here was an attendance of 300 at the recent roller party. 2. There ~ere 250 1n attendance at the recent teen dance. 3. The CUpert1no C1ty-w1de Talent Show w1l1 be held on May 6th. -12- J . . . . . ',f'< i '. . . . 4. A Mothers' Day Breakfast 11111 be held onJlla}' 3rd. '. 5. The fitneas. Track and i1ielc1 "eet; w1~1 be held on Kay 2œb. 6. We have Just Acquired the use, free ot charge, ot a 200-acre boree ranch area fo~ the po..lbl11t7 ot ase tor da7 caap. 7. 'l'bere were 60 students competing tor the 4 open!n&s 1D the Recreation Department. 8. Pi.h1ng claS'.S 11111 beg1n soon. H. REI'ORi' 811' PLA)¡II' ~ mRllC'l'OR 1. '!'he Planning Director has prepared a tDeIIO tor the CouncU..n 1n regard to the ne1t Zomng Syl4bola. Convera1on tables can be fo~ 1n the Compilation .:>f Reoldent1a1 Zones and in the Zoning Maps Books. I. RE?ORT 911' CITY CLERIC-FINANCE DIRJICTOR He :-.aj nothing further to ajj to h1s wr1 tten report. x UNFn.-:s.::m BUSINESS A. SJ...'CSG OF PARKS ::: .;:,::. Stokes asked Mr. 3.:b V~:son, of the Cupert1no :::~~er, 1f they had rece~ved ar~ suggest1cns for names f::, :~ parka. Mr. V11so=; sal~ this waa the f1rst he'd ~~.:'1 about the matter. :::_~:. Dempster suggeste1:~~ 5~nl~rs In Fremont High S:~~::l Distr1ct part1c1pa~e lr. a contest and perhaps a :as~ award could be arrangej :.:>r the w1nners. !~~ Recreation Director stated he'd rece1ved two sug- g~!:~~ns via the telephone for the centrLl park: ·Condor PIi:,,,· and aimply ·Cupertino Central Park·. . 1'~~7:r Fitzgerald a.ked Mr. Charl1e Davis 1f the Chamber c:'::::mmerce would 11ke to sponsor a conteat, along with t:-.~ cooperaticm ot the CupertIno Cour1er. Mr. Ðev1s sa~: he would look into the matter. '!~.e P.ecreation D1rector stated that the apparent lack cf ~ntere8t in the namIng of the par\(3 does not mean a :a::k of 1nterest 1n the parks themselves. His off1ce gets 70 to 80 calls of :~~uIres per day. 1UJIU"f(' . RDl!:R: Moved by Counc. Stokes, sec;onded by CounC. Noel, to cet a dead11ne ot ~une 5th for entr1es 1n this contest. Motion carried, 5-0 -13- ¡ , ì t' ....... ~ k r i r" f .' ~' ~, B. JlISCEI.I.ANBœS 1. Upon reccw ..".tlon of the City ....-pro. it wa IIOVed 117 Co1mC. Stokes, seconded 117 Counc. Roel, to . abolish tbe JIOaitlon of Street SupedMendent and to 118_ tbè Director of Public Works as the Super1nt..~ ot Streets. *UOn carried. 5-0 2. 111'. Cbarlle Baer asked it the Veed AIIa~nt Ordi- nance could pl... be enforced on tbe propert7 to the ...t aøI nortb of hia boM, ainCe tbe wed8 are &~tt1DB v~ b!gb and .111 soon conatitut. a tire hazard. '!be C1t7 "'_pr ..iel action baa alreecly been tIInn in repreS to this. 3. In repreS to the .tter of the Council waing only a local tra".l agency, Counc. Stokes elle1 not teel there ... an:r eliscrilll1nation aince this 1s a non- competiti". Þu8iness. . Counc. ~~pet.r ..1d that the tact that It la non- co_pet1ti". cIoea not _ke 1t right. Ve appointed 1IrII. BianCa Macchi as our AlDbaaaa40r to Copertlno, Italy. Sbe bas spent a lot ot her ¡:eraonal lIOr.ey and t1_ in pro.ot1ng this Sister City 1dea. Consle1.rable el1acuss1on ìollo.ed, w1th the result . that the atatt ..s asked to prepare a report aa to what non-co8P8t1tlve busIness Is conducted by the City and witb .ho_. _. The Architectural. S1te Control Co~ttee 1a ~loua to bave its two ...bera ~ppolnted. JIc.ed ~y Counc. Stokes, seconded by Counc. .Tobnaon. that t~~, stter 1s to be conslderej at the Adjourned Meetlng . or: *7 22nd, and the newspapers were asked to note the va~:~s vacanc1es on the C1ty's Commlss1ons and Co.-1ttees. Motion carr1ed, 5-0 5. Clty Council-Parks Co_lsslon meeting, Mo.ed by Counc. Stokes, seconded by Counc. .Johnaon, to meet the ~ollo"1ng night, "Ia7 2nd, at 8 P ...., In the Conference Ro.:>ll. w1th the Parke Colllll1ssion, but that no off1c1al action 1s ~,: be taken at tbat meeting. IIDtion carried, 5-0 . . -14- '. . . . . _ AJ)J~ ..C· .." .,C. .,eeI b7 CouDc. StollllM..U)r "ee! b7 Counc. Noel. to , .~ ~ J 8dJ0III'D tile ...t1DS t:o .:00 ..11., 'l'IIeada;r, 11&7 2D4. ':,."';:« ...t1Dl ù,fœrned at nšClO ..11. ~ ;.. '~':~ . ,.¡; ~~ h~"DI: ~J.~ ftt~rald r, t7 0 CIlpen1DO _&aWl: /8/ \fa. E. ~er c:. ., :;lerk -15-