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CC 01-04-65C I'TY OF CUPER.T IN.0 Calif or nia 10321 So. Saratoga -Sunnyvale Road (City Ha1.1 Cupertino, California, 9j0124 Ph; 25;'••-4505 MINUTES OF THE REGULAR MEETING OF THE CITY -CO.j'NC_`CL.,..'Ja.nua.ry 4, 1965 PLACE: Board Room, Cupertino School D_*_sGlrict Office TIME: 8:00 P,M. I SALUTE TO THE FLAG II ROLL CALL Councilmen present.:. Dempster, Fitzgerald, Noe1.,Stokes, Finch Councilmen absent: None Staff present: City Manager, Phil Storm City Attorney, Sam Anderson City Clerk, ' Larry Martin Assistant City Engineer, Robert. Shook City & Traffic Planner, Adde T-aurin Chief Building Inspector. Bill Benevich Recreation Director, John Parham Recording Secretary, Lois Inwards At the pre -meeting conference, Mr. James Pott, Director of Public Works, discussed the financial structure for the' Stevens Credk Boulevard .project. He distribii.ted copies of a report to the Councilmen. Mr. Pott said that the County must,.,at all times, have full and complete control of the protect. He said the County recommends the landscaping go in at a later date; pro- vision for irrigation, however, =h.ould go in during the initial improvements, Mr,, Pont felt: lighting on both sides. of the street would be sufficient, imles,J Cupertino elected to have all the lighting facilities on the med _an r,rip, as was done on Page Mill Road in i'alo Alto. The County will provide the cities with the property ttitle ' i.nfo.rmation., There is a 110, minimum road width for urban extension., III MINUTES OF THE PREVIOUS MEETING - December 21, 1964. Councilman Stokes had a correction on Page 10, second paragraph: His reason for appeal on the H-Control decision was because of two identical service stations less than a mile apart. Moved by Councilman Noel, seconded by Councilman Fitzgerald to approve as corrected the Minutes of December 21, 1964. Motion carried, 5-0 IV ORAL AND WRITTEN COMMUNICATIONS The Mayor said the Engineering Services for the Assessment Dis- trict for Vallco Park would be discussed under Oral Communications. The Cite; Attorney aid ' there wc,ald be a :,aparate Agreement for the sanitary sewers. -1- Mr. Ken Jones, Bond Council, was present to explain the Assess- ment District Agreement, Councilman Stokes wanted -to know why this Agreement did not include san.,tar.y sewers. Mr. Jones said that, as an economy measure, the Sanitary District felt it should handle this as a separate agreement, MINUTE ORDER: Moved by Councilman Stokes, seconded by Councilman Dempster, to authorize the City Manager and City Clerk to sign this Agreement. Motion cari.°icd, 5-0 Moved by Councilman Stokes, seconded by Councilman Noel, to adopt Resolution 1021-2. AYES: Councilmen Dempster, Fitzgerald, Noel, Stokes, Finch NOES: None Motion carried, 5-0 WRITTEN COMMUNICATIONS: 1. The City Clerk said three applications have been received so far for the Park and Recreation Commission. 2. Letter of resignation from Dr. Scott Thomson, Chairman of the Planning Commission. 3. Letter from Planning Commissioner Frolich regarding the donation requested by the Dos Palos Band for their trip to Washington to play in the Inauguration Parade. The City Manager said he has already written to them that Cupertino cannot give tax money to organizations. 4. Letter from City of Albany regarding the recent disturbances at the college. Moved by Councilman Noel, seconded by Councilman Fitzgerald, to accept the resignation of Dr. Thomson and to authorize the City Manager to have a Resolution drawn up in his behalf. Motion carried, 5-0 Moved by Councilman Dempster, seconded by Councilman Stokes, that all applications for the Parks and Recreation Commission should be in before the first City Council meeting in February and notice thereof should be advertised in the papers. Motion carried, 5-0 Moved by Councilman Noel, seconded by Councilman Stokes, to receive and file the written communications. Motion carried, 5-0 V REPORT OF THE PLANNING COMMISSION There was no verbal report at this meeting. VI PUBLIC HEARINGS There were no public hearings at this meeting, VII ORDINANCES AND RESOLUTIONNr FOR ADOPTION A. ORDINANCE 140 (a) : Provid l.r.g For The Establishment of Grades -Of All Tract Developments, Commercial and Industrial Property and Providing For Cons tr.-act,ion of Retaining Walls When Deemed Neeesasary :' T Ci-.t;y r;ngineer., Rev%.ew and Discussion. Moved by Councilman Dempster, seconded by Councilman Fitzgerald, that Ordinance 140(a) be sent to the ''lannitig Commission for review. This motion was amended by CoLaici.lman Dempster and seconded by Councilman Fitzgerald to include, Or•din.ance 21.4(a) in being sent to the Planning Commission fo:r review, Arneildment carried, 5-0 Motion carried, 5-0 VIII PAYING BILLS A. Resolutions No. 1048 and 1049 Resolution. 1048 was read by Treasurer Fitzgerald. Moved by Councilman Noel, seconded by Councilman Dempster, to adopt Resolution 1048. AYES: .Councilmen Dempster, Fitzgerald, Noel, Stokes, Finch NOES: None Motion carried, 5• 0 Resolution 1.049 was read. by Trea.Uurer Fitzgerald, Moved by Councilman. Stokes, seconded by Councilman Dempster, to adopt Resolution 1049. AYES: Councilmen Dempster, Fitzgerald, Noel, Stokes, Finch NOES: None Motion carried, 5-0 IX REPORT OF OFFICERS A. REPORT OF CITY TREASURER Councilman Fitzgerald had nothing further to report, B. REPORT OF CITY MANAGER 1. The City Manager..said the Stevens.Creek Blvd. project had already been discussed.with.Mr.'Pott at the pre - meeting conference. 2. Interim traffic signal at Wolfe Road ,acid Stevens Creek Blvd. The City -Manager said, that,. from all indications, this will be a vej,y 4na,y int-rsection and recommends he be author_zed to t:o b_i,' . on Janua:� ;yT 18th for an interim traff is signc..l, ;.o ba us•:d until the perma-r-.ent one is installcd.. Sc moved, by Councilman Dempster., seconded by Councilman Noe 1 Motion carried, 5-0 C. REPORT OF CITY ENGINEER 1. Shell Oil, NW corner of Saratoga -Sunnyvale Road and Park Avenue. It was recommended by the City Engineer that the City Council -- accept the improvements constructed in conjunction with this development. So moved, by Councilman Dempster, seconded by Councilman Noel. AYES: Councilmen Dempster, Fitzgerald, Noel, Stokes, Finch NOES: None Motion carried, 5-0 2. Tract 3354, Candy Rock Mountain. Regnart Road at Lindy Lane. It was recommended by the City Engineer that the City Council adopt Resolution No. 1030, approving Final Map, etc., Tract No. 3354, Candy Rock Mountain. City Engineer to sign after Sanitary District signs.' So moved, by Councilman Fitzgerald, seconded by Councilman Stokes. AYES: Councilmen Dempster, Fitzgerald, Noel, Stoles, Finch NOES: None Motion carried, 5-0 D. REPORT OF CITY ATTORNEY 1. The City Attorney reported he is working on the sale of bonds and also to have a Resolution ready by Jan. 18th, which will set the bond sale for March lst. 2. The Barrett case was reviewed in Court this day. The Court took the position that the vehicles and miscel- laneous lumber, etc., had no relation to an R-1 district. The City Clerk had submitted certified copies of the Minutes of the.Public Hearings and they had played an important part in the final decision on the case. E. REPORT OF BUILDING INSPECTOR 1. Application 152-HC-64.,..Simla Lands, Ltd., was a review of a revised roof plan f,or, a Drive -In Dairy at 22280 Homestead Road. This application was approved. 2.. Application 1.67-HC-64, was for a 32 x 5' plastic sign for one of the businesses at Boulevard Shopping Center. This application was approved, with the condition that the sign be placed on the marquee. F. REPORT OF RECREATION DIRECTOR 1., On January 12th, the Chairman of the Stevens Creek Park Chain Committee will mane a presentation before the County Board of Supervisors asking that this be considered as Regional Facilities.. It was the recommendation of the Recreation Director that the individual cities defer their recommendations until after this presentation. G. REPORT OF CITY AND TRAFFIC PLANNER 1. The City Planner commented on.the recent request for permission.to use property near Stevens Creek Dam for a dump in order to fill in an existing canyon. This is a narrow valley, hidden from the highway; however, a garbage dump should not be located here because it may be very difficult to prevent seepage into the City's water supply. After annexation of this property, it is the right of the property owner -to make application to the Planning Commission for a Use Permit and a written inquiry should be sent to the County Health Department asking for their standardized procedures The Planning Commission then would decide whether or not a Use Permit is to be issued, b ut.this would not come before the City Council unless specifically required. Moved by Councilman Dempster, seconded by Councilman Stokes, that the City Planner be instructed to write a letter to the applicant explaining this procedure. Motion carried, 5-0 Mrs. Vada Voss, 10365 Stevens Creek Road, Monta Vista, wanted it in the Record that nothing from Stevens Creek Quarry will aid in fighting fires in that area if this Use Permit is granted, unless they first are given written assurance that any loss of equipment or life resulting from it would be compensated f or. Mr. Louis Stocklmeier, 22120 Stevens Creek Blvd., Cupertino, said he wanted it in the Record that lie is against any such move on the part of the City Council or the Planning Com- mission to entertain any thoughts of putting sewage disposal in this area because of the resulting water polution to the City's own water supply. He feels there are other areas than the watershed areas for this type of thing. Water polution is one of the biggest problems in the United States. 2. The Excavation Ordinance is on the agenda for the next regular meeting of the Planning Commission. Ordinance 214 (a ) has been posted; Ordinance 140 (a ) has not. X UNFINISHED BUSINESS A. Miscellaneous ---- None XI NEW BUSINESS A. Councilman Fitzgerald cited a py oblem in a residential neighborhood where loading and unloading of a trailer is creating a nuisance. -5 - The City Attorney said the thing to do would be to eliminate the provision of loading and unloading on a public street from the Ordinance. He will study the situation further. B. The Spring Meeting of City Managers will be held on February 17th in Sacramento. Moved -by Councilman Noel to authorize the City Manager to attend the above -mentioned meeting. C. League of California Cities will have a Seminar Feb. 1, 2, & 3 in E1 Segundo. Councilman Dempster indicated he would like to attend. The City Manager will make necessary arrangements. D. Mayor -Finch was concerned about the Yamaoka property cleanup. The City Manager said he would take care of it first thing in the morning. XII ADJOURNMENT Meeting adjourned at 9 P.M. to Tuesday, January 5th, 8 P.M., at the Collins School Multipurpose Room, ATTEST: City Clerk APPROVED: /s/ Paul H. Finch Mayor · . CITY 01 CUi'ERTIHO CalUor,,12 10321 So. Saratoga-Sumyva1e Road (City Hall) CUpertino, Cal!!'ornla, 950:.11 Ph: 252-4505 IUJIVDIS OP TIlE P.3GULAR MEETING OF TIlE CI7Y COV'iCIL, January 4, 1965 PIACB: Board ROOI!I, Cupert1no School Dls~!'1ct orr1c~ nIŒ: 8:00 P.M. x SALt7B '1'0 THE FLAG XX ROLL CALL Counc1lsen present: Counc1lmen absent: Dempster, P1tzgeralô, -Noel,Stolœs, P1nch Mone Stat"t" present: City Manager, Phil 8t01"lll City Attorney, Sam Anderson City Clerk, Larry Yart1n Assistant Cl~y Er~ineer, RoLcrt Shook City a: Trat"nc Planner, "dde l.e.urin Chief' a..i J ding Inspector, Bill Benevlch Recrea~ion Dire.:: &01' , John Parham Recording Sec:-.-;tar;(, Lois Inwards At the "r~-::¡eeting cOn1"erence, Mr. Ja:nes Pott, Director ot" Public Works, :Hs,::u3sed the t"inar.c1.D.I str¡;.:ture t"o:' the Stevens Creå< Bouleva.-: ;!'oject. He distrIbuted cGpies ot" a report to the Council~~. Mr. Pott said that the Co~~ty must, at all timeð, have t"¡;.:: a:1d complete control of the project. He said the County re:::'2œnds the landsCa?lr.¡; go in at a later date; pro- v1sion ~:!' irrigation, however, should go in d~lng the initial improve:.e~ts__ Mr. Poet t"elt l-'Sha:1g on both sides ct the street ~~~¡d be 3,~tlcient, unle'~ Cupertino elected to have all the :lghting fac111ties on t!'~ me':'lan ~<;!'ip, as was done on Page y~:: Road in ?alo Alto. The Co~~ty ~ll1 provide the c1ties with th~ ;:rop..r1;y title 1 nformst1c!' . There 13 a 110 I mlniClU::1 road wl~~~ for urban extension. III MINUTES C? THE PREVIOUS MEETING _ :'c:ember 21, 1964. CouncE::ar. Stokes had a correction on Pase 10, second paragraph: His re~sc~ for appeal on the H-C'ntrol decision was because ot" two ide~tical service statior.~ lees than a mile apart. Moved by =ouncilman Noel, aeconded by Councilman Fitzgerald to approve as corrected the Minutes ot December 21, 1964. Motion carried, 5-0 IV ORAL A.'ù IIRITTEN COMMUlfICATIONS The Mayor saId the Engineering S~'vicea tor t1".e Assessment Dis- trict ~C!' Vallco Park would be discussed u:1der Oral COl!JllUlllcatioru The City Attorney eai~ there »~~l~ b~ a separate Agreement tor the sanitary :;ewers. .J- .. - ~. Ke" Jane", Bond Council, was present t.o cxplalr, t.he Assess- me~t ~istr1ct Agreement. Councilman Stolœs wanted to know why this Agreellll!nt did not include sanitar)' sewers. Mr. Jones said that, as an eco~ _asure, the Sanita.."7 D1atrict felt it should handle thia as a separate agreellll!nt. KD<1.'TE ORDER: Moved br Counc1~ StokeB, seconded by Counc1lman Dempster. to authorize the C1t7 Manager and City Clerk to sign this Agreellll!nt. Motion carried, 5-0 Moved by Counc1~ Stokes, seconded by Councilman Noel. to adopt Resolut10D 1021-2. AYES: CouncUaen Dempster, Fitzgerald. Noel. Stokes, P1nch NOES: None Motion carr1ed, 5-0 WRI'l'TEN COMMUJiICA'l'IONS: 1. The City Clerk said three appl1cationa have been received so far for the Park and Recreation Commission. 2. Letter ot resignation from Dr. Scott Thomson, Chairman ot" the Planning Co_iss10n. 3. Letter from Planning COlllll1ssioner Frol1ch regarding the dor.ation requested by the ¡)os Palos Band tor their trip to liashington to play in the Inauguration Parade. The Clty Jf.ar.ager said he has al,-.ea1y writ.ten to theCl that Cupertino c~~ot give tax DOney to ~rbánizations. 4. Letter from t;ity of Albar.y regarding the recent disturbances at the college. Moved ty Councilman Noel, sec~n~éd b, Counc1l=an Fitzgerald, to ac~ept the res~r.ation of ~!'. Thomson and to authorize the Clty ~~ger to ~.ave a Resolut~cn drawn up in his behalf. Mctlon carr1ed, 5-0 Moved t:¡ Councilman Dempster, seconded by Cour.cilman Stokes, that all applications t"or the Parks and Recreation Co_ission shou11 te in betore the 1"1rst City Council meeting in February and r.ct~~e thereot should be advertised tn the papers. Motion carried, 5-0 Moved by CO\DICiJaan Roe 1, seconded by CO\3lcllman Stokes, to receive and tile the written communications. Motion carried, 5-0 V REPCRT CP THE PLAJlllIlfG COMMISSIo.'i There ns no verbal report at t~ls œe'.;1ng. VX PUBLIC HEARINGS There ~ere no public hearings at thilt "",etlng. ,., -- - ~__ ."..f'.."'....c ....... - VII CR:;~;;.::'=ES AND P.ESOWTIC!;~ 1'0;\ ADOPTION YXD A. ;::'-::L'WICE 140(a): Previd!,..g l"c.r The Establ1shæent of ~:'ades On All Tract Deve]')pme:.ts. Co_rcal and Indu.õtrial ?:-:~rty and Prc...tc!~ For CorJltr\:ct10n of Re~ain1ng Walls ;,=en Deeoe1 Necesøar;¡ B:r C! ty ;;;ngineer. Review and : ~scU8s1on. Moveè ~ Counc1lan Dempster, becondeC1 by Coun::llman Fitzgerald, that Ctù1Dmcel40(r' be sent. to the Planning C~sion tor review . '1'h1a mUaa _ A ~ ~ by Councilman Dempster IUd seconded by COUDCUaD ft1l _ .-.:14 W 1Dc1ude Ord1Dance 2l"(a) in being sent to the pl._'. C '..lon tor re~iew. Amen-lment carri..d, 5-0 Motion car!'1eå, 5-0 PAY¡S¡ SILLS A. Ruolutiona lio. 1048 and 1049 :.Holution 1048 was read by Treasurer Fitzgerald. "'_-red by CouncilDBn Noel, secoooed by councilmar. Dempster, ~: 310pt Resolution 1048. _~:.:.S: S:E.5 : counci1cer. De~ster, Fitzgerald, Soel, Stokes, F1nch None Motion carr1ed, 5-0 :~~:lution ]049 ....as read I:l :rea~urer Fitzgerald. !'(:-;-.: by Cour.cil::an Stokes, seconded by C:::u.~c1]Clal1 Dempster, ':: .i'::'opt ResCJ:!.'_,;~on l~.I-'¡'9~ ,.,,:..:..;,: Counc11:::e~ !)e~.;..":tt~r. ; ._~.;~~eralè.. .::-.t?l, ~tckes, Finch None "--' .' -:..,:): Motion ca~rled. 5-0 IX REPC¡::: ::.: OFFICE.RS A. :~=:P.: OF CITY ':'REASURER ::·:.:1Imsn Pitzget"ald had notJ-.1n¡>; furth,,!' to report. B. :2 :.":¡' OF CITY MANAGER _. The Cit,. Manager said the Stevens Creek Blvd. project had already been discU$sed with ~r. Pútt at the pre- :-.eeting con1"erence. ê. Inter1m trat'tlc s1gnal at Wolfe Road aud Stevens Creek Blvd. The CU.,. Manager sa1d that, troo all indications, th1s will be a vel')" ~U2¥ 1r.tp.r~ection andreco~ends he ~ author1zec! t,., ~c to bl~ on .-anual',f lSth t"or an interim traffic si.gne.l, .;0 b~ u~:d until the pe:-mal"ent one 111 installcd. , --. ~-: ~._"...... ,.. . . So moved, by Councilman lJ.."'p~~er, seconded by Councilman Noel. Motion carrled, 5-0 C. REPORT OP CITY ENGINEER 1. She] 1 011, 1011 corn;:!' of S:l!'atoga-sunnyvale Road and Park Avenue. It was rec( "'~d by the City Engineer that the Cit7 C011ftCl1 accept the SlQlrcvements c:>œ.tructed in conjunction 1f11:b "tld.s develos-nt. So _d, _ ('.ouDC1lDBn Dempster, _onded b7 C011ftCllmn Reel. A1ES : NOBS: C_~ Dempster, Pitzgerald, Noel, Stokes, P1Dcb NODe Motion carried, 5-0 2. Tract 3354, Candy Rock Mountain. ¡;~gnart Road at Lindy Lane. It was recOlllDended by the City Engineer that the City Counc11 adopt Resolution No. 1030, approving Final Map, etc., Traot No. 3354, Candy Rock Mountain. City Engineer to sign atter Sanitary Dlstrict signs. So moved, by Councilman Fitzgerald, seconded by Councilman Stokes. AYES: NOES: Counci:~2n Dempster, F~tzgera¡d, ~oel, Stokes, Finch None Motion carrie1, 5-0 D. REPORT OF CITY ';~O~!ŒY 1. The City Attorney reported he 13 w0rklng on the sale ot" bonds and also to t~ve a Resoluticn ready by Jan. 18th, which w1l1 set the èc~d sale for March 1st. 2. The Barrett case was revlewed in Ccurt this day. The Court took the position that the vehicles and miscel- laneous lumber, etc., had no relati<'n to an R-I district. The City Clerk had submitted certified copies of the Minutes ot the Public Hearings and they had played an important part in the final decision on the case. E. REPORT OF BUIWING INSPECTOR 1. Application l52-HC-64, Simla Lands, Ltd., was a review of a revised root" plan for a Drive-In Dairy at 22280 Homestead Road. This application was approved. 2. Application l67-HC-64, was for a 3' X 5' plastic s1gn for one of the businesses at Bcule·,·ard Shopping Center. This appljcation was approveG, with the condition that the s1gn be placc·i ca the r.;arquee. _4_ - F. REPORT OF RECREATI<ti DIRECTOR 1, on January 12th, the Chalræn or tit:: Stevens Creek Park Chain Committee will ~~~ a preEentatio~ beror~ the County Board of Supervisors as~ that ~~i~ be considered as Reglonal Facilities. It was the rec()IIIIIendation of the Recreation Director that the individual cities defer their recommendations until after th1s presentation. Q. REPORT OP CI'lY AJID 'l'RAPPIC PLANNER 1. Tbe C1C7 1".- c_nted on 1;be recen1: request for per1I1aalO11 to _ propert;r near StrnJ18 ereek Dalll tor a dwIp 1D order 1:0 t1111D an ø1ñill& ~on. This 18 a DBrrOIf ft11eS'. b1dden troll tbe h1~; bOWeVer. a prbep 4uIIp -,.. DOt be 1oo&teII.... because 11; ~ be very 4U'n.c1I11; to preven1; M_~ 1rd;0 the CiC7 '. water 1Npp~. After IIDIIexat10n ~ th1a property, it 18 the r18h1; ~ 1;be property owner 1;0 _Iœ application to the p'.....1OW Coaa1asion for a Use l'erm1t and a wr1tten inquiry sh0W4 be sen1; to the Couot;r Health Depar1;_nt aak1~ for their standardized proce4ures. The pb....1f\g COIIIII1.ssion then would decide wbtttber or not a Use Feratt is to be lBaued. but th1s would not COllI! betore the CiC7 Council unless specitically required. Moved "y Councll::an Dem;!ster, seconded by Councilman Stokes, that the City Plar.ner be instructed to write a letter to the applicant explaining this proce~ure. Motion carried, 5-0 Mrs. Vada Voss, ~0365 Stevena Creek Road, Konta V1Bta, wanted it in the Record that nothing fro:n Stevens Creek ~rry will aid in fighting tires in that area it this Use Permit is granted, unless they first are given written assurance that any loss ot equlp2nt or Ufe resulting troo it would be compensated for. Mr. Louis Stocicl::leier, 22120 Stevens Creek Blvd., Cupert1no, said he wanted it in the Record that he is against any such move on the part ot the City Counc11 or the Planning Com- m1ssion to entertain any thoughts ot putting sewage disposal in this area because of the resulting water polution to the City's own water supply. He t"eels there are other areas than the watershed areas for this type of th1ng. Water polution is one of the biggest proble_ in the United States. 2. The Excavation Ordinance is on the agenda tor the next regular meeti~ ot" the Planning C'.)_ission. Ordinance 2l4(a) has been posted; Ord1nance l40{a) has not. I UNFINISHED BUSINESS A. Miscellaneous lone IX NEW BUSINESS A. Counc11man Pitzgerald cited a p;,(;b~am in a residential neighborhood where loading and unloading ot '" traller is creating a nuisance. -5- The :'ity Attor:-.e1' said the thing to do would. be to ellmll18te the provis1on of lœd1ng and unloading on a public street from the Ordina=e. He will atudy the situation t"urther. B. The Spring Meet1.ng o~ Ci1;:; ~!anagers w11l be held on February 17th 1n Sacramento. Moved by Counc11-" JIoe1 to author1ze the City Manager to attend the aboYe-eat:1cmed meeting. C. League ot ca~artda C1~1es w111 have a SeIll1nar Feb. 1, 2. " 3 111 Bl Se~o. ~l1man Dempster 1....1("eted he wou1d lllœ to atterd. ~-~ Manager Will aaJœ necessary ~_nts. D. *101" P1IIcb ... D ll_4 about the Yamaoka property cleanup. The C1ty JIanqer 8a!d be would take care of 1t first thing 111 the IIIOl'D1ng. xu AD')OUJUCIrŒNT Jleeti~ adJOUI'IIed at 97.11. to Tuesday, January 5th, 8 P.M., at the Coll1n.s School Jbl~ipurpose Room. APPROVED: Isl Paul H. P1r.ch Mayor ..~:: -t -- l. '1.........~ 1- (C,,-, c.......... City :lerk -6-