CC 01-18-65C I `.I' ,? OF CUPERTINO
California
10321 So. Saratoga -Sunnyvale Road
Cupertino, Calif., 95014
ph: 252-4505
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL - January 18, 1965
PLACE: Board Room, Cupertino Scp.00l District Office
TIME: 8:00 P.M.
Pre -meeting conference, 7:30 P.M.
I SALUTE TO THE FLAG
II ROLL CALL
Councilmen present: Dempster, Fitzgerald, Noel, Stokes,
Finch
Councilmen absent: None
Staff present: City Manager, Phil Storm
City Attorney, Sam Anderson
City Engineer, Ants Lahi
City & Traffic Planner, Adde Laurin
Deputy City Clerk, Florence Reid
Chief Bldg Inspector, Bill Benevich
Recreation Director, John Parham
Recording Secretary, Lois Inwards
III MINUTES OF THE PREVIOUS MEETINGS - Jan. 4 & 5, 1965
Moved by Councilman Noel, seconded by Councilman
Fitzgerald to approve the Minutes of Jan. 4, 1965.
Motion carried, 5-0
Moved by Councilman Noel, seconded by Councilman
Fitzgerald, to approve the Minutes of Jan. 5, 1965.
Motion carried, 5-0
IV ORAL AND WRITTEN COMMUNICATIONS
•M_
Mrs. Holst, 940 Harney Way, Sunnyvale, was present to
urge Cupertino to do their part in the signalization
at Homestead Road and Mary Avenue. She said she has
thoroughly looked into the situation and has found the
County has funds available to contribute to this.
She has learned that Cupertino is the stumbling block.
Mr. Charles Pond, Member of the Fremont High School
Board, said the road work will go on just as soon as the
weather permits. The traffic signals should be put in
at the time the road Is widened.
- I.-
YLr. Fred Kerr, 831 Cascade Drive, Sunnyvale, said the
money has been in -the Sunnyvale budget for three years
for their port_i_on (2/3) o:I' signal..zation of this inter-
section. He asked when Cupertino Intends to put up the
necessary 1/3 to get the job done. He said these signals
should have been put in when the school opened 2 years ago.
Mr. Jim Nair, Kenniwick Drive, Sunnyvale, asked the City
Manager what Cupertino's position is on this matter.
The City Manager said Cupertino has nothing to do with
it at this time, from Stelling, westerly; it is., at --
present, a County/Sunnyvale street.
Councilman Fitzgerald said he is sure we have no juris-
diction here. We have asked for this Resolution on
Mary Avenue extension from Sunnyvale repeatedly. When
this is received we will be happy to accept dedication
of the street in front of the high school and go ahead with
signalization.
Mayor Finch said we would hope to generate traffic in
this area with the extension of Mary Avenue, thereby
justifying the expenditure.
Councilman Dempster said that, not too long ago, we tried
to call a meeting with the Sunnyvale City Council and
the various school districts, We have tried in many ways
to get this problem resolved. He does not feel this is
Cupertino's problem or that the Council should be sitting
here and saying they are Defusing to help. Councilman
Dempster said he and the other Councilmen will be more
than happy to sit down and talk about signalization of
Mary and Homestead and extension of Mary Avenue.
Mr. Kerr said Cupertino should not hide behind Mary Avenue.
Councilman Fitzgerald said we are not doing this. Stelling
and McClellan needs signals, too, as well as other
critical corners in Cupertino.
The City Attorney said the City has no power over the
Fremont School District, by State law. We cannot make
them dedicate roadways to the City. There also is no
rule of law saying the City must accept roadway dedica-
tions.
Mr. Pond clarified the point that the County is paying for
the 15' in the center, in front of the high school. The
School District is paying for sidewalks, curbs and
gutters.
Mr.,Marty.Maas, of the.Fremont School District, said
they have tried to get this road fixed since the school
was built. This school property was annexed by the City
of Cupertino only up to within 30' of the centerline of
the road. The high school will do anything to get this
road in and the signals in.
Mrs. Harry Bosco, 877 Helena Drive, Sunnyvale, asked what
the City Council would do if a child were killed there
tomorrow.
-2-
Councilman Noel said that he does not believe we are the
real ogres here. We are not getting anything accomplished
with the Sunnyvale City Council. We will be very glad
to meet with them and to iron cut the difficulties. He
told those persons in the audience who were interested in
this case that, if they can get the Sunnyvale City
Council to set the time, the Cupertino City Council will
gladly be there and plan to do their fair share.
Moved by Councilman Dempster, seconded by Councilman Noel,
to authorize the City Manager to contact the Sunnyvale
City Manager and arrange a meeting in regard to Mary
Avenue extension and the signal.ization of Mary/Homestead.
He is also to notify the school districts of this meeting.
Councilman Stokes said that if the City of Cupertino has
no street on this intersection, how can we justify to
the taxpayers the spending of money to signalize it.
Councilman Noel added that, among the Cupertino Council-
men, there are eleven children, so they are very much
interested in protecting students from hazardous traffic
conditions.
AYES: Councilmen Dempster, Fitzgerald, Noel, Stokes, Finch
NOES: None
Motion carried, 5-0
Mr. Carl Marchese, 11601 Johnson Avenue, said he represented
Mr. John Franzella, owner of the vegetable truck on
Stevens Creek Blvd. and Blaney Avenue. He said Mr.
Franzella has paid the Urich Service Station No. 518
$50 rent for the lot where he operates his business. His
present business license runs out February 1st and he has
been refused a new one. He understands that the law is to
avoid traffic hazards, but since Mr. Franzella has
rented this lot, he does not feel he is creating a
hazardous condition here. There is plenty of room for
people to come onto the lot and for the cars to park. If
the Council wishes, he will put his truck farther back on
the lot.
The City Manager said the section in the Ordinance was
prompted by merchants in Cupertino who have invested
thousands of dollars in buildings, parking lots, and road-
way dedications for the privilege of operating within
the City limits. If this kind of operation is permitted,
under a $25 license, why should other businessmen have to
put upexpensive buildings and provide,expensive parking
lots, according to the ordinance.
Moved by Councilman Dempster, seconded by,Councilman
Stokes, to table this matter for two weeks to think about
the problem, since renewal isn't due until February.
Councilman Stokes asked how this operation differs from
Christmas tree lots and fireworks stands. The City
Manager said they are there only a short time, and proceeds
from fireworks go to charity.
-3 --
Councilman Noel asked if there is a sales tax involved
here. He was told that Mr. Franzella only sold fresh
fruits and vegetables.
Motion carried, 5-0
Mr.. Marchese asked the Council if Mr. Franzella is allowed
to sell the perishable stock he has on hared.
Councilman Dempster felt he should be allowed to stay in
business until his l.icetise runs out.
Councilman Stokes asked if it is legal to authorize a use
that is against the Ordinance.
The City Attorney felt it would be reasonable to give the
man the opportunity to sell his perishable goods that he
has on hand.
Mr. Earl Pelt, Pear Tree Lane, said he is "that man"
referred to in the Courier who has been loading and un-
loading his trailer. He said he went to Court some time
ago about this and the Judge ruled that he could take
up to five days to load or unload his trailer. He went
on to quote Shakespeare, the Constitution, and the Bill
of Rights. He closed by saying he felt the law should be
the will of the people, and he did not feel the trailer
ordinance is the will of the people.
WRITTEN COMMUNICATIONS:
Letter from Mrs. Lois Woodruff, Secretary to the Library
Commission, recommending Mrs. Charles Mercer for the
vacancy on the Library Commission.
Moved by Councilman Dempster, seconded by Councilman Stokes,
to appoint Mrs. Charles Mercer to the Library Commission.
AYES: Councilmen Dempster, Fitzgerald, Noel, Stokes, Finch
NOES: None
Motion carried, 5-0
Letter and fee schedule from Mr. Will Blessing for the
additional design renderings requested at the meeting with
the Cupertino citizens regarding the proposed city hall.
Councilman.Dempster understood there would be no extra
charges for these additional renderings. The Minutes
of the meeting tend to bearthis out.
Councilman Stokes felt there was some obligation to Mr.
Blessing since the Council was all ready to sign, when all
this came up. According to the meeting on Jan. 5th, the
citizens were not opposed to spending further money to
achieve their goal.
-4-
Moved by Councilman Stokes, seconded by Councilman Noel,
to authorize the City Manager to check out the fee schedules
to see if they are in accordance with AIA schedules and,
if so, have Mr. Blessing give some indication as to the
number of hours involved.
AYES: Councilmen Fitzgerald, Noel, Stokes, Finch
NOES: Councilman Dempster.
Motion carried, 4-'l
Notice of Northern California Freedom From Hunger meeting
on Jan. 22nd at the Palo Alto YWCA.
Notice of the Volunteer Bureau of North Santa Clara County
and Palo Alto Unit of the Junior League of San Francisco
Conference at the Cabana on March 30 and 31.
Letter from California Mission Trails Assoc., Ltd.
Letter from the Rotary Club, asking that the week of
March 14 through 20 be proclaimed "Wow -Id, -Understanding
Week."
So moved, by Councilman Dempster, seconded by Councilman
Noel.
Motion carried, 5-0
Invitation to the Mayor and his wife to the January 29th
salute to the'Lane family, of Sunset Magazine.
..Fifteen applications for the Parks and Recreation
Commission.
Review of these applications, along with applications for
the vacancy on the Planning Commission, will take place
on February 8tn, 7 P.M., at City Hall.
Communication from Economic Opportunity Commission of
Santa Clara County.
Moved by Councilman Stokes, seconded by Councilman
Fitzgerald, to receive the written communications.
Motion carried, 570
V REPORT OF THE PLANNING COMMISSION (See Minutes of
January 11, 1965)
There was no verbal report.
-5 -
A DON RYAN: Application 19-v-64 for Variance to allow
varying width of the front yard, part of it less than
201, in lot #229 on the west side of Portal Avenue,
north of Merritt Drive. Approved by Planning Commission
Resolution No. 238. Council Resolution 1056.
The City Planner explained that this is an irregularly -
shaped lot. The Planning Commission approved this variance
with the following conditions, recommended by the City
Planner: Average depth of front yard to be 201, and at
no point will the front vard depth be less than 15'.
Councilman Stokes asked if these conditions were agreeable
with the applicant. The City Planner said they were.
Moved by Councilman Stokes, seconded by Councilman Dempster,
that Council Resolution 1056 be adopted.
AYES: Councilmen Dempster, Fitzgerald, Noel, Stokes, Finch
NOES: None
Motion carried, 5-0
B CRUMP TENTATIVE MAP, Baywood Terrace, Unit #5, approved by
the Planning Commission on January 11, 1965.
The City Planner said this is a revision of an already
approved Tentative Map, instigated because the FHA objected
to flag lots. It also involves a minor revision in the
road.
Moved by Councilman Stokes, seconded by Councilman Noel,
to approve the Revised Tentative Map for Baywood Terrace,
Unit #5.
AYES: Councilmen Dempster, Fitzgerald, Noel, Stokes, Finch
NOES: None
Motion carried, 5-0
VI PUBLIC HEARINGS
A P. & R. CAMARDA: Application 20-Z-64 for rezoning from
R-1:B-2 to R-2-H9 2 acres more or less, adjoining the
east side of Vista Drive between Forest and Appletree.
Planning Commission Resolution 237 forwards application
without recommendation.
Councilman Fitzgerald abstained from this Hearing.
Mr. Don Bandley, 21490 Columbus Avenue, presented the
case. He said the plan was to have eight individually -
built duplexes which will also be sold individually. They
will be in a price range compatible with the area.
Mr. Bandley pointed out a portion of Vista Drive would
then be improved, which will benefit the school children
as well as the neighborhood.
-6-
Mr. Bandley said one opposition at the.Planning Commission
level was that this property should have been developed
when the adjacent property was developed. The subdivider
was not too interested in this property at that time.
Some of the neighbors have said they prefer to have single
story duplexes here rather than split-level, single-family
homes.
At the time of the Hearings the second time, the original
opposing parties announced they did not object to these
duplexes.
Mayor Finch asked for comments from the audience. There
were none.
Moved by Councilman Dempster, seconded by Councilman Stokes,
to close the Public Hearing.
AYES: Councilmen Dempster, Noel, Stokes, Finch
NOES: None
ABSTAINED: Councilman Fitzgerald
Motion carried, 4-0
Councilman Dempster asked how many units were involved here.
Mr. Bandley said there were 8 duplexes -- 16 units.
Councilman Stokes asked if it was the plan to fully develop
the streets and then sell the lots. Mr. Bandley said all
the street work would be done at one time. The duplexes
will be built individually or together, whichever the
buyers prefer. They are designed so the owner of each
duplex will live in one unit and rent out the other. The
total street improvements will be put in to the cof-mer
radius.
Moved by Councilman Stokes, seconded by Councilman Dempster,
to approve 'application 20-Z-64, subject to the municipal
improvements be put in to the corner radius.
AYES: Councilmen Dempster, Noel, Stokes, Finch
NOES: None
ABSTAINED: Councilman Fitzgerald
Motion carried, 4-0
VII ORDINANCES AND RESOLUTIONS FOR ADOPTION.
A RESOLUTION NO. 1052: Notice of,. Bond ,Sale.;
Resolution 1052 was read by the City Attorney.
Councilman Fitzgerald asked if the Bank of America is the
only bank interested in this sort of thing. The City
Attorney said the Bank of America is equipped to handle
the bond saleand nobody else has ever come in and offered
to do it with a lower fee.
-7-
The City Manager said a couple of other banks have offered,
but so far, the Bank of America gives the best service.
Councilman Dempster said that if this is included in the
Resolution, then rather than havethe Resolution rewritten,
go ahead and have the Bank of America.
Councilman Stokes said that he was sure the City Manager did
not mean by his remarks that Wells -Fargo and Crocker
Citizens Banks are incompetent. The City Manager said that
Wells -Fargo, Crocker Citizens' and Bank of America are all
reputable firms and that it is better, from the bond
purchaser's point of view, to have the bond sales handled
by a bank for prompt service.
Moved by Councilman Dempster, seconded by Councilman
Stokes, to adopt Resolution No. 1052.
AYES: Councilmen Dempster, Fitzgerald, Noel, Stokes, Finch
NOES: None
Motion carried, 5-0
The City Attorney passed Resolution 1052 to the Deputy
City Clerk.
Mayor Finch read a Resolution of Gratitude to Mr. James
Nudelman for his years of service on the Water Commission.
Moved by Councilman Dempster, seconded by Councilman Noel,
to adopt said Resolution.
AYES: Councilmen Dempster, Fitzgerald, Noel, Stokes, Finch
NOES: None
Motion carried, 5-0
Mayor Finch presented the Resolution to Mr. Nudelman.
B RESOLUTION NO. 1055: Giving Notice of Proposed Annexation
of Certain Uninhabited Territory to Said City Describing
Said Territory and Designating It By The Name of
"Mercedes 64-5 Revised" and Giving Notice of Time and Place
Said Council will Hear Protests Thereto.
Moved by Councilman Stokes, seconded by Councilman
Dempster, to adopt Resolution 1055.
AYES: Councilmen Dempster, Fitzgerald'! ;Nobrl,- Stokes- -..Finch
NOES: None
Motion carried, 5-0
Mayor Finch called for a five-minute break. "W
Mayor Finch read the Resolution of'Gratit.ude for Dr. Scott
Thomson, former Chairman of the Planning Commission.
Moved by Councilman Dempster, seconded by Councilman Noel,
to adopt said Resolution.
AYES: Councilmen Dempster, Fitzgerald, Noel, Stokes, Finch
NOES: None
Motion carried, 5-0
VIII PAYING BILLS
A Resolutions No. 1053 and 1054
Resolution 1053 was read by Treasurer Fitzgerald.
Moved by Councilman Dempster, seconded by Councilman Noel,
to adopt Resolution 1053.
AYES: Councilmen Dempster, Fitzgerald, Noel, Stokes, Finch
NOES i None
Motion carried, 5-0
Resolution 1054 was read by Treasurer Fitzgerald.
Moved by Councilman Dempster, seconded by Councilman Stokes,
to adopt Resolution 1054,
AYES: Councilmen Dempster, Fitzgerald, Noel, Stokes, Finch
NOES- None
Motion carried, 5-0
IX REPORT OF OFFICERS
A REPORT OF CITY TREASURER.
He had nothing further to report.
B REPORT OF CITY MANAGER.
A letter from the Deputy Superintendent of the Fremont High
School District, asking for a letter from the City in
which we are to state that the proposed high school that
is to be built on the Denton property on McClellan Road
will not interfere with any Cupertino Zoning ordinances.
Moved by Councilman Dempster, seconded by Councilman Noel,
to instruct the City Manager to handle this situation.
Motion carried, 5-0
Street Improvements: DeAnza College. This matter will
be held in abeyance...
Swanson Fprd Agency has requested his bond be relieved.
He was notif ied.that it would not be relieved until the
improvements are completed. The City Manager recommended
to the Council ghat these requirements should be adhered
to by Mr. Swanson at this time.
MINUTE ORDER:
Moved by Councilman Dempster, seconded by Councilman Stokes,
that the City Manager write another letter to Mr. Swanson
indicating he must complete the improvements in front of
his business, as outlined in the motion for the approval
of his application in 1960, or his bondsman will be called
on to do it.
Motion carried, 5-0
CPS INSURANCE AGENT: The agent,assigned in April, 1962,
the responsibility of assisting the City in any problems
relating to this coverage has never come to the office to
discuss any matter so it is the feeling of the City
Manager that having one agent handle all of the City's
insurance (Fisher Insurance Company) would give us better
overall service.
So moved, by Councilman Noel, seconded by Councilman Dempster.
Councilman Stokes asked how Mr. Fisher was selected in the
first place. The City Manager passed this question on to
the City Attorney, since this agent was decided upon before
he became City Manager for Cupertino. The City Attorney
said that several were reviewed by the Council that was
in office at that time and a selection was made. That
first choice did not work out too well. Fisher rendered
the service and got the policy then.
Motion carried, 5-0
The City Manager recommended we take the line that has
been annexed by Palo Alto and use it as our westerly line.
We have a verbal agreement with Los Altos Hills in this
regard.
Moved by Councilman Dempster, seconded by Councilman
Fitzgerald to have the City Manager contact the City of
Palo Alto and ask for their cooperation in establishing
the westerly boundary line for the City of Cupertino.
Motion carried, 5-0
C REPORT OF CITY ENGINEER
TRACT NO. 3442, OAKDELL RANCH, east side of Stevens Creek
at Phar Lap Drive.
The City Engineer recommended the Council accept the im-
provements constructed in conjunction with Tract No. 3442,
Oakdell Ranch (Unit 1).
So moved, by Councilman Noel, seconded by Councilman
Dempster.
Motion carried, 5-0
-1.0-
DOPj RYAN - NORTH BLANEY, east side of Blaney Avenue between
Pear Tree Lane and Merritt Drive.
The City Engineer recommended the Council adopt Resolution
No. 1057 accepting roadway dedication from Donald E. Ryan,
Jr., et.ux.
So moved, by Councilman Dempster, seconded by Councilman
Noel.
AYES: Councilmen Dempster, Fitzgerald, Noel, Stokes, Finch
NOES: None
Motion carried, 5-0
TRACT 3354, CANDY ROCK MOUNTAIN, Regnart Road and Lindy Ln.
The City Engineer recommended the Council adopt Resolution
No. 1050 accepting "QUitclaim Deed and Authorization" for
underground water rights, Tract No. 3354, Candy Rock
Mountain.
So moved, by Councilman Noel, seconded by Councilman
Fitzgerald,
AYES: Councilmen Dempster, Fitzgerald, Noel, Stokes, Finch
NOES: None
Motion carried, 5-0
CALIFORNIA STATE HIGHWAY BUDGET.
The City Engineer recommended the Council adopt "Resolution
No. 1058 - Adopting and Submitting a Budget for Expendi-
tures of State Allocated (Engineering) Funds."
So moved, by Councilman Dempster, seconded by Councilman
Fitzgerald.
AYES: Councilmen Dempster, Fitzgerald, Noel, Stokes, Finch
NOES: None
Motion carried, 5-0
SELECT SYSTEM
The City Engineer recommended the Council adopt "Resolu-
tion No. 1051 - Adopting a Select System of City Streets"
which also authorizes submittal of Select System to the
Highway Commission.
So moved, by Councilman Dempster, seconded by Councilman
Fitzgerald.
AYES: Councilmen Dempster, Fitzgerald, Noel, Stokes, Finch
NOES: None
Motion carried, 5-0
see
SIMLA LANDS, Li'D., south side of Homestead Road at Fallen
Leaf Lane.
The City Engineer recommended the Council adopt
Resolutions 1025 and 1026.
Moved by Councilman Dempster, seconded by Councilman
Fitzgerald to adopt Resolution No. 1025.
AYES: Councilmen Dempster, Fitzgerald, Noel, Stokes, Finch
NOES: None
MOTION carried, 5-0
Moved by Councilman Dempster, seconded by Councilman Stokes,
to adopt Resolution 1026.
AYES: Councilmen Dempster, Fitzgerald; Noel, Stokes, Finch
NOES: None
Motion carried, 5-0
D REPORT OF CITY ATTORNEY
Section 5 of the H-Control Ordinance is being reviewed and
the City Attorney will provide a summary to the City
Council. Resolution 1059 refers this Ordinance to the
Planning Commission for their appraisal and recommendations.
Moved by Councilman Dempster, seconded by Councilman
Fitzgerald, to adopt Resolution 1059, referring this
Ordinance to the Planning Commission for Hearings and a
report back to the City Council. As it now stands,
ordinance -wise, all applications will be reviewed by the
City Council.
AYES: Councilmen Dempster, Fitzgerald, Noel, Stokes, Finch
CD
NOES: None
Motion carried, 5-0
E REPORT OF BUILDING INSPECTOR
The Chief Building Inspector said there was feeling among
the H-Control committee that the Chairman of that committee,
rather than the Building Inspector, should report to the
Council on their decisions and would like to be placed on
the agenda.
Moved by Councilman Stokes, seconded by Councilman Noel,
to put the Chairman of the H-Control on the City Council
agenda along with the Planning Commission Chairman.
Motion carried, 5-0
-12-
Application 168-HC--65 is for the Coin -Op Laundry in the
Boulevard Shor---iing Center. This application was approved
by the H-Ceritrol, pe:,- t.1e plans subril;t.cd ar.d the sign is
to be placed on the--t,,quee a an an_,-' u as sY:o�a.L on the
plans.
Application w---, from Carl.. C. Cada, requesting
approval to construct a d-anle<_ on loot 6, Deep Cliffe
Estates, Tract 3055. Th:i..s application was approved, per
the plan submitted and subject to the H-Control standard
check list and plans are to be approved before
final inspection is liven.
Moved by Councilman Stokes, seconded by Councilman Dempster,
to approve applications 168•-HC-65 and 169-HC-65.
AYES: Councilmen Dempster, Fitzgerald, Noel, Stokes, Finch
NOES: None
Motion carried, 5-0
F REPORT OF RECREATION DIRECTOR
January 28th, at g A.M. , the Board of Supervisors of Santa
Clara County and representatives of the Stevens Creek
Park Chair Committee will meet. They would like a
Cupertino Councilman to come to this tour and to subse-
quent meetingo. Coun,7!il;nan Noel volunteered.
The Recreation Director has drafted a letter to be sent to
the Board of St.rervisors regarding the Stevens Creek Park
Chain concept as a Regional facil'.ty, urg_.ng the Board
accept full responsibility for land Acquisition.
G REPORT OF CITY LA 1Nr,R
He had nothing to report at this time.
X UNFINISHED BUSINESS
A Appointment of a Councilman to the Economic OpT.ortunity
Commission of Santa Clara County, Inc. Councilman
Fitzgerald volunteered.
XI NEW BUSINESS
A Moved by Councilman Dempster, seconded by Councilman Stokes,
to have a letter sent by the City Manager to the Historical
Landmarks Committee, thanking them for their efforts.
B Councilman Fitzgerald proposed a joint meeting with the
.Planning Commission and H-Control Committee whereby they
should sit down and 'talk about generalities and discuss
what is expected'from them. Perhaps the Water Commission
should also b; i.nc l ,ded .
J
Councilman Dempster felt that if there was a problem that
should be discussed, it should be arranged by the Mayor and
the Chairman of that Commission. He did not feel a meeting
was necessary unless it was for specific reasons.
Councilman Noel noted that the Planning Commission is on
the City Council agenda each time and now the H-Control
Chairman will also be on the agenda. Perhaps that would
do the job.
Councilman Fitzgerald said evidently an H-Control member
feels there is a lack of communication and a lack of direc-
tion, as shown by his recent memo to the Council. Council-
man Fitzgerald had to agree that the communications between
our governing bodies is very poor.
The Mayor felt the City Attorney should go to the H-Control
meetings and explain the Ordinances.
Councilman Stokes is willing to have a joint meeting to
get any problems ironed out.
Councilman empster felt the 3 ''chiefs" should get together
and set up an agenda of matters to be discussed at a joint
meeting in order to make best use of the time. He also
felt all members of the City Staff should be present.
Moved by Councilman Stokes, seconded by Councilman Noel,
to have the City Manager check with the Planning Commission
and the H-Control Committee to see if they desire a joint
meeting with the City Council for the purpose of resolving
any problems and if they feel members of the City staff
should be present at this meeting.
Motion amended by Councilman Dempster, seconded by Council-
man Stokes, that previous to this joint meeting, the chair-
man of each commission and the Mayor get together to decide
on the agenda.
VOTE ON THE AMENDMENT:
AYES: Councilmen Dempster, Fitzgerald, Noel
NOES: Councilmen Stokes, Finch
Motion carried, 3-2
VOTE ON THE MOTION:
AYES: Councilmen Dempster, Fitzgerald, Noel, Stokes, Finch
NOES: None
Motion carried, 5-0
Moved by Councilman Stokes, seconded by Councilman Dempster,
that the City Manager inform Mr. Yamaoka his property near
the overpass on Blaney must be cleaned up in 30 days.
Motion carried, 5-0
There will be a review of park sites at next meeting.
XII ADJOURNMENT. Meeting adjourned at 10:45 P.M.
APPROVED:
ATTEST: /s/ Paul H. Finch
{; Mayor
Deputy City Clerk -14-
~¡TY O~ CUPERTINO
caur='"
JØ321 So. Sarato&-a.-SlWlyvale F.oa1
t' _ u..... cal~., 1.;014
¡a:' 252-"505
'\1~.. '!III umUJI NG"~ ..'mIt C1'ft' COUIfCIL - þ-"7 18. 1965
....~. ~'f< Baa'II hca. Clir4Mo6 uao a - 01 Ð1atric~ orne.
~<J:
~'.
~;
''!''''L'¡,
.'
-
8:00 '.JI.
....~_ coate.
,. 7=30 P....
t SAt1!D ~ DB JI'UØ
D ROUo C~
Coœ:.:l:æ:1 pre..DC: ~ _ tar. Fitzgerald, JIoel, Stokes.
71œJa
COUDI:~::.en absen~: -=-
Star~ ,... nent :
:1~ Jliuager, Phll Storm
ë:1~ J.~~OrDeY, Sam Anderson
::1~ ~1neer, Ants LaM
:i':'¡- ~ Tratnc Phcr.er, Adde Laurin
~~7 City Clerk, Florence Re::1
:h:.er :9~g IJu ;:ector, Bill Benev1cl".
P~crea~lon Director, John Part-.a::.
P~=~~ Secretary, Lois Ir~~s
::I Mn....-:~:? THE PïŒV:'J-'> I"..:.::...~GS - Jan. 4 a: 5, 1965
Mo-:e:: =;: :ouncil= :ã:oel. seconded by Councilmr.
P1t::g.=-~:d to appr~ ";!:Ie Jf..1nutes ot Jan. 4, 1965.
!!C:";i= .:arried, 5-0
Move:! :;: :ouncll:ll8n Sxl, seconded 1:.. Councilman
P1t:~~:d, to approve ";l ,e X1nutes of Jan. 5, 1965.
~i~ ea--ried, 5-0
IV ORAL.:...'C jiRITTEN COMrC5::A:':ONS
ORA:':
Mrs. :;::St, 940 Bar.:e7 Va7. Sunnyvale, was present to
urge :-';pertino to do U»1r pert in the signal1zat10n
at Eoœstead Road aD1 JII%T Avenue. She sald aM bas
thorc:-~l:r looked 1œo ~ situation and has round the
Coun:y 28 funds ava11ab1e to contribute to this.
She hu learned tba~ Cuper1;1no is the stumbling blr..ck.
Mr. C!2:1es Pond. T" ~r ~ tbe Premont High Scbool
Boa~. said the road wr:rk 1d.1l go 0:1 Just as soon as the
weat!>.!' permits. 'nIe Uat'rlc signals should be put 111
at t~ time the road U w1deœd.
-1-
.
....
Mr. Fred Kerr. 831 Casca':e Drive, S~ale, caid the
money has been 1õ1 the SU!'.nyva]" budget t"or three years
~o!' their portion (213) ot signalization - ot' this inter-
section. Ee asked when Cupertino intends to put up the
necessary 1/3 to get t.he job done. Be said these signals
should have been put in when the IIchoo1 opened 2 years ago.
ffi'
~
1;... -. ..
~:
i:':'
~(
-<
<"l
~r,:'
.
Mr. Jill Hair. r-t-uk Drive. SulmJv&1e. alllœd the Clt7
llaœger wbat ~t.1Do·1I position 111 on thill _t~.er.
:-a~i~t:-~'= ~:-a~: :::~tto1a~Oa:1t;b
present. a C'-"'.I'~le street.
C01IIICilmn P1t....14 sa14 be 111 _ we bave no jur1ll-
diction here. We lave asked tor thill Rel101ution on
Mar7 Averme exteDaton f'r0lll SulmTfale repeatedq. When
tb1s is received we wi11 be happy to accept dedication
ot the street in troct ot the higb school and go ahead with
signalization.
Ma;ror Finch said we would hope to generate trat1"1c in
this area with the extension ot Mary Avenue, thereby
justltying the expeDUture.
Councilman Dempster said that, not too long ago, we tried
to call a meetir.g with the Sunnyvale City Council and
the various school districts. We have tried in man;r ways
to get this proble:a resolved. He does not feel this is
Cupertino 's problem or that the Couno11 should be sitting
here and saying they are i'et"using to help. Counc11man
Dempater said he and the other Councl1men will be more
than happy to sit down and talk about signalization of
Mary and Homestead and extension ot" Mary Avenue.
Mr. Kerr said Cupertino should not hide behind JoIary Avenue.
Counc11man P1tzgerald said we are not doing this. Stelling
and McClellan needs signals, 1;00, as well as other
critical corners in Cupertino.
The Cit;r Attorne;r said the City has no power over the
Fremont Scheol Diatrict, by State law. We cannot make
them dedicate roa.:!ways to the City. There also is no
rule ot" law saying the City MUSt accept roadway dedica-
tions.
Mr. Pond clarif'1e~ the point that the County is paying t"or
the 15 I In the center, in t"ront ot" the high school. The
School D1Btrict is paying t"or sidewalks, curbs and
gutters.
Mr. Marty Mass, ot the Fremont School District, said
they have tried to get this road t"ixed since the school
was bu11t. TI118 school property was annexed by the City
ot" Cupertino 01117 up to within 30' ot" the centerline ot"
the road. The high school will do anything to get this
road in and the signals in.
Mrs. Harry Bosco. ~ Helena Drive, Sunnyvale, asked what
t>,e èity Council would do it a ch11d were killed there
toltOrrow.
-2-
Councllman Joel said that he does not be11eve we are the
real ogres here. We are not getting anything accom:>l1shed
with the Surm:rva1e Clty Council. We wil1 be very glad
to meet with the: and to 1ron cut the ditriculties. He
told those persona 1n the aud1ence who were 1nterested in
th1s case tll&t. U they ca:1 get the S~ale CIty
Council to set tbe time. the CUpertino Cit)' Council wIll
gladl)' be tben lUll! plan to do the1r fair share.
MoYed ~ ~ DellpBter. aecœded ~ Councilman Noel.
to aut~ tile CU)' IIaDaþr to contact the ~...le
Clt)' JIIo""P"" ..UII1 IIft'8DP a -tillS 111 reprd to liar)'
AYeDUe ~ ad tbe Ìl1pa11atloo at llar)'lBœestead.
Be 18 .180 to 1IØtU')' the school 418trlots ot th1a _t~.
C0UDC1~ Stc*Iea Aid that it tile Clt)' ot Cup! rt1no has
no street OD ~ 1Dtersection, how can we Ju:stity to
the taxpQoera tbe spending ot _y to signalize it.
Councllan 1Ioe1 added that, among the Cupert1no Council-
men, there are e1even children, so they are very IllUCh
interested 111 protecting students trot:! hazardous trattic
cOndit10D8.
AYES:
NO&s:
COUIICi1me~ Dempster, Fitzgerald, Noel, Stokes, Flnch
None
Motion carried, 5-0
Mr. Carl Marchese. 11601 Johnson Aven'.õe, said he rep..esent~
Mr. John Pranzell~. owner ot" the vegetable truck on
Stevens Creek Blv~. and Blaney Avenue. He said Mr.
Franzella has pai:! the Urich Service Station No. 518
$50 rent tor the lot where he operates hls business. His
present bus1ness license runs out February lst and he has
been retuaed a r.ew or.e. He understands that the law is to
avoid trattic hazards, but s1nce Mr. P:-a.!'.zella has
rented this lot. he does not t"eel he is creating a
hazardous condition here. There is plenty of: room t"or
people to oo:ae octo the lot and t"or the cars to park. If
the Council wishes, he will pui; his truck t"arther back on
the lot.
TI'.e City Manager said the section in the Ordinance was
pro:n¡:ted by œrchants in Cupert1no who have invested
thousands ot dollars 1n buildings, par:<ing lots, and road-
way dedicatlO1U1 tor the prlv11ege ot" operating within
the Cit)' l1Jd.ts. It th1s kind ot" operation is permitted,
under a $25 11cerae, why should other bus1nessClen have to
put up expenaive bu1.1dings and provide expensive parking
lots, acoordtng to the ordinance.
Moved by C01mciban Dempster, seconded by Councilman
Stokes, to taòle this matter tor two weeks to think about
the problem. since renewal isn't due unti~ F€bru~ry.
0"
Co~~cilman Stokes asked hGW this operation differs t"rom
Ct.ristmas tree 101:s and fireworks stands. The City
Manager said they are there only a short tilœ, and proceeds
f!'0III t1reworks go to charity.
-)-
Councli""n Noel aslœ<1 it thPre is 3 sales tax in\'olved
here. He was told that Mr. Pr£nzella onlj sold fresh
fruits am vegetables.
~~t1on ca~!cd_ 5-0
Mr. I!.!.rchese asked the CO'.mcll 11" :T. Franzella is allowed
to sell the per1ahable stock r.e has on banJ.
Couacilnn Dellpater 1'elt he shO'..ùd be allowed to stay in
bua1neBIJ UD1;11 h1a :UCense runs out.
COIIIIC1lED stoIœa IUIJœd it it is legal to autbariZfl a use
tbat 18 a.~ the Ord1Dance.
'!'be C1t7 Attv.....7 1'e1t it would be reasoaable to Sive the
ED the op..... &.....1.t7 ~ sell h18 perishab1e goods that he
bas on band.
Mr. Earl Pelt, Pear 'b-ee Lane, sald he is "that man"
reterred to 1n the Courier who has been loading and un-
loading h1s trailer. He said he went to Court some time
ago about this and the Judge ruled that he could take
up to tive days to load or unload his trailer. He went
on to ql:ote Shakespeare, the Constitutlon, and the Bill
of Rights. He close:i by saying he felt the law should be
the will or the people, and he did not teel the tral1er
ordi!'.a::.ce is the wil:' ot" the people.
WRrr7E..'\ COMMmI1:C:"T:C1t.S:
Letter ~o:n Mrs. :":':'s :ioodrutf. Secretary '00 the Library
COllll1ission, rec,:=~=-'::'1ng &s. Charles !".e!'cer t"or the
\.acan.::y on the !.1èr,,=-.r Con:m1ssion.
Moved by Counci~::. ~eœpster, seconded by :cuncl1man Stokes,
to appoint Mrs. Char lEI' !~ercer to the !.1t!'ary COI1l!"..1..zsion.
AYES:
NOES:
Councilmer. ::ec:pster, Fitzgerald, :;~l, SI;okes, Finch
~one
Motion carried, 5-0
Letter and tee sche:1ule t"rom Mr. Will Blessing t"orthe
additional design rend-::rings requested at tr.e meeting with
the Cupertino citize~ regarding the proposed city hall.
Councilman Dempster understoc-1 there would be no extra
charges t"01' these ~itional renderings. The Minutes
ot" the meeting tend to bear this out.
Councilman Stokes relt there was some obligation to Mr.
Blessing s1nce the Council wazs all ready to sign, when all
this came up. Accardll¡g to the meeting on Jan. 5th, the
citizens were net opposed to spending t"urther mcney to
achieve their goal.
~4-
Moved by Coun.:11œn StOkell, lIeconded by Counclllll!ln Noel,
to authorize the City Manager to check out the tee Bcheclulel
to see it tbe7 are 1n accordance with AlA schedules and,
it so, bave ,.~~. Bless1ng give some 1ndication as tc. the
J1WIber or hcniTs 1nTolved.
AYES: CounclJ.en fitzgerald, Noel, Stokes, Pinch
NOES: CouncUan De1I:peter.
Motlon carried, 4-1
1Iot1ce cI( JIortIIerD Ca1U'oraJa 1Iree4_ J1ooa,.. .." -~1DS
CD .-.."I#iit á~ tile· Palo Al~o DCA.
.. . - .
IIotJee ot- U. .(',....,.11' BllNau of JICI'th - ClU'a COUDt~
&JIll !a1o.1Bo 1Id~ 'Or tile .Taa1cr T_as- of Sea ....1aco
C~ a~ tile Caba_ on llarch 30 &JIll 31.
Letter fro. Ca1UarD1a lU8aion'l'ralla Auoc., Ltd.
Letter fro. tile Rotar)' Club, aak1ng ~hat the _k ot
March 1" ~hrough 20 be procJa1med "_]d, Ullderatalld1Jl&
Week:. R
So 1IICYed, by CouncUJIBD Dempater, seconded by CounciJ..an
Noel.
JoIotion carried, 5-0
Invitation to the Mayor and hls wit"e ~o the January 29th
salute to the Lane tam1ly, ot Sunset Magazine.
PUteen appllcatior.s for the Par"s and Recreation
Co::nission.
Review ot these applications, along with applications .or
the vacancy on the Plannlng Co:m::ission, will take place
on Pebruary 8th, 7 P.M., at City ;:all.
Co=unicatlon from Economic Opportunity COlllÚssion ot
Santa Clara County.
M07ed by Councilman Stokes, seconded by Councilman
Pitzgerald, to receive the written communications.
Motion carried, 5-0
V REPORT OF THE PI.\HNING COMMISSION (See Minutes ot"
January 11, 1965)
There vas no verbal report.
-5-
.
.
.
A Des ~ïAN: Ap~1i~atlon 19-V-64 tor Variance to allo~
varying width ..0: tt·.e !'rC!'t ¡;ard, part or it less than
20', in lot #229 on the .e~t side ~f Portal Avenue,
ncrth ot Merritt Drive. Approved by Plar.ning Commisslon
lleaolution No. :?38. Council Resolut1on 1056.
Tba City Planner exp1:11ned that th1s 1a an trregularly-
abapeeS 101;. 'rile Pl.....1..g Comaa1s8ion approftd this variance
With tile 1'o11ørS.llg ccmdUlona. rec~nded b7 the City
p,.-.., øer.p depth 01' troot ~rd to be 20 I. and at
110 po1JIt w111 ~he ft'oDt yard depth be less than 15 I .
C_lbaD ~. ulœ4 it' these condltlO1111 wert) agreeable
With tbe appu...fII:. 'lbe City P1aDner said they were.
*'-14 b7 C_llan Stokes, seconded 1'"" C....1flCUI:!IIr!:. Dempster,
tbat C_ll Resolution 1056 be adoÐt.ed.
AYES:
NOES:
Counc1l1Deß Dempster, Fitzgerald, Noel, Stokes, Finch
None
Motion carried, 5-0
B CR:~? TEln'.4TIVZ MAP, Baywood Terrace, Unit +5, approved by
the ;r:annir.g Cc=ission on :anuary 11, 1965.
The :lty Plar.r.e!' said this is a "evision of an already
a;;;!'cved Tentative Map, ir~t1gated because the FHA objected
to ~:ag lots. :t also inv"lves a minor reviaion in the
:-c.a.: .
Mo·:ei by Council:nan Stokes, seconded ty Councilman Noel,
to a,prove the rtevised T€~tative Map for Bar~ood Terrace,
'Jr.i~ '"5.
Al~:
SCE..> :
Council~n Dempster, Pitzgerald, Noel, Stokes, Finch
None
~otion carried, 5-0
VI PUE:!C' HEARINGS
A P. ~ R. CM~A: Application 20-z-64 for rezoning from
R-l :B-2 to R-2-n; 2 acres more or less, adjoining the
east side ot" Viata Drive between ?orest and Appletree.
ë¡~~_~!n~ Comm1ssi~n Resolution 237 forwards application
wit~out recommendation.
Co~cilman Fitzgerald abstained from this Hearing.
!'.r. :Jon Band ley , 21490 Columbus Avenue, presented the
case. He sald the plan was to have eight individually-
built duplexes whlch will also be sold individually. They
wll1 be in a price range compatible with the area.
!'.r. Bandley pointed out a portion ot" Vista Drive would
the~ be improved, which will tenefit the school children
as wen <1S tœ r.eighbcrhood.
-6-
-......
Mr. Bludley sa14 ODe opposition at the Plaming COlllllission
level was tlat tb1.a property should have been developed
wœn the adjacent proper~y was developed. The subcUvider
was not too interested in th1a pro;>ertJ' at that time.
Some ot the ae1ghbars have said they preter to have single
story duplexea here rather than split-level. lIingle-taa117
m.ell.
,
At tbe u.e ~ot;tIIe JJear1JIp t~ ~colld .__. tlhe œo1a1rla1
..H ~_ ~,AL "1J44 the7 414 not¡ ob~ot to the..
"'p~. - :," '_.0
~.~
~ J'tacb·~ ~œ o_tll trOll the a1llÜence. Tbere
1IIIre 1IGII8.
IIoYed. _ ~t 1_ft Deçeter. lIecollded 117 Counc1lman Ston..
to oloM tbe fubUc Bearbls.
AYES: Councl1Mn Dellpllter, Noel, Stokes. FblCh
HOES: NODe
ABSTAIJIBD: Coanci1ll8n Pitzgera ld
Motion carried, 4-0
Counc11man Dempster asked how many units were involved here.
Mr. Bandley said there were 8 duplexeB -- 16 units.
Councilman Stokes asked it it was tile plan to fully develop
the IItr.eets and then Bell the lots. Mr. Bandley said all
the street work would be done at one tiœ. The d'lpJ.'!xes
w111 be built individually or together, whichever the
buyers preter. They are designed so the o"ner of each
duplex will Uve in one unlt and rent out the other. The
total street improvements will be put in to the c¡maer
radiUII.
Moved by Councll:œn Stokes, seconded by C01.1ncilman Dea:pster,
to approve appl1catlon 20-Z-64, subject to the municipal
improvements b'! put 1n to the corner radiUII.
AYES: Councilmen Dempater, Noel, Stokes, Pinch
NOES: None
ABSTAINED: Councilman Pitzgerald
Motion carried, 4-0
VII CJlDINAHCES.um RESOLUTIONS FOR ADOPTION
A RESOLUTION NO. 1052: Hotlt'e ot Bond Sale.
Resolution 1052 was read by the Citý Attorney.
Councllman Fitzgerald asked 11" the Bank ot Amerlca 1s the
only bank 1n~re.ted in this sort ot th1ng. Tit: Clty
Attorney saM the Bank (It Amer1ca is equipped to handle
the bond salaand nobody else has ever COllIe In and ottered
to do It with a lower tee.
-7-
The City Manager sa1d a couple of other bankll hay:: o!'!'ered,
but so 1"ar, the Bank ot Amer1ca gives the best ser·/ice.
Councilman DelÇ8ter said that lf this is included in the
Resolution, then rather than havethe Resolutlon rewritten,
go ahead and have the Bank ot Amer1ca.
Councilman Stoke. said that ,II! was sure tbe City Manager d1d
not mean by b1a relBl'laI that Vella-Pargo and Crocker
_ ,_ . Cl1:1zena 1IInIaÎ~,·1ftcompetent. TIle Cft7 Manager said that
.. " Ve1la~.,,~.C1t1RIIII' and _'or Aaer1ca are aU
replltable t~ áIII1 tbat 1t 18 bettn. troia tbe bond
purchaser'. po1Dt ot Y1ew, to have tllll bond sales handled
117 a bank t'Gr~~t. seJ"'lice. .
Moved b;y C_:l.~ DMlpater, seconded by Councilman
Stokes, to adopt'l!eso1utlon No. 1052.
AYES: Councillllen Dempster, P1tzgerald, Noel, Stokes, Pinch
NOES: None
Motio~ carried, 5-0
The City Attorney passed Resolution 1052 to the Deputy
City Clerk.
Mayor P1nch read a Resolution of Gratitude to Mr. James
Nudelman for his years of service on the W&ter Commission.
Moved by Councilman Dempster, geconded by Councilman Noel,
to adopt said Resolution.
AYES: Councilmen Dempster, Pitzgerald, Noel, Stokes, Pinch
NOES: NO:le
Motion carried, 5-0
Mayor Pinch presented ';he Resolution to Mr. Nudelman.
B RESOLUTION NO. l055: Givin¡; !lotice 01" Proposed Annexation
of Certain Un1nhabited territory to Said Clty Describing
Said Territory and Des1Í!;nat1ng It By The Name of'
"Mercedes 64-5 Revis~d n and Giving Notice of Time and Place
Said Counc11 "nl Hear Protests Thereto.
Moved by Councilman StOKe.S, seconded by Councilman
Dempster, to adopt Resolution IOS5.
AYES: Councilmen Dempster, PitZIJeråJd; ,NOè<1,' Stokaa.;·Pinch
NOES: None
Motion carried, 5-0
Mayor P1nch called tor a nore-m1nute break,
Mayor P1nch read the Resolutiol1 01" Gratitude 1"01' Dr. Scott
Thomson, tormer Cha1rlll&n 01" the Plannlng Coan1ssion.
-8-
Moved b1 eo.r.c1.lEn Dempster, seconded by Councllman Noel,
to ai!opt ..u Resolution.
AYES: CoaIIc'1I'h_.. Dempste~', Fitzgerald. Noel, Stokes, Pinch
NOES: IfoI>e
Motion carried. 5-0
vm PAYIHG BT1';"~
.w -\:l
.- "
A Reaolut1Gaa JIø. 1053 and 1054
. Reso1'd,(äi::~~'" read b7 '1'reasurer ~U~_. ...ld.
..',;" .o:~~;~"!:.'_~>_: ': -~_. . -
'JIoye4-1It ~~:t::'Dempster, seccnded bT ComIC11an Noel,
to a40Pt _';;;" ,__ 1053.
.'" .;;',.J '.,.... .
.
AYBS: c--'" :Dempster, Fitzgerald. .081. StoJces, Pinch
MOBS: Moae
,- . "'c·
Motion carried, 5-0
Resolutioa ~ _s reed by Treasurer P1tzgerald.
Moved by c~~n I:empster, seconded by Councilman Stokes,
to adopt Resobd;ion 1054.
AYES: ~ouce~'-- Dempster, Fitzgerald, !bel, Stolces, Finch
NOES: None
Motion carried, 5-0
IX REPORT OF C??z=E?.s
A REPORT OF IZn TR&ASURER.
He had no+;h1:Jg fUrther to report.
B REPORT OF C:crY ~.5;'GER
A letter f'ro2t ~be Deputy Super1ntendent cf the Fremont High
School Distr1=~. asking for a letter t!':>:; the City in
which we aI'" to state that the proposed h1gh school that
is to be bu1.1;: :>n the Denton property on McClellan Road
will not 1n~ere with any Cupertino Zor.ir~ ordinances.
Moved by Counc1l~ Dempster, seconded by Councilman Noel,
to instruct the ~ M¡t.nager to handle this situatlon.
:., ;,(,.. \'" .
, ' .
Motion-carried,5-0
Street IlIII1Í'ora ..toe: DeAnza College. This matter w11l
be he ld 1n abe7aø:e.
Swanson Fprd ...~ has requeBt~1 h1s bond be relieved.
He was not1r1ed tbat it would not be relieved until the
improvements /U'e cOII¡)leted. 'Ihe City Manager recollllleooed
to the CouncU t_t these requirements should be adhered
to by Mr. S-- at this time.
-9-
~~--
,
1': ~.
"
...
,,~ ORDER:
M~'IÑ by Counci1llan Dempster, secpnded by Councilman Stokes,
t.!:at the City Manager write snother letter to Mr. Swanson
1.:ñicating he a:uat COIIIPlete the improvements in tront of
his bwl1œss, aa outlined in the r:otlon tor the approval
or h1a appl1cat1aD jJ1 1960, or his bondaman Ifn1 be called
011 to do it.
IIotion carried, 5-0
1:;'. :
crs DISURAIIÇ;B ~·:~h,,'fbe asent,ass~ 1A Apr1l. 1962,
tile reapoœ1'b1íl'tj or asa18t1ng the C1t)' jJ1 &IIIJ' pr'Ob1e1lll
re1at;1ng to t;b1å. ..04..tn.&8 bas never O~ to tile ot't'ioe to
d1scWla ~ _~ eo 1t 18 the teel1Ds ot' tbe C1ty
Ruapr that baYJDs ODe agent handle aU ot' the C1ty's
1::InraDce (P1a1Hr :ÞJIIurance COIIIP811Y) wou1d give us better
cnrall service.
s~ :lCYed, by COUIICilman Noel, seconded Dy Councilman Dempster.
t'~ilEn StoJœa aaked how Mr. Fisher was selected in the
r~st p1ace. Tbe City Manager passed this question on to
t~ :it7 AttorJ1e)', s1nce this agent was decided upon be1"o:oe
~ :e:allll! City !tanager 1"or Cupertino. The City Attorney
S~~~ that several were reviewed by the Council that was
~~ :~~lce at that time and a selection was made. That
~::'st .::Dol".. <11d not work out too well. Fisher rendered
to>! H:,vlce ar.j got the policy then.
Mction carried, 5-0
:,.,., :ay Manage!' !'ecom:nended we take the line that has
~~~:. annexed by Palo Alto and use it as our westerly line.
a. :.r:e a verbal agreement with Los Altos Hills in this
:"~~~.
¡'::õe~ by Council::an Dempster, seconded by Coun~ilman
r~t:~e!'ald to have the City Manager contact the City of
Fa:: Alto and ask 1"01' their cooperation 1n establishing
t:o: ~esterly bo-.mdGl'y l1ne for the City 01" CUpertino.
Motion carried, 5-0
C ~E':RT OF CITY ElijINEER
'="_;.:"1' NO. 3442, OAKDELL RANCH, east side 01" Stevens Creek
at Pha!' Lap Drive.
T::': City Eng1neer recoamend..d the Council accept th:_ im-
p:-:vements conatn>eted in conjunction with Tract No. 3442,
Où:iell Ranch (Unit 1).
$: ~ved, by Councll~n Noel, seconded by Councilman
L>e3lpSter.
Motion carried, 5-0
-10-
-."1~:r.;., '.~ .~~ ? .... ."!":'"""",-
~ "
.i:: t.f" _{("-.~~' ;;",.
X.l5 :ITAIi _ NŒ1'H BLAJŒI, east side ot Blaney Avenue between
ha: Tree lane and Merritt Drive.
The City Eng1:neer rec_Dded -the r:oun"il adopt Resolution
lie. 1057 accepting roadway dedication from Donald E. Ryan,
:r., et.ux.
So >DYed, by COUDCU_ DelllPllter, seconded by councilman
Ifoel.
AJES: Counoi'- ~ter. P1tzgerald. Roel, Stoke.. Pinch
øœs: lIone
JIot1oD carried. 5-0
'l'!!IrCi' 3354, CANDY BOCJt IIOUIf'l'AIN, Regnart Road and L1nd~ In.
The City EDg1rAer rec,; ....ed the Council adopt Reso1ut1on
No. 1050 accept1Dg -QllJ.tc1aill Deed and Authorlzat1on· ~or
u1'I!erground _ter r1gbt:S. Tract N.:>. 3354, Candy Rock
MOI---tain.
So X'led, by CO'.mcib8n Noel, secooded by Councilman
P1t~~r31d.
Ar::.;;: Councilmen De=pster, Pitzgerald, Noel, Stokes, Pinch
NO:;';: : Sone
Yntion carried, 5-0
CAI.:?:¡:.s:A ..TATE JUær,¡AY BUDGET.
The :~:.,.. Engineer recoϾnded the Counc11 adopt "Resolution
No. ::53 _ Adopt1:.g a:1d Submitting a a..dget 1"01' Expendi-
tU!'~s :~ State Alloc.a<;;ed (Engineer1ng) Funds."
So ::.:-;-~::, by Cour.o11=:-. Dempster, seconded by Councilman
Pit~~::,Üd.
A~: :.:>ancilmen =e=pster, Pitzgerald, Noel, Stokes, Pinch
NOES : ~;=ne
Motion carried, 5-0
SErE:: SYSTEM.
The :~:y Engineer rec~nded the Council adopt ''Resolu-
tion x~. 1051' _ Adopting a Select System of City Streets"
whic:: also author1.zes subad.ttal of Select System to the
H1gD<aY Commission.
So mc7e-d, by CouncilaBn Dempster, seconded by Councilman
Pitz.g~-ald.
AYES:
NOES:
:':"Jr..::llmen Dellpllter, Pitzgerald, Noel, Stokes, P1nch
Sor-..e
Motion carried, 5-0
-11-
-
StMLA LANDS, iJ!'D., south side or Homestead Road at Fallen
Lea1" Lane.
The City Eng1neer rec~nded the COWlcll adopt
Resolutions l025 and 1026.
Moved by Councilman De.peter. seconded by COWICilman
.ntzprald to adopt; ResoJø1;ion No. 1025.
AYES: Councilmen Deapeter. Pitzgerald, Noel. Stoku. F1noh
BOBS : Nolle
MOUCJI carried, 5-0
Moved by Counc11man »e.pa1;er. seconded 11)' Councilman Stokes,
to adopt Resolution 1026.
AYES: Counc1lmen Dempster. Pitzgerald, Noel, Stokes. Pinch
NOES: None
Motion carried, 5-0
D REPORT OP CITY ATTORNmC
Section 5 of the H-Control Ordinance Is being reviewed and
the City Attorney will provide a summary to the C1ty
Counc11. Resolution l059 refers this Ordinance to the
Planning Commisslon 1"01' their appra1sal and recommendations.
.loved by Councilman Dempster, seconded by Councilman
Fitzgerald, to adopt Resolution l059, referring this
Ordinance to the Planning COlll1lission for Hearings and a
report back to the Cit)" Council. As 1t now stands,
ordinance-wise, all applications will be reviewed by the
City Council.
AYES:
NOES:
Councilmen Dempster, Fitzgerald, Noel, Stokes, Pinch
None
Mot10n carri.ed, 5-0
E REPORT OP BUIL<JING INSPE-.'"TOR
The Chief a..ilding Inspector said there was 1"eeling among
the H-Control committee that the ehairman ot that COlll1littee,
rather than tee Building Inspector, should report to the
Counc11 on their decisions and would like to be placed on
the agenda.
Moved by Councilman Stokes, seconded by COWIC1laan Noel,
to put the Chairman 01" the H-Control on the City CClUncil
agenda along w1th the Planning Commission Chairman.
Motion carried, 5-0
-12-
;ppl1~a"io~ IF.a-HC-65 is fcr the Coln-O? Laur.èry in the
3~': ~e~,,:,d 2b:; .;!r.g 2enter. '1h1s appl~catlcn was approved
't'y t~.e ·H-Cc·!.L~ :..1, p:>:; ~~l:' r~:J.r.~ 5u:';f;'".ltL:,,1 âf_d t~!,:,:, sign is
t;:) b~ place:: or.. ~.;.-:= :. _ ~'~h~t: __-- :"1 =.:-.::~~ ~~9 s:--.~:~:. C:l t.he
;_2.I~S .
.~pp11~a~i~n 169-.:-:-·:''' w:¡ ~:-o:: C&rl C. Carla, requesting
approval to C',.-,:. ,.,_ ~ ~<)~~X c': ¡c,t 6, Dee? Cliffe
Estates, Trac· -55. TaJa ap?l.~~tion WDa approved, per
';he ;:>lan 81. ._.. _ ;ø-! 'ir.d 3ubject to the H-Cor.trol standard
cœck list and J;u:c!UC~!JJ~-:g plans are to be approved before
1"1nal 1nspecti...... ,.. g~·.·e;-..
Moved by Councilman Stokes, seconded by Counci~man Dempster,
to approve applications l68-HC-65 am l69-HC-65.
AYES:
S~ES:
Co~'\c1.l:r.e:l Dempster, Fitzgerald, !Joel, Stokes, Finch
None
~otion carried, 5-0
F :;';:,';RT' CF RECRE;::'IC~ DIRECTOR
':a:':.U:i:n¡ 28th, at J ;..:01. J tt".è Board of Sup~:-vl:Jor~ of Santa
C:~ra ~c~ty a~ representatl'les 0f the St€V~~~ Cr~ek
F.:::-;.c ~~1~ Co:::::.!.~~'2~ \-r11l r.1eet. They ~;ou:d :"~::e ;1
C'·;:-~:~t~~o '=':~;"-_:::~:::":"':'". '";'J co;.:~ to ttls tour ar.d to s'.lb.3c-
""..-.-..
~H~_ .....
:-.~et~.·-..:.
::~:-...,..~~~.a:;. :::~?l v,:¡::'u:--.::'-.e¡o.::;.
:=.-?~::"'¿::~ lic.~. :'~::"'''2:tor ha~ ::,.:.::t€j .:i :":.'t~f_r ~~ ;..0 ::èr.~ to
..
='::-. .:: :...:-=:'·:~:C_"'~ r- -·.i:.·c:.~r.- t:-.? St~·;·..::-.z ::''''.:~ L},;x
~-..:~-. .~..:..;:~.:;
:.. . .']--:: _'-'_":' :':!::~~ '-:', '.l1":~:--.--: t:·~p 3r:~1:·j
~ ~.. ~--
- ~ ~ :: :- ...
: 'J.__ :".
-'O ... _.",. '.
_._ _.._, _ __ _.L ".,
.- .~
._ <1,';-
...
'.. '-
- - -......
G
---.'-' --, .........,.....
.._. .... ~.- v.....~ . ~"..'_.
:.~ :-:3.:' :-.C't...::-t..: ~:: :-~ - ~r: .... -' t.
~~::.(' .
x t':::::;:3:~=' EC:¡:::':'::
A ;"~;.:i:-.t::-.'2r.t c.:" :;. ,~:·..;.:-.:::.i¡i:"..'lr. t8 L:e Eccr.v::::: C~;-...:r~'..1.r..lt:r
C':::"":".~ss~:'a of ~::t3. Clz:.:"a C:;u;....t::, :r.c. CC'...ò:".=~::":;.3.:-.
F::~~e~~lj vol·~:=e::"~~.
XI 1'';:;; 3'J.'n:;.;:.:¡s
A ~ovej by Council~r. De~pster, secor.ded by Ccun~11~an ~tcke~,
to ¡-.ava " letter s~r.1; by the City ¡·:.o.na;;er to the Hl:¡to!'lcal
La!'.;i:::a!';,s Commi';t=", thanking them for their E.ffo:,ts.
B Co¡;.r.cil~n Fit~gera11 p:'opos~j a joint ~cetin; wlt~ the
Pla!'~'1~r.g Corr.m1ssior. ar.d H-Ccr.t!'ol Co,",."ittee whereby they
should sit down ar~ talk about ger.eralities and discuss
wP~~ is expcctB1 f~c~ t~z~. Per~ps the Water Co~sslon
sh.)u:':i ~ l~o b? 1:-.::: :.. :':~d.
-13-
CC1.mcUman De~3ter felt that if there Waf! a problem tt'.at
should be di5cusse:i, it shO'.lld be arranged by the Mayor and
the Chairman ot that Commission. He did not feel s meeting
¥as necessary unless it was for specific reasons.
Counc11man Noel noted that the Planning C011ll11.ssion is on
tile City Council agenda each time and now the H-Control
Cba1rlllan will a180 be on the agenda. Perhaps that would
do the 30b.
CouIIcillBn P1~apra14 øaid eVidently an ø-Control mellber
teela there 18 a J,ack ot co-nm1cat1on aDd a lack ot direc-
tion. as .hoIm bJ' b1e recent melllO to the Councl1. Councl1-
_ P1tzaera14 .. ~o agree that the co~cationa between
am" gm'ern1DS 110111.. is very poor.
'1'be Ma)'or telt ~1Ie City Attorney shou1d go to the H-Control
_etings and exp1a1n the Ordinances.
CcuncillBn Stokes 18 willing to have a Jo1nt meeting to
get aD)' problelll8 ironed out.
Councilman empster telt the 3 ~chiefs· should get together
aD! set up an agenda 01" matters to be discussed at a Joint
"Jeeting in order to make best use of the time. He also
~elt all members at the City Staff should be present.
~oved by Councilman Stokes, seconded by Councilman Noel,
to have the City Mar.ager check with the Planning Conmlssi01:1
a!'~ tae H-Control Committee to see if they ~esire a joint
:oeeUng with thP. City Council for the purpose of resolving
a:'~ problems ar.i i1" they feel Clembers of the City staff
s::ould be pre..er.t at thi~ meeti:1g.
~otion amended by Councilman Dempster, seconded by Council-
::a~ Stokes, that previous to this joint meeting, the chair-
~~ 01" each c011ll11.ssion and the Mayor get together to decide
~~ the agenda.
'''C':'E ON THE AJG!iDXEST:
^i~: Councilmen ~empster, Fitzgerald, Noel
S:~: Councilmen Stokes, Finch
Motior. carried, 3-2
....CTE ON THE MarrOS:
;.y-z.:¡: Councilmen Dempster, Fitogerald, Noel, Stokes, Finch
SVES : None
Motion carried, 5-0
Moved by Counci1san Stokes, seconded b)' Cowncilman Dempster,
that the City Manager 1n1"orm Mr. Yamaoka h1s property near
the overpass on Blaney IllUSt be c leaned up in 30 days.
Motlon carried, 5-0
There will be a review ot park a1tes at next meeting.
XII ADJOORJiMEN'"J.'. Meeting adjourned at 10:45 P.M.
APPROVED :
ATTEST :
zP'-.- ~) f: ()~
Deputy City Clerk
Isl
Paul H. Finch
Mayor
-l4-