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CC 02-01-6510321 So. SaLta-Sun.nyvale Road (City Hall) Cupertino, California,, 950:14 ph: 252-4505 C I T Y O F C_U P E R 9' I Td 0 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL - Feb. 1, 1965 PLACE: Board Room, Cupertino School District Office 10300 Vista Drive, Cupertino, California 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 Planner, Adde Laurin City Clerk, Larry Martin Chief Building, Inspector, Bill Benevich Recreation Director, John Parham Reccrding Secretary, Lois Inwards III MINUTES OF THE PREVIOUS MEETING - January 18., 1965. Councilman Stokes had two corrections to the Minutes: Page 9, second paragraph under the REPORT OF CITY MANAGER: should read: "Moved by Councilman Dempster, seconded by . Councilman Noel, to instruct the City Manager to turn this matter over to the Planning Commission for recommendation." Page 7, paragraphs 8 and 9: Delete the words "corner radius" and insert the words "to the end of the property line, around the corner." Moved by Councilman Noel, seconded by Councilman Fitzgerald, to approve the Minutes of January 18th as corrected. Motion carried, 5-0 IV. AWARD OF CONTRACT - Temporary Traffic Signal, Wolfe Road and Stevens Creek Blvd. The City Engineer said the bids were opened at 11:00 A.M., February 1, 1965. Five bids were received; they were as follows: Howard .Electric (San Jose) $6,1J5.00 Progress Electric (Palo Alto) $6,478.00 Cupertino Electric (Cuperti.no) E546.00 t6771.36 Rosendin Electric (San Jose) 442.00 Steir_y &Mitchel (San Franci��cON -1- Vic,., cc o. -Z M It was the recommendation of the City Engineer to award the Contract to Howard Electric (San Jose), the low bidder, in the amount of JP6,195.00. So moved, by Councilman Dempster, seconded by Councilman Stokes. AYES: Councilmen Dempster, Fitzgerald, Noel, Stokes, Finch NOES: None Motion carried, 5-0 V ORAL AND WRITTEN COMMUNICATIONS ORAL: A Mrs. Robert Middleton, 22044 Creekside Court, Cupertino, read a letter she had written, objecting to the horse or foot path proposed along the creek, at the rear of the homes there. The path would, in some areas, come within five feet of the sliding glass doors of some of the homes. This letter was accompanied by a petition signed by all the citizens in Oakdale Ranch. Mayor Finch recommended they also contact the Flood Control District and Mr. Belser, of the County -Wide Park Plan. Mrs. Middleton asked the City of Cupertino to forward this petition to them, along with Cupertino's recommendation. Councilman Noel said he was in the group that toured the County Park sites, two of them being in Cupertino. It was his opinion that the park plan would be moving ahead more rapidly now. It was the feeling that the County should buy certain park sites and then turn them over to the cities to develop them. Mayor Finch and. Councilman Noel felt this was an inopportune time to say anything about the park plans. They felt it would be better to withhold any recommendation until proceedings for the development of the horse or foot path are begun. Moved by Councilman Dempster, seconded by Councilman Stokes, that copies of this letter and petition be forwarded to the Board of Supervisors, the Flood Control and to Mr. Belser. Motion carried, 5-0 Moved by Councilman Dempster, seconded by Councilman Fitzgerald to request that the Cupertino City Council be asked for recommendations, pro or con, regarding any trails along the creek before action is taken on them. Mrs. Middleton asked the City Attorney if the Flood Control can legally authorize use of their easement for anything other than flood control. The City Attorney said this can only be answered in the courts. -2 - Councilman ritz�;eral.d . said Mr. Belser's plan was a good one to begin with, bait subdivTiders have been allowed to build homes along the creek now and it would be an invasion of property now. Councilman Dem:-voter said that bero.re they take any action on the easements we should request that we be consulted. Councilman Noel said that in some areas, the paths do not go along the creek, b-�,t on i.zp the hillside. The motion was amended by Councilman Stokes, and seconded by Councilman Dempster, to request the County to see that the City of Cupertino Parks and Recreation Department and the City Staff be notified when the plans for development of any part of the parks in Cupertino are begun. Amendment carried, 5-0 Motion carried, 5-0 WRITTEN COMMUNICATIONS A Appeals on action taken by the Planning Commission for a Veterinarian Clinic (13-U-64) and for PO-H zoning at Bollinger and Clifd.en Way (22-Z-64). B Notice that "Clean Up -.Paint Up'Fii, Up" campaign is being indorsed by Goodwill Industries. C Communication from Rafferty and Company regarding Lease Back Financing. D Request from the National Council of Christians and Jews, Inc., that the week of February 21-28 be proclaimed "Brotherhood Week. " So moved by Councilman Stokes, seconded by Councilman Noel. Motion carried, 5-0 E Application from Mr. George Bonacich for the vacancy on the Planning Commission. F Communication from the County Board of Supervisors, along with a Resolution objecting to Army Cutbacks. G Communications from League of California Cities. H Pamphlet from San Francisco Conservation Program. I Letter from Ann E. Fillette regarding the traffic signal at Homestead and Mary Avenues. Moved by Councilman Dempster, seconded by Councilman Fitzgerald, to receive the written communications. Motion carried, 5.0 -3 - VI A. RLr`ORT OF THE PLANNING COMMISSION (See Minutes of 1/25) The City Planner said the Planning Commission has recommended a rezoning of property along Stevens Creek Blvd. The City Attorney reported the request of the Planning Com- mission to reduce the number of Planning Commissioners from 7 to 5. He said that, in the interest of the City, it would be proper to ask Comm. Small to act as ex officio so that the Commission may still have the benefit of his experience. State law says there must be 7 or 5 Planning Commissioners. He said it would be in order to ask him to draw up an Ordinance to.this effect, and it would then be presented to the City Council for their consideration. He added that an Urgency Ordinance requires only one reading instead of the normal two. The City Attorney said that Comm. Small is a fine man and feels that he would agree to anything in the best interest of the City. The Mayor was in favor of leaving things status quo until Comm. Small resigns. Moved by Councilman Dempster, seconded by Councilman Fitzgerald, to instruct the City Attorney to draw up an ordinance reducing the number of Planning Commissioners from seven to five.. AYES: Councilmen Dempster, Fitzgerald, Noel, Stokes, Finch NOES: None Motion carried, 5-0 Councilman Fitzgerald recommended the City Manager write a letter to Mr. Bonacich explaining this evening's motion to reduce the number of Planning Commissioners and also to notify a previous applicant to the Water Commission, (Mr. Dauvin) that there is now a vacancy on the Water Commission. B.. REPORT OF THE ARCHITECTURAL & SITE APPROVAL COMMITTEE (See Minutes of 1/26/65) Chairman Small said action on application 92-HC-63 was put over for two weekks because the rendering submitted was insufficient. Chairman Small quoted Section 12 of the Ordinance and wondered whether or not the applicants should be notified when their Use Permits have expired. The Mayor and Councilman Dempster thought this should be handled by the Building Department. Chairman Small said he would like to see Section 12 kept in the revision of the H-Control Ordinance. He also would lew like the H-Control ten standard conditions incorporated into the new ordinance. -4- MINUTE ORDER: Moved by Councilman Demps�u-er, seconded by Councilman Fitzgerald, to have the Building Department notify people when their Use Permits have expired. Motion carried, 5-0 VII ORDINANCES AND RESOLUTIONS FOR ADOPTION A ORDINANCE NO. 301: Rezoning property of P. & R. CAMARDA from R-1:B-2 to R-2-H; 2 acres more or less, adjoining the east side of Vista Drive between Forest and Appletree. First Reading. This was done by the City Clerk. VIII PAYING BILLS A Resolutions No. 1060 and 1061. Resolution 1060 was read by Treasurer Fitzgerald. Moved by Councilman Dempster, seconded by Councilman Stokes to adopt Resolution 1060. AYES: Councilmen Dempster, Fitzgerald, Noel, Stokes, Finch NOES: None Motion carried, 5-0 Resolution 1061 was read by Treasurer Fitzgerald. Moved by Councilman Stokes, seconded by Councilman Noel, to adopt Resolution 1061. 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 This past year the City received $1500, which represented 50% of the net return from the six acres of .orchard in the Town Center. Mr. Bonacich has asked to proceed with the same arrangement for this next year. The City Manager said this is standard procedure on.a lease arrangement. Cherries are ready to be picked in July, and the Architect has said construction of the City Hall would take place six months after the contract is.signed. -5- Moved by Councilman Dempster, seconded by Councilman Stokes, to authorize the City Manager and City Attorney to draw up an agreement whereby we work out a service contract like last year's arrangement with Mr. Bonacich in regard to the fruit harvest. AYES: Councilmen Dempster, Fitzgerald, Noel, Stokes, Finch NOES: None Motion carried, 5-0 House Numbering Review. Moved by Councilman Dempster, seconded by Councilman Noel, to refer the House Numbering Project to the Planning Com- mission for study and a report. Motion carried, 5-0 Master Tree Planting Program, headed up by Mr. Dwight Long of the Saratoga Horticultural Foundation, is about ready. Moved by Councilman Dempster, seconded by Councilman Stokes, to have the Master Street Tree Planting Program submitted to the Planning Commission for study and report. Motion carried, 5-0 Wolfe Road Bridge. This project has a deficiency that has not been corrected, ccntrary to numerous communications to the construction company. The City Manager would like the permission of the City Council to write them that it must be corrected or it will be reported back to the City Council for action. So moved, by Councilman Dempster, seconded by Councilman Stokes. Motion carried, 5-0 Palo Alto Boundary. We are awaiting response to our letter to them. C REPORT OF CITY ENGINEER AMERICAN OIL, SE corner of Stevens Creek Blvd. and Wolfe Rd. The City Engineer recommended adoption of Resolution 1062, Approving Final Plans. So moved, by Councilman Dempster, seconded by Councilman Stokes. AYES: Councilmen Dempster, Fitzgerald, Noel,,Stokes, Finch NOES: None Motion carried;`5-0 -6- The City Engineer recommended adoption of Resolution 1063, Authorizing Execution of Agreement. So moved, by Councilman Noel, seconded by Councilman Fitzgerald. AYES: Councilmen Dempster, Fitzgerald, Noel, Stokes, Finch NOES: None Motion carried, 5-0 The City Engineer recommended compliance with Planning Com- mission Resolution No. 204 granting a Use Permit for this development with the condition that contribution to the cost of traffic signals at this intersection; the amount to be determined by the City Council. The City Engineer said that $1,500 is the recommended figure for this contribution, based on similar cases in the past. Moved by Councilman Dempster, seconded by Councilman Fitzgerald, to set the signalization contribution from American Oil Company for the Stevens Creek Blvd/vlolfe Rd intersection at $1,500. AYES: Councilmen Dempster, Fitzgerald, Noel, Stokes, Finch NOES: None Motion carried, 5-0 D REPORT OF CITY ATTORNEY The question of the new, pending high school within the city limits has come up at the Planning Commission level. The City Attorney has recommended they request the high school file an application for a Use Permit with the City. In case there cannot be an agreement over the requirements, they can appeal to the new, local Planning Advisory Commission. The H-Control Ordinance will have some major revisior�s, but they are not prepared and ready to come before the City Council. The City Attorney is working on a new parking ordinance. The case of the stacking of lumber on the vacant lot on Blaney has gone to the Courts. E REPORT OF THE BUILDING INSPECTOR He had nothing to report at this time. F REPORT OF THE RECREATION DIRECTOR The National Safety Council -(County Branch) has requested throuth the City Manager the cooperation with their program (includes bicycle safety course, etc.). They will meet on Wednesday, Feb. 17th, here in the Board Room. -7- On February 27th, a group of 220 junior high school boys and girls are going to the Circle Star Theater to see 11Teahouse of the August Moon." The response to this was overwhilming, which points up the need for this sort of thing in this area. C REPORT OF THE CITY PLA11NER Report on Zoning Ordinance. The Planning Commission feels the Zoning Ordinance si.ould be broken up into sections for the Public Hearings. Tlie Cluster Ordinance has had two Public Hearings and has actually been before the public for six weeks. After the Second Hearing, it was decided they would have a study session (this coming Thursday) to evaluate and incorporate any revisions. There was a request from the Public to have more Public Hearings after this revision. The City Planner submitted a written report to the Council and the City Attorney. X UNFINISHED BUSINESS John Franzella - Business License for Vegetable Truck, corner of Blaney and Stevens Creek Blvd. Councilman Dempster said he has no:objections, nor has he heard any objections to this man's business. Councilman Noel said he has had phone calls asking why we are trying to get rid of this man's business. Moved by Councilman Noel, seconded by Councilman Fitzgerald, to have Mr. Franzella issued a business license for the ;rear 1965 only. At the end of this time the case is to be reviewed again. Motion carried, 5-0 B Review of park sites. It was decided this would be taken care of at an adjourned meeting the following Monday night, 8 P.M., at the City Hall. C Miscellaneous Councilman Stokes asked what the status is of the study of the needs of Cupertino for additional police protection. The City Manager said this is being reviewed now by the County Manager. When this is completed- we get our report on what additional service we need. Councilman Noel wanted to know if the Sunnyvale City Council has made any comment on the letter regarding Mary Avenue. He was told no letter was written because at this point we could not justify to the taxpayers the installation of the s;,op light at Homestead and Mary. -8- Moved by Councilman Fitzgerald, seconded by Councilman Dempster to instruct the City Manager to write a letter to the Sunnyvale City Council that we are interested in having a joint meeting to discuss the Mary Avenue extension. Councilman Stokes was under the impression, from the last discussion, that Cupertino has no leMal right to spend the taxpayers' money on signals for Homestead and Mary because it is not within Cupertino boundaries. He felt this had nothing to do with the Mary Avenue extension. The motion was amended by Councilman Stokes, seconded by Councilman Dempster, that the letter to Sunnyvale City Council and high school district should reflect this thinking. Amendment carried, 5• 0 Motion carried, 5-0 Councilman Dempster suggested the City Manager and the City Attorney discuss this thoroughly and have a meet1g of the minds as to the legality of this situation. The City Manager said the Cupertino border in front of the high school is 30' south of the center line of Homestead Road. Mr. David Fletcher, a Palo Alto Attorney representing the Torre Brothers, said they have been in doubt for some time now as to where they stand in the park site situation. The Mayor said it would be premature to discuss this tonight. A review of the appraisals of the park site properties will take place next Monday night. Shortly after that, the property owners will be contacted. Mr. John Torre said that he can be reached at 19945 Stevens Creek Blvd., Cupertino, or at the Los Banos Elementary School, where he is the principal. An early reply would be appreciated. His brother is Mr. Vincent Torre, 19945 Stevens Creek Blvd., Cupertino. XI NEW BUSINESS A Award of Time Deposit - $35,565.12 (Collier -Unruh total to 12 /31 /64 ) The City Clerk said he has received bids from the following banks. He gave the amounts for deposit on a one-year basis. Bank of America. . . . . . . .4-1/40 First Valley Bank. ... ... .4-1/2% Wells -Fargo Bank . . . . . . .4-1/4% Crocker -Citizens Bank. . . . .4-1/4 0 Moved by Councilman Dempster, seconded by Councilman Noel, that the money be deposited with First Valley Bank, the highest bidder. AYES: Councilmen Dempster, Fitzgerald, Noel, Stokes, Finch NOES: None Motion carried, 5-0 -O- B MISCELLANEOUS The City Manager said the City's obligation for the water lines in the town certer.are: Torre Avenue - - --$2,54o.00 Rodrigues Avenue . .$1,015.00 The entire amount is to be.paid in 20 years. Moved by Councilman Dempster, seconded by Councilman Stokes to authorize Mayor Finch and the City Clerk to sign this Agreement. Motion carried, 5-0 Moved by Councilman Dempster, seconded by Councilman Fitzgerald to adjourn to a personnel session at 9:30 P.M. Motion carried, 5-0 Council reconvened at 10:30 P.M. XII ADJOURNMENT Moved by Councilman Dempster, seconded by Councilman Noel to adjourn the meeting at 10:30 P.M. to the Executive Session for purposes of reviewing of the appraisals of the park sites, to be held February 8th, 8:00 P.M., at the City Hall. ATTEST: Z- City Clerk Motion carried, 5-0 APPROVED: -10- /s/ Paul H. Finch Mayor 10321 So. ~~cp-S~1e Road (City Hall) L'upert1no, caUCarn1a, 9501iJ ph: ~52-4505 cx~y OJ' CUPER~X.O Ca11tarD1a 1, "~;QP t1111II\RJÌII";"'-,- fØ DB em CC*CIL - "11. I, 1965 "i;)" ' '.,~, ~..Jfjj~~t1Do 8011001 ~ Cft1ce T§~.·' =~~., ~tSDo, ca1Uviida ',. ;,!q (P.re......_eoaf'~lIOe - 7:30 P.II.) I SAL1JfB '1'0 ~ PUG II ROLL CALL Councilmen present: Dempster, Pitzge¡oa14, Øoel, Stokes, P1nch Councilmen absent: None City Manager. Phil St01"lll City Attorney, Sam Anderson C"ty Er.¡;ineer. Ants laM City Planner, Adde lAurin City Clerk, LaM")' Martin Chief a..Uding Inspector, Bill Benevlch Recreation Director, John Parham Recording Secretary, Lols Inwards III MINUTES OF THE PREVIOUS MEETING - .January 18, 1965. Staft present: Coun::11can stokes had two corrections to the M1mrtes: Page 9, sec~ paragraph under the REl'œ'1' OF crrr MA1IAGIIR: should read: "Moved by Councl1man Dempeter. seconded ~ C?uncilman Noel, to instruct the City Manager to turn thl. matter over to the Planning COlDllission tor reco:maendatlcm.· Page 7, paragraphs 8 and 9: Delete the words ·corner rad1ua· snd 1nsert the wo.-ds "to the end or the propert7 line, around the corner.· !loved ~ Counc1~n Hoel, seconded ~ councl1_n P1tzgerald, to approve tœ JI1Jutes or January 18th ascarrected. Motion carried, 5-0 -, IV AllARD' OF COII'fRAC'r _ '1'emporal7 Traft'1c 51gna'o, Volte Road J : and Stevena Creek Blvd. . '!'he City ~J_ ..14 the b14. were opened at 11:00 A.II., Pe1lruu7 1, 1965. P1ve b14. _re r_e1"e4¡ tM7· vera a. rol1_' JIoIfU'd JDectrlo (San JoN) $6,1~.00 " ' r.. J,~, .. Jnectrlo .("10 Alt;o). U",78.oo ~ S1eotr1o (~) 'm·36 .~ lII..t.. Bleob'lo ~a.a' "'-eJ 7,.00 ate_ . lI1uMl (San ~18co) 1,5'6.00 -1- i ,'. .. ì ':.4>' ~. ~_~"t ~¡.,.. ~ .." ',,". It _s the recOlllDeDdation or tbe Clt7 BDs1n«er to all&1'd the Ccotract t;o Boward Electr1c (SaD .ToM), the low bidder. 1D the ._t 0: $6.195·00. So .,,84. _ CO!lllCl~-ft Dcll¡llltcr. eecoø1e4 _ eounallaD St;aIœ. . ADS: CCMlCn· - De~t:e:'. nt:.....u. "1. Stob.. ftIIDb IICI!:S: ... 1IøtlCft carrSeð. 5-0 V œw. AID 1IJun:&Ii c~"lCMfIOIIS œAL: . A Mrs. Robert; JU.ddleton, 220/14 Creelalide Court;. Cupert;1no. read a letter she had r.ritten. obJect1JlS t;o the borH or toot path proposed a]ol13 tbe cree·It, at the- rear or the homes there. The path ",ould. 1n some area.. come within f1ve teet or the sl1d1ng glass doors or some or the holies. This letter was accompanIed b7 a petltiOn signed b7 all the citizens in Oakdale Ranch. Mayor Pinch recommended the7 alao contact the Plood Control DIstrict and Mr. Belaer, or the Cocnt7-V1de Park Plan. ".rs. Middleton asked the CIty or Cupertino to torward this petition to them, along with cupertino's recoamendBtIon. Counc11aan !loel said t'.e was In the group that toured the County Park sites, two ot the. beIng in Cupert1no. It was his opinic:1 that the park plan would be moving ahead mere r."pidly now. It was the reeling that the County should buy ce:ota1n par!!: sites and then turn them over to the ~itIes to develop ~he.. Mayor Finch and Councllaan Noel relt this _s an :\nopportune t1me to Sa7 anything atout t!1e park plans. The7 relt it would be bett"!r to ",itt'.ho1d al17 recolll1ll8ndation until pro'=G"d1ngs tor the develc.;>L8nt or the horse or root path are begun. Moved b7 Councilman Dempster, seoonded b7 CouncllaBn Stokes. that copies ot this letter and petition be rorwarded to the Board or Sl¡perYisors.. the Plood Control and to Mr. Be1ael Motion carried. 5-0 Moved b7 CouncU....n Dempster. secorded ~ CouncU- Pitzgerald to request tbat the Cupert;ino C1t7 Councl1 be aslœd tor reco.leDdationa. pro or con, re8U'd~ .~ tran.- alone the c~ek betors action 1a takaa CD tba.. Mrs. JI1ddleton .,~1œ4 the Cit7 Attornll7 11' ~ nood Coatro1 can 1epl1;t .œborlse uae or their ea....m; rœ UI7tb1~ otber tbaa t'lootI cODtrol. The CltJ' Att.u.~ add t;b1a caD on1;t be ._.... in tbe courta. -2- -, '" \ .~';. ~ ¡;",.~:' ':0;";-~'· .4;1~' ~,,:;J.'_,~j~ ~~::':';.'~:'--1f"'.:. :,;>' ~l;'(..~\l>*"· .. ~:~ -;f>. ":~~L:,.:%:~":' ~ .~.. '''('', " r CO'ImCl,1ø8n P1t~]4 said JII'. Beber I. plan was a good one to begin witb. bat; ~iv1ders have been allowed to build ~s aIems UIe creek now and It would be an iDVaslon or propertJ' l1QIII. CouaclhaD ~ ..14 that berore t~ take a~ actton 011 tœ ease.... _ ._1d requea1: that we be ccmau1ted. ~, " COUDCl~ .:&r. :";~üat 1D .- areas. t:be ¡atbe do not &0 alarls u. -,~ _ up tile b111a1de. .. :'_~;~;,¿:tt~.~, ;,.':.;::: ~; Be .øt1øá, ., - _ c:-t~ .. '" ,.... aecolllled b7 COUDCUIIIìIï; , "~'to Jo-....ø tile c-. .);.. to.. tbat the ctt7 or' , . .... BIIoreat1oD\Jt.,:", . ~øt IUI4 the Ctt7 staff," tilleD the p1aM tv. de1re~t or aD;f ¡mot or tIIit. ... 1ft Cuperttno are t AJ·..· a.eø!.nt carried. 5-0 lIot1on carried. 5-0 VRrrrEN C....... ""'.CØ1œ1S A Appeals on actioa taken bJ' :he Plann1n& Co....ission tor a Veter1nar1aD Cltatc (l3-U-6') and tor PO-H zoning at Bollinger and Cl1.rden VaJ' (22-Z-6'). B Notice that "cleaD Up-Paint Up'P1x Up· campaign is being indorsed b7 QoodIr111 Industries. C Cocaunication rroa Ratterty and Company regarding ~ase Back Financing. D Request rroa the Sational Councilor Christians and Jews, Inc., that the week or February 21-28 be proclalaed "Brotherhood Week.· So ClOved b;r Counci1œ.n Stokes, seconded b7 Councilman Noel. ~t10n ~arried, 5-0 E Application troa JIr. George Bonacich ror the vacancJ' on the Planning Colllll1asicm. P Coammlcat1oft t'ro. the County Board ot Supervisors, along wlth a Resolu1;1cID object1ng to Arrq Cutbaclal. G COlIIIIW\icat1ona rro. league ot CalUorn1a Cities. B Paaphlet rroa SaD PraDclsco Conservat1on Program. I I Li x letter trœ AI!D E. 71llette regarding the trat'tic a1grlBl at BOIIIestead aid IIa27 AYeDles. IIoved b7 COWICt~ l)empeter, seconded 117 C---'-iban P1tzgera14. to rece1_ the written co-...·..·tiona. , ~'.on carried. ,5-0 -3- IT t·<~ ~¡, f'~ é;,f 1 , ~::¡',. ¡::<;.'; ~~.; " ~~, ·~t ,.' , , ! ~ ~ ,JI.-_ n A. !C'OM' œo' ~ ftAmlDfO CÕIOtrSSICN (S- ~e ot 11'25) 'the C1t:r ,1A_ a1d tbe !'lmm1ng Coadø~OD baa reooaEndee a reaoa1JlC or ~ __ t;r aloes Stevens Creek Bl'ld. !lie C1t7 At:tÜ:;¡'. .'~. J ted ~ re...aat of u.. ".",,111C COlI- ~1cD to ra·IÌI..'lIUOer ct iLs:ID~ ~ ,,'..Iaœrt1 trœ 7 to S. De 1Íi:!4-u.c~~ tl:e 1J'lterÐøt; "~,, a.es~. It -.14 lie 1I&~'i.f_:Öô:a. SraUto _... oUSøIo so oat UleC "'r;<r·'=')i.4( at:U1 have UIe 1IIíDdU or bia , expao1erJae. *t1î1 ~W·. ~~ 1MJSt ~ 1 ciiI' 5 .,.",,1-. ~-taœn.. :it'... U 1I0Il14 be 1D .....t:o ask bSII to dnar 1If an""i' - --·to tb1a enect, aDl1~ -,... tllen be preeeDteIJ 1:0 t:I:ie Ð~~ CO".;DCll rar their _~rdl(ft. BIt -.Jde4 tJa~ _·a_I Ord1nance requ:11'ea ~ 0IIe readl~ 1natea4 or the __1 two. '1'he C1t:r Att..._:J' 11814 that C_. s.àu 18 a n.- 1I£D and 1'eels that he ~ agree to all¡Jth1ns 10 tbe beat; interest 01' tt.e Cit7. '1'he Mi170r wa3 .1D hwor 01' leaving th1.~s stabu. quo until C~. Sall resigDa. Mowed b:r Counclban De:!lpster, seconded by Ca<:r.ellman F1tzgerald, 0;0 1ns~t the City htton¡e:r to draw up an 0~1r.anc3 red".,~ the number cf Planning Cœaj"sslcners troll lIeven to 1'1...e. AYES: Counci~: Demõ)llter, Fitzserald, licel. Stokes, Finch HOE:>. Hone Y~ticn carried, 5-0 Coun~llman P1.~. ;;era1d recon:>ended the Cit.7 Y.anager ~rJte a letter to Mr. ¡-;:ncich explalning thill even1ng's motion to reduce the :J.....œ:- ot Plann~'Ó COlllllisslonera and also to notify a previo1S appl1cant ~o the t:ater CoaaJasion, (RI'. Dauvin) that there ls rv.:.. a y¡¡co::ncy on the Water Co:rmI8810n. B. REParr OP T<>E ARCHI'J'æTL'Rf.L &: SIT£ ArPRO'/AL CO~ITTEE (See IUnute. 01' 1/26/65) Chairnn Slall 3#<14 ac~ion on appl1cati:>n 92-BC-63 was put oYer {or two We-f'Uœ becauae the renderl:1E; sd_~tted ..aa inautf1clent. Chai.r_n &an c¡ac«..s Section 12 or the Ord1naDce and wondered whether cr DOt the appl1cants shou14 be notit1e4 when t!"e1r U.. Per1du have explred. The Jb:J'Ol" and .'. COUDCll_n DeIIpRer thought this should be balAled b7 the J!uild1ns Depart ..t . Cbair8D s.an aaJd he would l1Jra to aee SecUco 12 kept 111 the rev18tø.. cI ~ B-Control Ordinance. Be a180 would like the B-C~1 toeD· atandard condltioaa 1ncarporate4 into the new ordi--- . a . -- -'1- JllDiUrE ORDER: Moved by Councll.11D Del:lPl5ter, seconded b7 COUDCllœn P1tzgerald, ¡;c bit_ the Building Depar..-nt DOtity people wbeD ~heir Use Pena1t. have expired. JIot;ion carried, 5-0 -, I ~.. ..~.yµ . œDIU!lCBS AID JIESOIDlIOiIS pœ ADOP1'I(II . ,.,tl~_~:~~: ,'.\. - - ::iii~i'i.CllDDA1ICB 110.;301: JInoD1I1C JII'O..... tot ~ 1'. . P. CAllARDA ....~.: <~.j~"E. :::'1.?-.~.:a 2~~:"w:. -¿~ ~·l:=-~ ~ '~ß'·· ;'(';-",,;: 'fb1a.. d_b7 U. C1~ Clerk. . ~i,'~;:' Y.ID PUIm BIWS . A Resolutions 110. 1060 and 1061. Resolut1on 1060 _a read by Treasurer P1tzgerald. Moved by Counc1~ Dempster, seconded b7 COUDCllman Stokes to adopt Resolution 1060. AYES: Councllaœn Dempster, Fitzgerald, Ifoel, Stokes, Plnch NOES: None Motion carried, 5-0 Resol~tiun 1061 was read by Treasurer Fitzgerald. Moved by Councilman S1;okes, seconded by Councilman Noel, to adopt Resolution 1061. AYES: Councllmen Dempster, Fitzgerald, Noel, Stokes, Finch NOE 50 None Motion carried, 5-0 IX REPORT OF OFPICEñS A REPc:r. OF CITY TREASURER He had nothing f'urther to report. B REpœr OF CITY MAJlAGER .J Th1s past year tbe Cit7 received $1500, which represented 5~ of' the net return !'rOID the 81" acrea of' orchard in the Town Center. 1Ir. Boaacich has asked to proceed with the 88_ arrange....nt tor this next year. Tbe Cit7 Jlanager said ~h1s 1s s-......"ð prQCedure on a 1e__ arraJ1Se....nt. Cherries are react7 t.o be plcked In 3u17. aDd UIe Architect bas said conatruct1oa or the City Bal1 ~ take place six IDOntha atter the cDllÞ'act is aigned. -5- "~' - .;?-" Moved 1>:7 Counci1caD DellPBter, secC\nded b,r Councilman Stokes, to authorize the C1t)' Jlacager and City At.torney to draw up an agreement wbereb,r we work out a service contract like last ;rear'a arrange::;r.:t vith K.... Bonacic!) :II regard to the fruit h&rvest. ~'!ES: CO'.mcl1ræn ~~. lI'1tzpra1d. 1fo61, StoJœs. F1nCh l-_: ,JIOB8: Rone '> ¡ .' ' ~:i~. 5-0 . _ ,{;,~,~~ ,~s, . Jtoaae ~ BéírU1r:' JIon4 b,r CCN:2Cf',;,ø, IM.....~.r. aeccmde4 ~ c-1b8D 11081. to reteI' tbe Høaae ~1ns Project to tbe P1.ftI'I1~ c__ 1I1sBion tar studT and a re¡lOrt:. Motion carrled, 5-0 Jlaster Tree Planting Prog¡-l1l11, headed up b;¡ JIIr. Dwight Long at the Saratoga Horticultural Poun:1ation, is about ready. Moved by Councilman Dempster, seconded b,r Councilman Stokes, to have the Master St.reet Tree Plant1ng Program submitted to f;,.. Plann1ng Collllll.1ssion tor ¡¡tOOy and report. Kction carried, 5-0 Volte Road fir 1dge. 'rh1.s pro~ect has a det'iclency that has not been carrec\.~d, contrai")' to nU/òleroU8 cOlllllUDications to the conatn:ct.icn ':?mpany. The City Manager would like the perndasion 01' the Cit)' Counc11 to write tilelll that it must be corrected or it~ill be reported back to the Clty Council tor sction. So œoved, by CouncI1ma:1 Dcmpçter, eeconded by CouncIlman stokes. Motion ca!'ried, 5-0 Palo Alto Boundary. We are alfalt1ng response to our letter tC' them. C REPOII'J' OF CITY EII:¡INEER ." .. . ~ AMBRICA!I OIL, SE corner or Stevena Creek Blvd. and W011'e Rd. The City Engineer recoae~ adoption at Resolutlon 1062, Approving Pinal Plans. So .aved. b,r Councilman Derçster, seconded 11)' C0WIC1l_n Stokes. AYES: C0UDC11men De.pe1;eo. J'1tzger¡a1d, 5081. StcJœa. P1nch JIŒS: Xcme doI;h"G carried, S-o ...1.- I. ¡ L ~.'" .'1"--.....,.~ c, t f; L , ., REPaft' Q1I' THE JUl.CR:UUœI DIREC'l'Œ T'Ie lfat1oaa1 Sat._ ø---n (Count;, Bl'lIDCb) baa requested throutb the Cl~ -~~ t;IIe cooperation witb their progr.. - (1nclu4e..bJ.c;rc1e-~ ooùrae. êOtC.). ~ w111 _et on VedDell4Q. Feb. 1~~ "~'are 111 t» Board ~ "~ ~~:. ,;-; . :.> -- . -t.:":~ .,<;.. <~ ::~. . r-. The Citr Fng1øeer recOIIIJIended adopt1on ot Reao1ut.1on 1063. Authorizing K 04100 or AgreelDen::. So .oYe4. 117 C-"I1man Noel, secorded 117 Councll!'l8n P1tqera14. AYES: COUDe'n- Dellpllter. P1tzgera14. Jfoe1. StokeS, P1nc1 NOBS: None . JfOtlOD carried. 5-0 1'be CJ..", '.' ,,' ed cCIIIP'...~·~ P:Jam1I1Sb1a-C- ........":~ , srent1J!s a ~:IIIndt; f'ar t; deft ",'," "aD tblìt; a....tt~e1Ga 1;0 tbe coR or'; ," " "at tb1a 1I1tet'a8ftS-J t;he a-.m1õ to be ð.~.-. .~ CJ.~ Coancl1. 'IiIe~Q Ens1nettr aaJd tbat: --.).~tI,~ rec_Jlðed t'Spre ~or tb1a c0Dtr111Qtl~. -~a6 'alllUar cases 1..,' tile paR. Roved 117 eouœ1l'l , Dellpoiter. secorde4 117 Caaøci1man Pitzaera14. to .c't;IIe 81gDal1zatlon .,ontrl11Qtion from American 011 c-.p.~ ~ar the Stevens Creek B1vd/llolte Rd 1nterseotion at $1.500. AYES: Council8en Dempeter. P1tzgerald. Noel. Stokes, Pinch HOES: None Motion carried, 5-0 D REPOR'J:' OF CITY AT'1'aIJŒr The questIon o~ 1;be œw. pending h1gh school with1n the city 11m1.ts haa e~ up at the Planning COtIIIII1ssion level. The C1ty AttorDe7 bas recOIIICII!nded they request the high school rile an app11cation l'or a Use :?erlll1t -lith the City. In case there C'",nnnt; be an agr:'eement over tt.e requirements, they can appea1 to the new, local Planning AdvisoI'J' Commission. The B-Contro1 Ordinance will have some major revision¡. but they are not prepared and ready to come be~or~ the City Council. The City Attorne;r 18 working on a new park1ng ordinance. The case o~ the ataek1lls or lumber on tbe vacant lot on Blar.e;, has gcme to the Courts. . REPaft' OF 'l'BB I!UUDDIO DfSPECTOR He ~ noth1ng to report at th1s time. ':-7- " · en P"brulU'7 27th. a group ot 220 JuDj.or high school boys and girl. are ;c1~ to the Circle star Tbeater to see ~eabouae o~ UJe August Moon.· The reBponse to this wae 0ge1'lfh1~. IIb1ch po1nts up the need ~or tl118 sort or th1ng 111 tIIia ....-ea. " C - ~ QP 78 Clft r...A5!iER Report OD .~.. QrdJnance. Tœ "........ c-1881OD ~..la the Zon."~__ir.J,e a~ be ~_ap~\tO aecUOll8 ~ the Pub110 ........ ftÐ C1118ter CP'.-..... baa bad ho 1'111111c lleartqpl aìIiI baa actua~ beeD1Ie1'øre the pab11c tor :'x "11'-. After tile Secord JIIIIIr1.,. ·1t -_8 deo1decl the., WOt14 law . atull)' aesslan (tb18 cOldqJ Tburada)') to ewal_te .,.. 1øearpOrate an;r rev1a1aaa. . 'fIIere _8 a request rro. tbe Publlc to have .... Pub11c llear~s after .thb 1'n'1a1OD. 'l'Iu Clt)' PlanDer submitted a written report to the Council aM the Clt)' AttorDe)'. x UIIP¡¡¡ISHED mSDŒSS John Pranzella _ BI1siness License ror Vegetable Truck. cor~J' ot Bl4ne)' and Stevens Creek Blvd. Cowrcl1ll18n De.pster sald he bas no objections, nor has he heard 6ny ob jectlona to th1B 1II8D'S business. C~ll_n Noe1 said iIe bas bad phone calls ask1ng why we are tl')'lns to get rid ot th1B _n's bus1ness. Move-.) b)' Councl~ Noel, seconð.ed 117 Councilman Pitz;erald. to bave Mr. i"ra:lZell4 Iss~:a þuainess l1ceonae ror the ;rear 1965 only. At the end .or t~.is time the case ls to be reviewed again. . Motion carried, 5-0 B Review qr park sites. It was declded this would be taken C3re ot at an adjourned meeting the rollowins Monday n1ght. S P.M., at the CU)' Ball. C H1scellaneoua [ L Councilman StoJres asJœd what the stat1lll 18 or the stud)' or the needs or Cupeñ1Do ror additiona1 po11ee protection. ,. The ~it)' Manager ..14 thle ie be1.ll8 reviewed now by the l ¡ Count)' Manager. 1IbeD th!a Ie co..p1ete4 _ get our report on what addlt1_ì. service we need. CouncllIPD Jloe1 _nte« to know U'. thÌI SunJlr;:rA1e C1t)' Council þae .-de aJQ" c_t. on "he 1etter regareUne MIu7 Avenue. Be _ to14 no letter _. _1tten becauae àt th1a;po1l1t_ eoa14 DOt :u&tl1) to the- taxpaJ8ra the 1natallaUon or tbe atop l1.¡;Dt at ao.etead IUd Mar7. -8- ,', \, , ~'}J" ';:.,,±:: ,~ .,i¡i ... I_:!'.J-"~V .,.. >\~;·i:· ~~'~iT; ,.~,. . -ì.'<'-.,¡' ;If'·' ~'. I _J _i . IIoTed b7 Couno111aD ntcgera14, ..oooded b1 Counclløan Deçeter to 1ftItruot till C1t7 Mana!t1' to wr1t. I letter to the SunDyvale Ci1;y Councl1 that we are Interested in hav1J!S a .faint meetIng to dIscuss the Mar:r Avenue extenalon. C_I~ Stokes _s under the impression, trom the last d1Kw8iCID, tbat; C_-t1llo hiLs no 18sa1 rIght to spend t;be tuJaJ'U'S' ...,. on s1gøa1a ror &o.eatead and Ma17 111... 1t 18 DOt tt1th1D. CUpertino bcnmdar1es. Be rel1; , tb1a IIB4 IIOtIdDs to' do w1t;b the JIa1'7 Aftaue exteDlllon. !tie .ut1ClD ... . "'!lM-_'Coaao1~ Stdcu, aeconded _ c-U- De~t...';tllat; the 18ttw to ___...18 C11;y c-U aDI bSIIb .0001 dhtr1ct; 8boia]4 1"8n.ct; 1;bis th1nlr11\& AMnàeDt; carrIed, 5-0 JIotICID carr1ed, 5-0 Counclla:> De..-t;er eussest;ed the Cit7 Manager and the City Attorney discuss 1;b1a 1;borough4r and have a meet_ 01" the III1nda as to the lepl1ty or th1s situation. The City ~nager said the CupertIno border 1n tront ot the high school ls 30' south ot the center line ot Homestead Road. Mr. David Pletcher. a Palo Alto Attorney representi~ the Torre Brothers. aaId they have been 1n doubt tor some tlme now as to where they stand 1n the park slte a1tuat1on. '!'he MaJOl" aaid 1t wou1d be preature to discur.a th1s tonlght. A review ot the appraiaa1a ot the park site propertles wlll take place next Monday night. Shortly atter that, the property <=11'" .·s will be contacted. Mr. John Tc.rre said that he can be reached at 19945 Stevens Creek Blvd.. Cupeñino. "r at the Los Banos' Elementary School, whe~ he i. the prl.~cipal. An early reply would be a?prec1ated. Hi. brother 111 Mr. V1ncent Torre, 19945 Stevens Creek Blvd., Cupeñino. . XI NEW BUSINESS A Award ot T1IIIe Depoa1t - $35,565.12 (Colller-Unruh total to 12l3l/~ ) The City Clerk ..1.4 he has received blds troaa the tollowing banlca. He sa- 1;he .-ta ror depoait on a one-year basis. Bank or Allerica. . . . . First Valle;r Bank. . ... Vel1a-J'ar&o Bank . . . . Croclcer-c1t;1UDII Bank. . · . ..'--1/11. ."-1~ .II-l:~~ .'--1/11. · . · . . Moved b;r Councilran De.pster. seconded b;r CouncIlman Noel, that tha -.;r be deposIted wi1;h P1rst Valle;r Bank, the h1&hest bIdder. . . AYES: COUDCI:1.eD De.pøt;er. P1tzpra14, '1Ioe1; StOke.. Pinch IIOBS: None· . JIotICID carr!ec1. 5-0 -9-- B MISCEL!..A1ŒOUS " ¡: f ~' t· ~. ¡ The Cit7 bnager 11814 tbe C11;7'S o~l1.¡;at1on Co!' the water linea in 1öIIe Cown center ae: Torre AYe:me - - - -$2.5110.00 R:lli!'1p:eb Avenue . .$1.015.00 '!'be entSre __1; ia 1;<> « !'ISIS 1n 20 yearli. lIoYed 117 CouDcllan J),f1(1II':.cr. _cœed b7 C_l~ Stokea to autllor1u JIa7o:" JP1nch aDI! tile Clt7 C1erk to aSF thia Agree_at. !lot 10:1 carr1ec1. 5-0 Moved 117 c-llaen J:eoIq'BWr. lleconded b7 Councilan Pitzgera14 to adJourn t? a pe¡-a_1 se8:Jlon at 9:30 P.M. rk>t1e>n ~ied, 5-0 Council re¡:onven~ at 10:30 ·P.M. XII ADJOURJIMENT Moved by COW1cllman D2mpster, seconded by :;ou.~cllrnan Noel to adJourn tbe meeting at 10:30 P.M. to tt'.e Executl..e Session Cor purposes of reylc:w1D& of 1ohoe appraisals ot the park s1tes. to be beJd Fe~ 8th, 8:00 P.ii., at the Clt~ Ball. .....::t1c:n·earried, 5-0 APPROVED: lal hal iI. Pinch -- M-~y.:>r ATTES'r: ~~ fL.. {l~C: City Clerk -1"-