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CC 03-01-65Re, cc e .- C I T Y O F C T7 P E R T I N 0 Calif ornia 10321 South Saratoga -Sunnyvale Road Cupertino, Calif., 95014 ph: 252-4505 MINUTES OF THE REGULAR MEETING OF TILE CITY COUNCIL - March 1, 1965 PLACE: Board Room, Cupertino Schoul Dis+-r .ct Ofl_�ce TIME: 8:00 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 Clerk, Larry Martin City Attorney, Sam Anderson City Planner, Add.e Laurin Assist. City Erg1J.1:,ez., .Bob shook Chief Building Inspector, Bill Benevich Recreation Director, John Parham Recording Secretary, Lois inwards III MINUTES OF THE PREVIOUS MEETINGS - Feb. 15 & 24, 1965 Councilman Stokes had a correction to the Minutes of Feb. 15th, first paragraph on page 12 1...to include the provision that if the trees should have to be removed prior to harvest of the fruit .... " Councilman Stokes said that on. page 13, item B, one of the new Recreation Commissioners is Mr. (not ln.Trs.) Steve Sedlack. Moved by Councilman Stol..es, seconded by Councilman Noel, to approve the Minutes of February 15th as corrected. Motion carried; 5=0 Moved by Councilman Fitzgerald, seconded by Councilman Noel, that the Minutes of February 24th be approved. Motion carried, 5-.O IV 1964 MUNICIPAL IMPROVEMENT BOND SALE - $1,450,000.00 The Bids were opened by the City Clerk and M- . Herman Zelles, of.Stone and Youngberg. Each bidder submitted a $10,000 cashier's checic as per notice of sale. 'Bids . were.. as follows: M Batik Bank of California United Calif. Bank Bank of America Wells -Fargo Bank Crocker Citizens' Net Amt of Int . $804,703.13 778,336.25 76o,386.50 797,913.75 782,620.63 Net Irit.. Cost 3.6358Y 3 „51830 3.4356% 3.6051Y 3.5358% The City Clerk and Mr. Zelles retired to another room to compute the figures. V ORAL AND WRITTEN COMMUNICATIONS Mayor Finch asked the audience if there were any oral communi- cations dealing with other than items on the agenda. There were none. WRITTEN: 1. Letter from Mrs. Ann Anger protesting the H-Control decision on the Rintala application. 2. Letter from Cmdr. Martin Kuhn inviting Mayor Finch to participate in the official ground -breaking ceremony at the U. S. Naval and Marine Corps Research Training Center in Alameda. 3. Letter from Mr. William Haack regarding fluoridation. 4. League of California Cities Bulletin. 5. League of California Cities bi-monthly meeting of March 25th at Sakura Gardens, Mountain View. Moved by Councilman Noel, seconded by Councilman Stokes, to receive and file the written communications. Motion carried, 5-0 VI A. REPORT OF THE PLANNING COMMISSION Chairman Gates said he had no special report, but would answer any questions the Council might have. B. REPORT OF THE ARCHITECTURAL AND SITE APPROVAL COMMITTEE (See Minutes of Feb. 16 & 23, 1965) Chairman Small commented on the Rintala application, saying that the man already has the industrial zoning and now he wants to upgrade his business. He showed the mock-up and the plot plan which Mr. Rintala had presented to the H-Control. -2- Mayor Finch felt that street improvement � would be justified on this 90 t frontage on Stevens Creek, His reapon.-, in g was that this might be our Ionly chance to' im,pcse street improvements on this property because this man will probably stay in business here, now that -he - s upgx,ad _ng it The City Attorney said there is no change in the use of the land here; no permits are required here,. The staff should check this out whei-her or nc t . we can require street improvements. Mr. Rintala said 'he is leasing the property so he believes it would be the obligation of the property owner. He said there is a fire hydrant and a telephone pole in the way of the alignment of -the ssidewallc, Moved by Councilman Dempster, se:sonded by Councilman Fitzgerald, to approve the decisions 6f tl-ie H-Control. Councilman Stokes asked the City Attorney if it is his opinion that .since the man ha;, been in business for years now, that this is just an improvement of the property. The City Attorney said there is no substantial change Ln; the use. The Mayor did not .feel we: should encourage this r,.,an to upgrade his business unless we get the street im.proveinents AYES: Councilmen: Dempster, Fitzgerald, Noel, Stokes NOES: Councilman: Finch. Motion carried, 41 XII. PUBLIC HEARINGS A. I... K. ISHIMATSU: Application 1-Z-65 for rezoning from R.--1:B-2 to PO-H; 2,7 acres, west side of Miller. Avenue, 1000' south of Stevens Creek B-11VA. Approved by Planning Commission Resolution No. 243; Feb. 8., 1965. Ordinance No. 305. Mr. David Bergman., 503 Rio Vista, San Jose; represented the applicant. He said the present zoning is actually spot zoning. The .property is surrounded by Cupertino High School, a church, apartments, and a ra;arsery. . The app ..cant would litre to put up a -medical and professional center, The .City Planner said he had felt it would be more desirable to incorporate the ad: j,j.cent property in any change in zoning and have it all under one plan,. `.Phe narsery is a non -conforming use The . ohu.rch is zoned R-I . . Mayor Finch asked for core nepts . frorri the audience. There were none . Moved .by Councilman Stokes, seconded by Councilman Dempster, to close the Public Hearing. AYES: Councilmen Dempster, Fitzg.er.ald, Iloe.1; Stogies, Finch NOES: None Motion Carrie'-Z., 5. 0 -3- CJ Moved by Councilman Stokes, sebonded by Councilman Dempster, to enact Ordinance No. 305. AYES: Councilmen Dempster, Fitzgerald, Noel, Stokes, Finch NOES: None Motion carried, 5-0 Ordinance No. 305 was read. B. ITSUO UENAKA-SPRINIG3DALE NURSERY: Appeal re: Application 1-V-65 for variance to allow a sign. 35' high.; Springdale Nursery, Saratoga -Sunnyvale Road. Denied by Planning Commission Resolution 244, Feb. 8, 1965. Council Resolution No. 1070, Mr. Uenaka, 19449 Via Madrona Court, Saratoga, and Mr. Melvin Peterson, of Ad Art, presented the rendering of the proposed sign, along with a sample of their letterhead stationery and pictures of their signs in Campbell and San Jose. Councilman Noel asked Planning Commission Chairman Gates about the reasoning behind the negative motion for this application. Chairman Gates said that at first, there was a motion to approve, but that it was a tied vote, 2-2. The following week, those 2 who had voted for this application reversed their decisions and the vote on the motion to deny was 6-0. It was felt that if this variance were granted there would be a flood of variance applications for signs. Mr. Peterson said the sign in Campbell is 60' high. Furthermore, all the Springdale advertising, letterhead, etc., utilize this design in order to create an image. Councilman Fitzgerald said he had to agree with the Planning Commission's reasoning. He felt that maybe the Sign Ordinance needs to be changed. Mayor Finch cited sign variances already approved in Cupertino: Mayfair, Boulevard Center, Portal Plaza, and Gemco. Councilman Fitzgerald said each of those variances were granted because of a hardship presented by the applicant. There is no hardship here -- they want to create an image. He would.rather see the Sign Ordinance changed than to grant this variance. Mayor Finch feels any small businessman needs just as much help as any large business in Cupertino. There was some discussion of rearranging of the sign, but, as Mr. Peterson pointed out, there is a minimum height.of lf'�' and a maximum height of 20' in which to work. All the illumina- ted portion of the sign is within the Ordinance. Mayor Finch asked for comments from the audience. There were none.. Moved by Councilman Fitzgerald, seconded by Councilman Noel, to close the.Public Hearing.. Motion carried, 5-0 -4- l Moved by Councilman Fitzger`ra:id, seconded by Councilman Stokes, to uphold the decision of the Planning Commission in that the granting of this variance wou�.d destroy the intent. of the Sign Ordinance. AYES: Councilmen Derr).pster, Fitzgerald, Noel, Stokes NOES: Councilman Finch Motion carried,.4-1. C ORDINANCE .002(a-1) :. Appea.1 procedvr.e f.or Use Permits. First.Reading. The City Attorney pointed 'out two changes : 1. The term "interested persons" is changed to its present wording. 2,. A change to make quite certain that eve,-ybody who has a right to appeal has time to appeal.. The City Attorney said that the term"interested persons" was used before and is used in the County Ordinances.' Chairman Gates wanted to call attention to the minority vote's opinion here. in that he felt the door should be left open for reciprocal agreements between neighboring cities. The City Attorney gave the First Reading of Ordinance 002(a-1). Moved by Councilman.Dempster, seconded by Councilman Fitzgerald, to close the Public Hearings. Motion carried, 5-0 D. ANNEXATION HEARING: "Mercedes 64-5 Revised." First Reading Ordinance No. 304. Attorney Dan Oneal, First National Bank B�u.ilding, San Jose, said that he represented Kaiser Cement and Gypsum Company, and that they objected to this annexation for the following reasons. 1. This land was p`archa.sed by Permanente as a buffer between the plant and the city. 2. Permanente now services the land with all'the services needed: water, fire department, police protection by the Sheriff's Office. No ' sewers are needed here. 3. The remaining lands of Permanente are almost all within the County of Santa..Clara. This will create confusion dividing it up among the various municipalities. 4. .They do not feel there is any'need for Cupertino to annex this property. . In answer to the direct question, Mr. Oneal said there is now a 1/4 section annexed to the City ofPalo Alto. He said some Years ago, Bermanente tried to have all their property green - belted. Permanente has no intention of developing this property; they only want it as a buffer. -5- The City Attorney said there are no objections to this annexa- tion in writing so it would be in order to have a First Reading and possibly take action at the Second Reading. The City Attorney read Ordinance No. 304. Moved by Councilman Stokes, seconded by Councilman Noel, to close the Public Hearing. AYES: Councilmen Dempster, Fitzgerald, Noel, Stokes, Finch NOES: None Motion carried, 5-0 VIII ORDINANCES AND RESOLUTIONS FOR ADOPTION A ORDINANCE NO. 302: Rezoning property of Angel Diaz from R-3-H to C-1-H; one-fourth of an acre, approxirmtely; north side of Stevens Creek Blvd., 408' west of Vista Drive. Second Reading. Moved by Councilman Dempster, seconded by Councilman Noel, to have Ordinance No. 302 read by title only. This was done by the City Cler?. Moved by Councilman Noel, seconded by Councilman Fitzgerald, to enact Ordinance Nn. 302. The problem arose in that no time limit was imposed in the Ordinance for having the street improvements done, which could affect the Stevens Creek Blvd. improvement program. Councilman Noel withdrew his motion; Councilman Fitzgerald withdrew his second. Moved by Councilman Dempster, seconded by Councilman Fitzgerald, to table this Ordinance No. 302 to enable the problem of the street improvements to be resolved. AYES: Councilmen Dempster, Fitzgerald, Noel, Stokes, Finch NOES: None Motion carried., 5-0 The City Manager said he would get in touch with the principals the first thing in the morning. B ORDINANCE NO, 303: Recreating Park & Recreation Commission. First Reading. Ordinance No. 303 was read by the City Attorney. Moved by Councilman Dempster, seconded by Councilman Stokes, that the Recreation Commissioners, in alphabetical order, will serve the following terms: the first three will serve for two years and the last two will serve four years. AYES: Councilmen. Dempster, Fitzgerald, Noel, Stokes Finch NOES: None ` Motion carried, 5-0 -6- 0 C RESOLUTION NO. 1052(a) : Amending Resolution No. 1052 to provide for co -paying agents in New York & Chicago, and D RESOLUTION NO,, 1.067. Selling $1,4-50,000 Principal Amount of City of Cupertino 1961E Planic-!.pa=i -:nrl,x.°over,,ent 13on.ds . The above Items C and D were deferred until completion of the computation by the City Clerk a.n.d Mr. Ze lle s . IX PAYING BILLS A Resolution: No. 1068 arld 1069. Resolution No. 1068 was read by Treasu.rer 1w.tzgerald, Moved by Councilman Dempster, seconded by Councilman Noel, to adopt Resolution Tall. 1068, AYES: Councilmen Dempster, Fitzgerald, Noel, Stokes, Finch NOES: None Motion carried, 5-0 Resolution No. 1069 was read by Treasurer Fitzgerald. Moved by Councilman Dempster, seconded by Councilman Stokes, to adopt Resolution No. 1069. AYES: Councilmen .Dempster, Fitzgerald, Noel, Stokes, Finch NOES: None Motion carried, 5-.0 X REPORT OF OFFICERS: A. REPORT OF CITY TREASURER He had nothing furt',aer to report. B. REPORT OF CITY MANAGER 1. Historical Landmarks Committee Budget breakdown is as follows: Dedication program, visiting dignitaries & others $125.00 Pcstage & printing 75.00 Photos 25.00 Mementos & remembrances to those participating 50.00 Miscellaneous 25.00 TOTAL $300,00 The City Manager suggested that bills should be submitted, audited and then approved 'by the City Council. The City Attorney quoted from the Government Codes in regard to this type of expend.ituare of municipal funds. Everything seemed to be in- order. M Moved by Councilman Fitzgerald, seconded by Councilman Stokes, to approve the $300.00 for the Historical Landmarks Committee. AYES: Councilmen Dempster, Fitzgerald, Noel., Sto.kes., Finch NOES: None Motion carried,.5-O 2. Mr. Bob Saich has applied for a business license to operate a tow service in Cupertino. Moved by Councilman Stokes, seconded by Coun.c-i:ltan Fitzgerald, that Mr. Bob Saich be issued a business license to operate a tow service in'Cupertino. Motion carried, 5-0 3. We have received a letter from Mr. Karl Belser, Director of Planning, in regard to the bridle.path. 4. The City Manager gave a resume of the program of the Feather River Project Association and recommended renewal of the membership. Moved by Councilman Dempster, seconded by Councilman Fitzgerald, to continue the membership in the Feather River Project Association and to pay the $25.00 membership fee. AYES: Councilmen Dempster, Fitzgerald, Noel, Stokes, Finch NOES: None Motion carried, 5-0 5. The County Executive has prepared a report recommending that the contract cities receiving Sheriff's Patrol Service be increased by 300 per hour, 6. County Assistant Director of Public Works states they have prepared 75% of the property title reports for the Stevens Creek Improvements Program. They are expediting the job. 7. The Los. Altos Garbage Company is requesting an extension of the time of their contract and an increase in rates. There was considerable discussion on this point. 8. The City is in the process of collecting on the delinquent business licenses. 9. Mr. Bona cich is willing to go along with the amended agreement in regard to the equal division of expenses in case, the city hall construction is started before the crop is harvested. Moved by Councilman Stokes..'seconded by Councilman Noel, to execute - he Agreement' with Mr. 'Bonacich. AYES:--Councilmeri'Dempster-, Fitzgerald, Noel, Stokes, Finch ' NOES None Motion carried, 5-0 S 10.. The City Manager reported on some of the i_ssuCs which came bef ore the City Managers' Meeting in Sacramento. 11. It would be advisable to have a s 2zrvey- made to ascertain whether or not a hospital is needed within the City of Cupertino. So moved, by Councilman Noel, seconded by Polancilman Fitzgerald. AYES: Councilmen Dempster, Fitzgerald, Noel, Stoles, Finch NOES: None Motion carried, 5-0 C REPORT OF CITY ENGINEER The Assistant City Engineer said that last week his department had a verbal confirmation that the HIgh.way Department has approved our Select System. Written approval is forthcoming. D REPORT OF CITY ATTORNEY 1. The City Attorney recommended the City Council adopt Resolution No. 1052a Amending Resolution No. 1052 to Provide for Co -paying Agents in New York & Chicago. So moved, by Councilman Stokes, Seconded by'Councilman Noel. AYES: Councilmen Dempster,.Fitzgerald, Noel; Stokes, Finch NOES: None Motion carried, 5-0 2. The City Attorney recommended the City Co'Un.cil adopt, Resolution No. 10.67: Selling $1.,450,000.00 Principal Amount of City. of Cupertino 1964 Municipal Improvement Bonds, naming Bank of America as Agent. The bonds are dated March 30, 1965,•and the cash should be available at that time. So moved, by Councilman Dempster, secor:lded by Councilman Noel. AYES: Councilmen Dempster, Fitzgerald, Noel; Stokes, Finch NOES: None Motion carried, 5-0 E REPORT OF BUILDING INSPECTOR The Chief Building Inspector had nothing to report. F. REPORT OF RECREATION DIRECTOR 1. The first meeting of the new Recreation Commission will take place on, Tuesday, March 2nd, .at - the Collins School Library. Mayor Finch said he plan-ned to be there. . =9- 2. A report on the third quarter for the Recreation Department shows twenty special classes (requiring a fee) with a base registration of 894 participants. The average weekly playground attendance is about 1800. G REPORT OF CITY PLANNER The City Planner gave copies of the County's Commercial Land Needs to each of the Councilmen. XI UNFINISHED BUSINESS A Camarda Complaint: Public improvements re: house -moving, 20030 Forest Avenue. The Assistant City Engineer said he had reviewed the storm drainage fees for the entire parcel with the applicant. The rear portion of his property is an orchard and he has said it will remain so and asked if it must be included in the storm drain fee. Councilman Dempster felt it would be unworkable as a general rule to pro rate this. Many homes in Cupertino have retained some of the fruit trees and it could get very involved. Mayor Finch asked if the Neighborhood Plan shows any street bordering on the back portion of this lot. The Assistant City Engineer said there was, but that it probably would not be developed for some time to come. Councilman Noel said he felt Mr. Camarda was complaining; not so much about the charge, as about his treatment at City Hall. The Assistant City Engineer said Mr. Camarda was told about the improvement costs and he became upset when he found they were higher than he had anticipated. Councilman Stokes asked if it is normal procedure to issue a building permit before these fees are paid. The City Manager said this home was moved down from the hills. The City sent out two building inspectors to check this out. Survey crews were out on the site three times. He felt Mr. Camarda knew all along what procedures he must follow. Councilman Stokes felt the City was wrong in that the normal procedure was not followed. Councilman Fitzgerald recommended the City set up a check list of procedures to be followed and in the future, hand each applicant a copy of it so he has something tangible to refer to. The Chief Building Inspector said there is such a check list which is given to applicants. When questioned, he did not know for sure whether one was given to Mr. Camarda. Councilman Dempster moved they proceed 'co the next order of business. -10- B Schedule Public Hearing on garbage franchise, The City Attorney said he has checked the contract as it now exists. The Mayor felt the City should be furnished an annual report; an audit should be provided and paid for by the. garbage company. Councilman Stokes felt that this was a private business and - how they run it should be their own business. If there is some question, it should be opened for bids. Councilman Dempster felt that all we should be concerned with is their gross revenue. He felt we should let this matter ride until November, when the present contract expires. Councilman Noel requested the City Staff find out what other cities pay and what specific services are included. Moved by Councilman Noel, seconded by Councilman Stokes, to have this matter on the March 15th agenda for a Public Hearing. Motion carried, 5-0 C City Hall Architecture. Mayor Finch reviewed the special meeting of February 24th, which was set up for the review of mission style architecture requested by a citizens' group. Only about 15 of these 450 interested persons came to this special meeting, The Mayor explained that.Mr. Blessing could not come to the Council meeting this evening because he is out of town, but he made the renderings available. Moved by Councilman Dempster, seconded by Councilman Fitzgerald, to open the Public Hearings, Motion carried, 5-0 Mr. David Laing, 21931 Oaknoll Court, Cupertino, reviewed the statements of Mr. Blessing at the special meeting. There were two renderings, one of which had overlays showing a modification. Dr. Joseph Brown, 10365 N. Saratoga -Sunnyvale Road, Cupertino, wanted to know what the difference was. It was explained that the top that is concrete on the one rendering could be tile. Mr. Louis Stocklmeir, 22120 Stevens Creek Road, Cupertino, asked if the rooftop is flat; he would prefer to see the the con- tinue to the top of .the roof. Councilman Dempster said that it is flat because.the mechanical workings are to be put up there. Mayor Finch said we should not be-to.o concerned with the colors on the renderings. They are giving us the shape of the building rather than the materials or colors. -11- Mr. Stocklmeier commented that this is a big improvement over the original plans. He preferred the one with the tile. Mayor Finch called for a five-minute break to enable the audience to closely inspect the renderings. Mr. David Laing said he liked the second propo, al because it had more architectural continuity. He added that wood sides could encourage carving.of initials just as well as wood posts, as suggested by the architect. He felt the all -tile roof and wood uprights add more continuity. He also recommended having the basement. Mr. Warner Wilson, 10237 Creston Drive, Cupertino, said he preferred the original rendering. Mr. Stocklmeier asked about the costs. Mayor Finch quoted figures from the Minutes of the special meeting. He said this proposal would constitute, a savings of about $54,000 over the original design. Planning Commissioner Robert Johnson said he agreed with Mr. Laing. He said a can of spray paint on the cement columns could do as much or more damage as carvings on wood. Mr. Earl McKelvey, 21783 Terrace Drive, Cupertino, said he does not see character in these renderings. He feels the architect took.all the ideas presented to him and compiled them into these renderings. Dr. Brown said he liked these renderings but would like to see the the followed through to the rooftop. He prefers wood columns, and feels the.wood sidingshould be.of a darker color. Mrs. Michael Kowitz,. 11072 Bel Aire Court,. Cupertino, said she is a new resident in Cupertino and wonders whether or not any instructions were given to the architect to inhibit his imagination. The Mayor said there have been no conferences with the architect since the special meeting which was requested by the citizens' group.. He said he would be skeptical, at this point, to ask for any more renderings. Mrs.'Bolby,.11124 LaPaloma Drive, said she prefers the the to go to the top . o.f the roof. She then asked if. this is then going to be the prescribed style for the rest of the Town Center. She was told that .it was not. .Moved by Councilman.Dempster, seconded by Councilman Fitzgerald, to close the Public Hearing. AYES.: Councilmen Dempster, Fitzgerald, Noel, Stokes, Finch NOES:, None Motion carried, 5-0 Moved by Councilman Dempster, seconded by Councilman Fitzgerald, that the basic concept and style of the rendering showing the the and cast stone roof -be the one used on the city hall. AYES: Councilmen Dempster, Fitzgerald, Noel, Stokes, Finch NOES: None Motion carried, 5-0 -12- The City Attorney stated this will be Ordinance No. 1071, Councilman Demp ter moved the Counci.l meet at the architect's office at 8:00 P.M. on Thursday, i.urch llt'1, to discuss details. Councilman Stokes felt a time limit should be set so there won't be any unnecessary delays. This will be discussed with the architect at that meet L).g. XII NEW BUSINESS A Appointment of Water Commissioner The City Manager was asked to check with Mr. Bonacich and applicants for previous vacancies to see if they are interested in this position. B Award to Time Deposit - $141,139.29. The City Clerk said the bids were opened at 2:00 P.M. on February 25th. They are as follows: First Valley Bank Bank of America Wells -Fargo Bank Crocker -Citizens' .Bank 4-1/2/ 1 year 4-1/4% 1 year 4-1/4/ 1 year 4-1/4 1 year Moved by Councilman Stokes, seconded by Councilman Dempster, co award the Time.Deposit of $141.139.29 to First Valley Bank at 4-1/2/ for one year. AYES: Councilmen Dempster, Fitzgerald, Noel, Stokes, Finch NOES: None Motion carried, 5-0 C Miscellaneous Mr. Don Bandley, Cupertino Realty, said he is acting as Agent for the Cali property at the corner- of McClellan'an.d Saratoga - Sunnyvale Road. He said he has been informed that Humble Oil's Use Permit has expired. There is some confusion as to effective dates. Mr. Bandley explained that they have knocked down the trees and put a chemical toilet on the property in preparation for con- struction, but that they had hit some snags that delayed the construction. The Building Department suggested they make out another appli- cation for a Use Permit, but they only have until March 15th to get started. Mr. Bandley feels that since ground work has been done, this cons"'itues startii:ig of construction and the Use Permit should still be valid. He asked for an interpreta- tion by the City Attorney. Councilman Dempster feels a staff report is in order here. He feels that removal of the trees const.tu.ted intent. -13- The City Attorney said that the one year time lim]Ltation is to kill dead applications, not living ones. Councilman Dempster asked if the architectural approval was based on the specific rendering. The City Attorney recommended we have a notice: of revocation and hold a public hearing. Moved by Councilman Dempster, seconded by Councilman Noel, that the cut-off date for having th.e foundation laid for this service station be set for August 19, 1965. Motion carried, 5-0 Moved by Councilman Dempster, seconded by Councilman Noel, that the fee paid for renewal of the Use Permit be refunded to Mr. Bandley. Motion carried, 5-0 XIII ADJOURNMENT Meeting adjourned at 11:40 P.M.., to March 11, 8.:00. P.M.., in the office of the architect: APPROVED: /s/ Paul H. Finch Mayor ATTEST: i City Clerk _14 . . CIT" OF C:JPE;t'¡'IiiO Ca ::'i~C:-l~::? l032l South Sa!'atoga-Sunn~."ale Rœ:i ~~pert1r~, Calif., 95014 ph: 252-~5C5 ImIUTES OP THE REGULAR MEETISG OP TX: CITY CQti!ICIL - !'arch 1, 1965 PLACE: Board Rocm, Cupert1no School Distr~c1; Of!,jce TIME: 8:00 P.M. I SALUTE TO THE PUJ II ROLL CALL: Councl1men present: Councl1men absent: D~~~ste~, F:tzge!'a1~, Noel, Stokes, Pinch .Non.~ Staft p!'esent: City Manager, Phil Storm City Clerk, Larrj ~¿rtin City Att~r~~y, S~m An~e~3~n City ?lar~~~, tdde La~r~n A~slst. City Er~1r~r., BGb Shock Cilief Building Ir...per.~or, B111 Bene'iich Recreat1o:1 D~rcctor, :;j~"""1 Parham Rer.ordin3 Secretary, Lois !nw~rds III \!IN"JTE.3 OF THE PP.EVIOUS Kô:..-:7:;;ùS - Feb. 15 & 2'.1, 1965 C01.mcll::-.an Stokes r.ú'Ì a cc'r:-ec:ion tv the J.!ir."'~es of Feb. l'Jth, 1"lrst paragrhph 0'"' page 1;:: ".. ° to i:-.ch,de th", pre-vision that if tr.e ~ree8 shcü.:::1 r.ave t::> te ~e~ove:l prior ~o harve~t of the f:'·.lt......" Council~an StlkeiJ ~ald t~at C~ ~~be 23, Ite~ B, or.e of th~ new Recreat:::>n COl1ni'2~i-:)ne:'~ ::"J }':¿.... I:not ~1rs..) ~tE:ve S,:,dlac~:. Moved b:-i Counc11:!'.3.:1 Stol~(~"'." se.:-):- : c..': :. r r.:··~r,:::'lTrü S..:>el, to ap"rcv~ the Minute~ of February l:;th a::; cC'r:'ccted. Xction carried, 5-0 Mo\-ed b~' ~ouncil:::"n Fitz¡;e:-:;.lio SE'ce-,.,dC'~ t.y C:;cæ^ilman Noel, that the ~anutes o! ¡·~bruar~· 2.:+th be app!"ov~d.. Motler. carri..d, 5-0 IV 1964 MtiXICIPAL IMP?OVE;·E°''1: z~1D SAG - $1,45:),000.00 The Bids were opened by the Cit7 Clerk and ~1:-. Herrr.a.n Zolles. of Stene_and Youngberg. Each bidder cubmitt'êd a $lO,OOC cashlerls ch~ck as þer notice of sale. Bids wer~ as follcwa: --- - 5.::..',.: Net ;'Tot of :;:::t. Nel I::~. Cczt Bar.k c:'" :=.lifCJrnla Unite= ~a:if. Bank ~a:J4, TJ3 .13 3.6;5ö% 773,336.25 3.51830% Bank cf A::erlca 760,386.50 797,913.ïS 782,620.63 3.435&'¡; 3 .605l~ 3·5359;' Wells-:a!'go Bank Crocker Citizens t The City Clerk and 1Ir. Ze11e¡¡ retired to another rc,>m to compu';e the t1.gureS. v ORAL A!U 1/Rl'l"l'EN C:X__.IIICATIONS ORAL: Mayer ?inch asked the a-.Jdience it there were any oral communi- catior.s :!eal1r.g with other than items on the agenda. There were r..c"'~e. WRITT~; : l. Le~~~r from Mrs. Ar~ Anger pretesting the ~_Ccr.t!'~l decision er. :~e Rintala apJlicatien. 2. .....e::er from C-rl:r. J'.a!'tin Ku!'.r. 1r.viting ;·1ayo!' F1nch to par:~,ipate ir. ~~~ cf~ic1al gr2~d-break~.g cere~ony at t~~ ~. s. Naval a~~ ~¿r~Le C~rp5 Research 7ra1nlng Center ~:-. .':'::"s'::-.eda. :1. l¿::-2-:' from r'.r. ·"::'l~ "2:': fiaa('~ regarding f:'~:~1jat.l-:-}n. .¡. Leo¡,;-~e.::f Cal1fe:"!'.1a ~lt1es 3'..:.:le~in. 5. Leo¡,;:-;e of Califcr!'.1;, :lt1cs ti-"-or.thly ::-.e-=-;1r.;: cf :'.arch :'')th a": ~ 3.~:lra Gar~er-.s ~ :'~:'''.lntal~ View. !'o':oved. ::: ':cuI!c1lrn&r. ~;c.e:. ::;I'".:~or.":""':: t"~ ~~t.:.!':.cl1~z:-. 2t:kes. to recel·....: :=.:-.J file the k~~t~(r. (",cIf¡:t::-.~,<·J.tl.:""'.3. ~oticn cari'~e:;, 5-0 __ h. E:=':: ::=.: CF' r¡~i3 P~;~¡:::} CC:·::·:I':)SIC~ Chalr~¿~ }ates said h€ r~~ nc spe~i~l repo~t, ar..y q\;e$:1l.:'.S the Cour.c:!.l :::.lght have. ~ .... . ~- wcul:' ar.5Wt:'r' B. R.:::~?:: CF THE ;"'1CHlTE..."'TURAL AND SITE I\pp:o:........:.. ~C:·t·:I7I'EE (Se¿ ~:inutes 01' Feb. 16 !It 23, 19(5) Chair~¿r. S~ll commented on the R1ntala applicaticn, say1ng tr.at the Ira!'. ,,:ready has the industrial zoning ar.:1 ~o, r.e wanta to upgrad€ ~~s buslness. r~ sho~ed the ~ock-up a!'~ the plot plan wh1ch Y:. ?1ntala had presented to the H-C~r.trcl. -2- !.~¡.:~ :'1r..ch felt t.1"-.rlt et:-eet i:¡¡prove;œ:.tr. would be justified on th1~ :¡:' f:'onl.d.;e c.:: Ste"/p.I:S Creek. Hls rea;;or.1ng was that this might be o~-:;;· onlY ;:-.ar..~p. tc ~:.;_CLC f.~:·CP'1; l:::pr:>...e:œnts on tt.ls ;>ro.,erty be~a"s<! this ¡in wLJ. ¡>!'cè-,::::' stP.~ ~n business here, now t~'C he is uf:;1'a'::!ing ~t. The City Attorne7 ,a~ t!'.~r" 1s no ct:ange in the u..·e 01" the land here; no ~ts arc required ¡:ere. <¡'he ¡¡ta1"r should check this out whether or net Wf, can re<;U1re ct.reet lmprovE:menta. Mr. R1nta1a ..1:1 œ 18 1eaa~g t.he pt·oP-...rl7 so he believes 1t wou1d be tbe obUpUon ot tœ p¡'ope!'ty owner. . He said there 18 a t1re biJ4raœ aøi a telephone p;¡l.e 111 tbe _7 ot the .Hsz-œ ot tile- s~1k. Moved by C0\IDC11aD Deqlllter, secondc.1 by counèi1D\n rltzgerald. to app:'CmI tbe dec1810D11 or the H-ccntrol. Ccuncll18n Stokes aaJœ4 the Ci':y Attorney 11' it 1s his (¡piniar, that s1Jlce the _n bas been in busines9 tor 1-1/2 years now, that thls 1s just ail improvement or the property. T1'o.. City Attorr.ey sald tœ:'e 18 no substantial cha~e .1."1 the use. The Ma)'?r c;1d not teel we U!KU.1d encourllge this r.an to upgrade his bu.31ness unl..ss we get the st!'cet iCl~·rc'leœnt~. þ.yr:..s : NOES: Counc! lmen: ~cunc ~l::-a:n: j~~pste~, Fitzgerald, No~l, Stokes P1!"."::t ~~(~C~ C2~r~pj, 4-1 -VII_ t'Ui\!.:::' ::":::.;'<:L'iGS A I. K. :.5HIMñTSU: ^;p¡~~~tlon 1-::-'.:.') fa!· ~ezor\lng f~"'J~ R-~:E-2 to PO-H; 2.'r é.:rcs, ..,~~t.:., 1..' of ;~111r.r Avenue, 10OC' s~~th of Stever~ Creek E~\~. A~~ro.ed cy Pla,~1r~ Co=1s~icr. Resolut1o!'. !;:¡. ,,:'3. F~t. 9, 1965. C.-1inanoe No. 305. Mr. :!i·..i:: Bergman, 5C3 Ftc 'T151.~, Sa:" Jellc, rcp!'eo:cnt.ed the appll:1~:. He said ~r~ presênt =~~lr~ Is actuallJ spot zon1r.g. The ;;rc~rty 18 surrcur.ded by C\;po>1't.tno High School, a church, ap&rt=e~~s, and a r::sery. Th¿ a~~lica~t woai~ llEê to pat up a me~~:a: and ~·o~e~31onal center" The C~t;y Planner sa1~ h·? r.3d f~l~ 1:. Wt':J~è. bp Ö%~a:"e desirable to 1r.~c!'í~rate t~e a:::aop.nt property in a~;( chanze In zoning an'! I"...v~ It a '.1 ur.der cr.e plan. ':hê nureery is a r.on-conto.":ning use. ::,~ church 15 ZGn~1 R-l. Mayer 1'1r.ch aaked tor cocnc!1ta 1"no". the a¡;.1ier.ce. There were none. ~oved t¡ =ounc11~~ Stokes. ccc~.ded by Councilman Dempster, to c lose tl".~ r....b'.ic I~"r 1ro6. AYES' NOES: Cc=.::ll"Mm De!::pl!tcr, Fit::scralr., I:,:,el, Stol:es, Pinoh X:=.~ :-.ot!(' . ',-s.rrle::. ~.') ~ ,'- Y.oved ÌJj Coundl.nan Sto::~~, beconded by counc~lœn Dempster, to enact Ordinance ~:). 305. AYES: Coun.::il~n De=-pster, Fitzgerald, Noel, Stokes, Pinch !iCES: None Motlcn carried, 5-0 Crdinance No. 305 ..as read. B. :L'l'SUO 1IENAKA-:3PRINCDALB NCR3ERY: Appeal re: Application 1-V-65 tor var1.ance~o a:i.low a slgn 35' high¡ Spr1ngdale JlQrsery, Saratoga~le Road. Denied by Planning Co~s8ion Resolvtlon 24.\, Feb. 8, 1965. Council Resolutlon No. 1070. Mr. Uenaka, 19449 Via ~drona Court, Saratoga, and Mr. Melv1n Peterson, 0; Ad Art, presented the rendering of the proposed sign, along .,1\.h a sacple of their letterhead stationery and pictures of their slY1" in Campbell and San Jose. Cou.''lcil:nan Noel aslœå Plannlng Commission Cha1rœn Gates about the reasonlng behini ~he negative motion for this application. Chairman uates sald tr4t at 1"lrst, there was a motion to approve, but t~~t i~ was a tled vote, 2-~. The following week, those 2 xho had vrted 1"or thls a?~lication reversed the~ decisions and the vo'.;e on the met! 0:: -:'0 deny was 6-0. It was felt that if ~hls variance were ~a~~~d there would be a flood of variance applicatiens for sig!'~. Yr. P~terson said t~~ E~;n in Campbell js 60' h~gh. Furthermore, all the Springdale a=~e~t~s~r.g, lettcrhsad, ~~:., ~tilize this ~es1gr. in order tc ~~~a:~ a~ lma~e. :ouncil::an Fitzge~a:= Ea1~ h~ had to agree w1~:: the Planning :~mmlssion's reasc~~~~. ~e felt th~t mayt~ ~L~ S~~~ Ordinance ~eeds to be changed. ~4yor Finch cited slg:: 7a!'1~nces already appr~ved in Cu~'rtino: Yaytalr, Boulevard ~~~~~~J Portul Plaza, a;A :s:.~c. Councilman ?ltzgerald said each ~:' '.;~ose varit.nces were ;;:!'ar.te-:l because of a hardsh1p preser.te:; t:; t:-.e appl1c',nt. There is r,o hardship here __ they want tc ,!'~ate an ime_ge. He wou11 ra~her see the 31gn Ordinance char.¿:e= o,;:-.an to grant this var~ance. M&yor Finch feels an:; ~~ll bus1nessman nae1s just as much help as any large business 1:: Cupertino. .here was some discuss1cr. 01" rearrang~ng of t~2 sign, but, as Mr. Pete!'son pointed cut, there is a minlmum height of l~1 and a maximu~ height o~ 20' In which to work. All the illumina- ted portion of the slgn is wlthin the Ordinance. Mayor Finch asked ~or co~nts 1"rom the audience. There were none. Moved by Councilman Fitzgerald, secorAed by Councilman Noel, to close t~e Publlc Hearing. X~o,;ion carried, 5-0! -4- }:.)7('d by CU.1I".dlman Fitzgerald, secon1~d by Co'.mciJ~.:m St.cìœ3, tv uphold ttæ decIalen of th~ ?lar~ing Co~~ic~lo~ in t~~t the g~ant1ng 01" this varianc~ would destroy t~e I~tent of the Sign Crdinanc!!. AYES: NOES: Councl1me!1 Dempster, Fli::-:,·;r-3.M:I Noel, Stokes Councl1man Flnch Motion carrled, 4-1 C ORDINANCÉ eX.'2(a-l): l.aaal þrvcedure for U3C Permits. First l'Iead1ng. The City Attorney pointed out tw~ changea: 1. The term "lntereated persons n is changcd to Its present wording . 2. A change to mite quite certain that eve~ybody who has a right to appeal haa time to appeal. « 11 The City Attorney said that the term interested persons was used before and Is used in the County Ordinances. C~4irman Gates wanted to call attention to the minority vote 's cpinlon here in t~~t he felt the door Bheuld be left open for reclprocal agreements between neighboring cities. The City Att~rne7 gave the First Reading of Ordlr~nce 002(a-l). !';0\"ed by Councl;.~.£."'l DelT.pt}ter, zcccn1ed toy C0W1cl1r.],:"\n Fitzgerald, to c lc~e the P·.;~:..:: Hearl~.3:!. Motion cQrr~~j, 5-0 D. ;"~;:::XATION H3;_-=.:~iJ: "::~I"cedcs 64-5 ~ev!sed .. Flr:.t f.l:a11ng C~j1~~nce No. ;:~. Att:::::T.ey Dar, Cr.eal, First N:ltlcna: i:.ar..k ~ji:àiC'....;, S:i::' .....·:J3e, 3a~i t~~t h~ ~'~pre~cnt€d K3iser Ce~~~~ ar~ Gy~su~ C0~pa~y, ar~ t·hat they cb:ecte1 ·...0 t~'11s :'~r.n~Äat~,,:.~. 1'::.:" the> foJ.lGttir.g reasons: 1. ~hls land was r-·~chased by P~r~n=~te ~s a buf~er between the plant arA the city. 2. P~!'~anente ~ow services the land with all the services needed: water, fire departme~t, police protection by the Sheriff's Of1"ice. No sewers are needed here. 3. The rema1nlr.g lands of Permanente are almost all within the County of Santa Clara. This will create confusion div1dir.g it up among the various municipalities. 4. They do not 1"eel there is any need for Cupertino to a}¡r.ex tr.is property. In answer to the direct qtl~s':;~on, :T. ~eal Eaid there Is nOli a l/q section a~exðj to the City of Palo AJto. He said sc~ yec:.r3 a~o, Permane:l~e trlco. \0 hay;::; ?ll "'.;.r;,"'> ~!' t:.·rop~rty green- belted. Perm&r.er.te . r.as no l:-.tenr.!Gn O~· ":0' J~ luplng ;-nls property; they only want It aa a b~rfer. -:... The C17Y Attorney said there are no objections to thi~ ar~exa- tior. l~ ~iting so it would be in order to ha1e a Firat Heading and pc~slbly take action at the Second Reading. The C1~)· Attorney read Crdina..ce N.'. 304. Moved 1:y Councilman StokeG, seconded by Councilman Noel, to close ~r.e Public ¡¡car1ng. AYES: NOES: Councilmen Dempcter, Fitzg~rald, NGel, Stokes, Finch None Motion carTied, 5-0 VIII ORDINANCES AND RESOLUTIONS FOR ADOPTION A ORT)INA.!¡CE NO. 302: Rezoning pr~perty 01" Angel D1az from R-3-H to C-I-H; one-tourth ?1" an acre, appröximately; north side of Stever~ Cre~k Blvd., 408' west of Vista Drlve. Second Reading. Moved 1:y Councllma~ Dempster, seconded by Councilman Noel, to have Crd1nance No. 302 read by title only. This was done by the City CierI'. Moved 1:y Councilman Noel, seconded by Councilman Fitzgerald, to enact C~dinance N~. 302. The ,~ctlem arose in that no time limit was imposed in the Ordi~:~oe for having the street improvements done, which could affeo! :~e Stevens Creek Blvd. iæprovement program. Cour.o~:"3.n Noel withdrew his æotiC'n; Councl1man Fitzgerald withi:~. ~is second. Movei t~· :ouncil::-.á:l :J€æp"t"~, secv::,~"d by Coc~.cil"'an Þ'itzgerald, to t3."t:~ this Ordlr..ar.ce No. 30: ~o enable ~re problem of the stree~ ~T.prGvements to be resC'èved. AY~: :-:'"..lr.cl1men :'::IT.:-:::t~r, F:!.~:·,-:era:1 ~~cel, Stoj{es, F~nch NCE.;~ : :; Jr.e :':otion carried, 5-0 The :~~;; ;·:ar.ager sald he weald ¡;t?t in touc:> with the prlncipals the :'~~s~ thing in tr.e mornir",. E ORDIXAX:~ NO. 303: Recreating Park & Recreation Commission. First :.e:Ung. Ordina~ce No. 303 was read by the City Attorney. Moved ty :ouncilman :Jempster, seconded by Councilman Stokes, that tr.e Recreatlon Commissioners, in alphabetical or~er, will a~rve :r.e t~llowing terms: the tirst three will serve for two years ~~1 the last two will serve four years. AYES: NOES: :ouncilmen Dempster, Fitzgerald, 1Ioel, Stokes, Finch Xcne Motlo~ carried, 5-0 -6- . . c' RESCi.-.::::~ :;C'. 105'2'a): Amer,d1n; !'.e~olut1on Nv. 1:52 to prov1:'-:- :c=- co-~:.~:'::..g agent:J ~n :,ew Y.:~k &: ChIcago, ar.d D RESCU."::CX sa. 1on7: Selllne; $1,1:5: ,oc Pr!.,-:.dpal Amo'.mt (Of City C: (>.lpe-:otino 19'",'1 Mun1c~ ¡:a 1 :c;r ,-,¡ement i:onda. The abcve Items C and D ware derer;-e:i \1,~t,11 cù:nplet1on of the c.mputat1on by the C11;7 Clerk and Yo:'. Ze:!.len. IX PAYING BII.J..3 A Resolutions No. 1068 and 1069. Resolutior. No. 1068 was read by Treasurer F1tzgerald. Moved ty Councllman Dempster, sece~ded by Councilman Noel, to adc;:: Resol¡;.ticm 110. 1068. AYES: NOES: :c~~cilmen Dempeter, Fitzge!'ald, Noel, Stokes, Finch SCüe ~~t:1on c~.rriej, 5-0 Resc::..:.":~:~. ~o. 1069 was read by "":':-'?::'::"..Jrer F....tzger2.:d. ~ovej ::.- ::,u:-.:~11mar. :~=:;,ster, se~:r.j,ej by Cour.c:!.lrr.an Stokes, to ai:;: :'_esoluticr. :':. :069. ;\YES: ~:-·:::~11mer. ~e:"".;.~~er Flt=~-...::.::"J., :~o,=,l, 3~cke3, Flnp\-¡ ~OE~: '":-:-.¿' :..~:'"::!.o:" ~àI·:'~~:. ~o J: REFC:'.: ' C?FlCERS; ;.. REPC:.: __ ::7Y TR""'...s·'::~ He h3.:: :-.::t.1r-ð ftJ:"t~.e:'" ~c r~t:oI:. _e REP'::.: ~? ::TY ='.A~;;"::L..~. 1. :-::¿::::-:!.:al Iar..:!~.a.:"it3 :cIl1lt.1tte¿ 3"..::';:et bre¿;'Ì{d,:~.;~ Is 3.S : _ .....:·0\"3: ::-..:: :~ P25 . CO 75..00 25.00 50.00 25.00 $300.00 :f:~:.~~icn proë;ra:.. vls1t~r.g ::~::11tarieB &: ot;.;~ers r:~~~;e ~ printlr¿ ~¿::.¿::~C"s & rer.emtra.nces to t~:..:~:? participating :·~~~.:~:la'1eous ,.....-.... .,I. .._.",,_ ~r¿ :ity !~nager s~~eated t~~t bills 8ho~ld be submlçteà, a~~~:.1 and the~ approved ~y the City Cou.~cl1. ?~e :~ty Attorr~y q~o"ed fro~ tte Govern~~nt Codes in !'e;;:'.:-:! tc this ty?<! ot ex;;endit·.:.:-o of :I:1.1I11c1pal fl.C1ds. EYe::-y:.r.lng seer.r..eå co be :1!l crê.c::-. -7- ~Gved (7 ::~~c:lã3n Pltzge~a:~, ~e~c~dej by ~ounc~:~n Stckes, to app!'c~= ~te $300.00 fc~ ~~e Hlst:!'lcal Landmarks Co~1ttee. AYES: KOES : ~:~~l:~en ~ecPðt~~, Tl~zZ:~ .:~, ~.... ,. .. .,.......4, Sto;Ces, Finch s:::~ ~oti~n carried, 5-~ 2. Mr-. Bob '::.a~ch has appl:1cQ fc~ e. 1:;¡s1::Ë~~ l1ce'1S"! to operate a tow serv!:e 1n Capert1no. Moved by Ce~~cllman S~ckes, _~condej 1:y Councilman Fltzgerald, that Mr. 50b Salch be 1uued a bus1::ess l1cen3e to operate a tow serv~.::e 1n'Cupert1no. Motlon carried, 5-0 3. We have ~ceived a letter from Mr. Karl Belser, Director Of Pla1.n1ng, in regard to the bridle path. ~. The City )'.al'2.ger gave a resume of tt'.e ¡:.'ogram of the Feather River ~~:~t Associatlcn and recc~e~dej renewal ct the members::~;: .. Moved 1:y ~:uncl1man Dempster, secCl'.de~ by Council~An Fitzgerald, to cont1::.~e tt:e membership in the Feather River Pro~ect Assoc1at!:~ a::d to pay trÆ $25.00 ~~te:5hip fee. AYES: }';OES: ::·:.:~:~en Dempste~, Fitzge~a:j, ~cel, StO~~2, Finch ,-~- . .'...': :~c~~::::. carrie:, :-: -. 7r.~ Cm.:.:·.:::- :::x-:-:":.tlve r.E.3 ;:-eparcj Eo :-¿o;.:':'t recorr..":".er.111".g that ~~e COL~~~:: :~tie3 re:~:7~.~ 2~~r~::'~ ?~trol Serv~ce be increase: :y 32; per ~~~ .. :~'Jnty ~sst::~~~ Dl~ec~:~ -~ prepare:; :Of .::' 1;he prc.-=:-::; :rt:ek :::-.;::- ':·;-::"7.¿:-.ts Pr:.g~.::. -~. P,lbl1: '.:::-"5 states t:-,e:¡ have title ~c~::"~5 for the 2~eve::s ':'he:; :.:-~ ~:-:~~~!.ttng tr.':: :cb. The ~$ ~~~:s J3rba~e ~c~par~ 1s ~e~~~~~~.g a~ ext~~sion of ~r..e tl::.= ::" :::-.e~:'" cor.tra=:t and an '=":-.::'"¿3.3e in rates. ':'here vas co~~~:~~~::e d18c~s~c~ en thl~ ;:~~t. _. The City :~ ~~ che prcc~ss 0f col:e::~:-~ ~n the =el1~quent t".lSlnpss. ::_2:-.ses.. ..... l'.r. Bc:-~a::.~:-. '="3 willing to go alcr..g ¡.;!.th the amer"d~j agreerr.~r.~ ~:: rega!'~ ~: ~he equal d1'¡is10n of ex¡c¿!'.ses in case the city ~~ll COl'~~:-'¿~lcn is started before t~e :rop ls harvested. ~oved by ~:·:..::il~An Stokes, seconde~ :~ :o~cilwßn Noel, to execute ~~.¿ .-tg:'eement w1th I'r. Bona::1~;.. AYES: )lOES: Cc·:.c~:~r. Dempster, Fitzgera::;, Xcel, Stokes, Finch Nc:-,e Met10n carried, - - :;-... ~ -,- · .. :'0. Ti:e ~ ~'., :.'a:-_'l"cr rE p::rte~ on 5c::e·.::f tt:~ 1.66'0.'(;3 which came :,~c=e th~ Ci:y ~Â:-~gers' Xeetlng ln Sacra~nto. 11. It ~:~i ~e advlsa~le to have a s-;rvey ~~de to a3certain whetr.e!' :!' n0t a h~spital is ~ec~'~ within the Clty of Cuper~':'::~. SO EVe-:!., by CO'.Jllcllman Noel, secc:1:!cd \;y !:(;ù.~cllman Plt~!'a:Ll. AYES: Ness: Counctltr.en DeCIP&~er, P1tc¡';':'ald, Noel, Stokes, Pinch ~¡one Motlcn carri~d, 5-0 C REPORT OF ::7ï ENGINEER The Assis~a::: C!_ty Engiœer sald that last week hi::! departr:>ent had a "ert.:l: ~ontirmatlon that the HjghW'iY Del ·.rtrr.ent has approved C~ Select Syste~. Written a~rroval is 1"orthcoming. :> P.EPORT C? ::::- ATTORNEY 1. The :~:7 ;'ttorney rece=endcd the ;;ity Council adopt Resc:~~~:~ ~o. 1052a A=ending Resc:utlo:1 No. lC52 to Prov~: ~ :~::- Co-paylr.g Agents in ::?',<J Yor-k &:. Chic£¡,go. So r:;:'.'::, t1 COlIDci'-"'n Stokes, Se::r_jed by ~u'-'-"1cl1man Noel. AYES: :,:·.:.~l::':ren ~'=-;'5~er, Fltz;2:"ald, Noel, St~kes, Finch NOES: .' .:':-.~ :.~c-;.:.::.=-. ~D.r~·l~-:'. ;-~ 2. The :-~:7 .....~~..:>rne:i :",=:::,:,::,.c:-1cd. th? :i::t Ccùncl1 ad0pt Resc:"_"::::-. :~a. :;:C-.~: S·_:':'~:,: ~:._;:,OOO.CO Prlncla;:al be..:::: ::' :~:y of :'...;.~r:' t:...." 19:::'':' :-: :1p..~ 1 I:"p:-ove:r.e:1t Bonè~. :"'-='::.!..:"''; Bank c~ ~~ert(,~ :.s ;.Z·-:-·~. ':.!...: b'J:,j3 ar-e date': ....:"::-. jJ, 1;.65, ::"-..:1 tr.c ca.::: ~.:ould bs available at t:..::.: -:~::',:? So i..:...£':'. ::; ~oü.:1ci:'::;ë.!". :'empst:::=', se~':" 1ed. by CO..J.c11mar. Noel. AYES: NOES: 2:':.=llmen :Je::y3te:-, F1t=;;er~l::1, :Joel, Stokes, Finch ~: :::e ~otion carried, 5-2 E REPORT CP =-'::~I~G INSPECTOR The Chief x1:ilng Inspector r.ad nothi!'" to report. P. P.EPCRT OF ?.E:?2;.TICN DIREC'J'OR l. The t1!'s~ ::eeti"lg ot t,..., l:e>l ~;cc,.~at~or. Commission will take ¡::a.:e Cr'. 'l'ueZ5day. Y.arch 2:::', at 4:.u:. Colllr!3 School Llbrarl. :zyo~ Fl~ch sald h~ pl~:~ej t~ be th~~e. -,,- , .. 2. A rer~rt on the third quarter for the Recreation Department shows t~enty Siccial cla~3es (requiring a fee) with a base registration o~ 894 partioipant~. The average weekly playground attendance 13 about 1800. G REPORT CP C"I'¡'Y PLAlfflER The City Planner gave copies 01" the County's Commercial land Needs to each ot the CounclllDEn. XI UNPINISHED BUSINESS A Camarda Compla1nt: Public Improvements re: house-movlng, 20030 Forest Avenue. The Assistant City Engineer said he had reviewed the storm drainage fees for the entire parcel with the applicant. The rear portion of his property is an orchard and he has said It will remain s~ and asked If it must be ircl~ded in the storm drain ~ee. Councllman Dempster 1"elt it would be unworkable as a general rule te pro rate this. ~~ny homes in Cupertino have retained some cf the fruit trees and it could get very involved. Mayor Finch asked i1" the Neizhborhood Plan shsws ~ny street borderi.~ on the back portion of this lot. The Assistant City Er~ineer said there was, but that it probably would not ~e developed for so~~ tl~~ to come. Cour.cll"..an Noel said r.e felt :'iI". Camarda was co:nplaining, not so :nuch a~out the c~rge, as about tis treatment at City Hdll. The ~ssistant City Er~iLeer said ~:r. Ca~rda was told about the i:n;;rove...ent costs and !:e becamE! upset ..hen he found they were higher than he had ant icipated. Councl1~n Stokes asked if it is normal procedure to issue a build1r~ permit befo!'e these fees are paid. The City t~nager said t~is home was moved dewn from the hills. The City sent out twe building inspectors to check this out. Survey crews were out on the site tr~ee times. He felt Mr. Ca~~rda knew all alo,.~ what procedures he rm.\st follow. Council::-.an Stokes felt the City was wrong in that the normal procedure was not followed. Councllman Fitzgerald recommended the City set up a check list of procedures to be 1"ollowed and In the future, hand each applicant a copy of It so he has something tangible to refer to. The Chief BuiJñ1ng Inspector said there is such a check list which is given to appllcants. When questioned, he did not know tor sure whether ~~e was given to ~æ. Camarda. Councilman Dempster mo.-cd they proceed to the next order o~ business. -10- - B Schedule ?.:.bl1c H::rr1ng Cr". garbage franchise. The Cit¡ _~~~orney sa1d he has checke.J. the contract as it new exists. :::e Y.ayor felt the C::.ty should be 1"urn1.shed an annual I'i!;C!'t; an at:dlt should be pr::-ó1ded and paid ror by the garœ.;;e company. CouncllDEJ: Stokes 1"e1t tbat thls was a pr1vate bu81ness and bow the7 = 1t should be the11' own t",¡slness. It there 1s some ques:1on, it sbou14 be opened tor bids. CouncilR:l Demp3ter t'elt that all ,,~ should be concerned wlth ls tbe1r gross revenue. Ee f'elt we should let this .tter r1de until November. when the present contract expires. CouncllDE':. Noel requested ~he City S:att 1"1nd out what other cities ;£7 and what spec1t1c servic¿.' a"e Included. Moved by :~=cl1man Noe~, seconded OJ Counc1lman Stokes, to have :~..:.s matter on the !>'.arch 15::: agenda tor a Public Hearing. ~otio~ carried, 5-0 City Ha:: ."=cI~tecture. !>'.ayor F~~:~ rev1ewed tr.e special ~~¿~~r.g of February 24th, which KSE $~t up for the ~~v1ew of ~sslon sty:e árchitecture request¿~ :y a :1t1ze~s' gr~up. Or.:, about 15 ~f these 450 1nteres~-=: ;erscns ca::e t:: this spe2:'3.1 meetlr..g. The Mayc:- ~xpla1.:"'.ed ~:-..ã:' :-':. Bless!~.; ~culd r..0t COtr.e t:) the :::ounc11 ,~=~lr.¿; this e-ó~r.~r-t bcc:n.:-c ~e is ou: ~f to...,--., but he made ::_-= renierlr";3 :i-"=.~:able. ~':oved b)' :~';.r.~1::'"'.:..r. :'~=-p'::"~:::', sc~c:-.':"i by C01..1r.=::!.l:r.ar. Pitzgerald, to oper. :.-~:- P"..lb:~c ne:;.:"~~.~:-_ ;.~(.~~(.:-. ~arrledJ 5-0 !#r. Dav1: :.alr-€;, 21;;:;: ::ac.:.:1~ourt J C~pcrtl!'.::, reviewed the statemer.:~ :'t ~:r. Bless~r.~ at th~ s;.~=13.1 rr.ect~:--6. ~:-.ere were two renè~:~~~s, or.e of wh~~h had oie~:~ys show~r~ a ~~lflcatlon. ~r. Jose;~ ~owr., lO~S5 ~. 5a~atog~-~'~nY/a]e 2J8d, c~rtlno, wanted t C ..::'.2IW what t~~ ':i~frerence ·'::.5. It was expla~ed that the top ~C¿~ 1s concrete er. the one ::nderll1g c~uld b~ tile. Y.r. Lou1~ 2:acklmeir, 22¡2~ Stevens è:eek Road, Cupertino, asked it the rc~:-:ap is 1"lat; he would prefe:, to see the tile con- t1nue to ~CÆ top 01" the rocf. Counc1:::an DemDster said that It ls fla: :ecause the !%JE!cr.an1cal work1ngs ar~ to be put tip tþere. Mayor F1r.c~ said we should ~ot be tee ~or.cerned with the colors on the re~~:,lr.¡;s. Tt.ey are giving ~ the shape of the bul1ding rather th&.::. the rnate:-1a:'s or colors. -11- Mr. S~xk:meler .:~r¡:ed tr.a~ this 1s a big 1mprovement the orig1nal plans. ~ preferred tLe one w1:;h the tHe. over MaJ'Ol' Pinch cal~ tar a 1'lve-lII1nute break to enable the audlence to cloae17 1Dspect the rer.derings. Mr. David Laing said !Ie 1ilced the second proposal because It ba4 1IIOl'e arcb1tc..:&.ura:l eont1nu1tJ. lie added that wood sides coWd encourap ~ of 1n1tiala ,1ust aa wel1 aa wood posts. aa 3ugest8d bJ tile ardlltect. He felt ~he al1-t11e roof and wood u¡r1ghts ad4 .... cont1nu1tJ. He also recOlllDleDded havillg tba ba_nt. 1ÍIP. WarDer V11aøD. 101237 C1'elltoD Drive. CUpeñ1Do. said he PNterred the arfci,1la1 reø1er1ng. Mr. Stock1lœ1.e1' Ui1œd aIIoIIt the costs. Ma7ar J'1nch quoted f1S1:res trOll the JUmatea of the special meet~. He said this proposal wou1d cOll81;it1doe a savings at about $54.000 over the original dea1p. Planning Comm1ss1oner ~rt Johnson said he a~eed with Mr. laing. He said a can 01' spray pa1nt on the ceœnt columns could de as much or more damage as carvings c::-. wood. Mr. Earl McKelvey, 21783 Terrace Drive, Cupert1r..o. sald he does no~ see character ~ these renderings. 5e feels the archite:~ took all the ~~as presented to hi~ ar.d cempiled them 1r.,;;o these render1!:;gs. Dr. Br01o'. said he :iked ;hese renderings b'Jt would like to see the tile followed throug:. to the rooftop_ He ~e1"crs wood columns, and feels the v~ slding should be c~ a darker color. ;lrs. ~l1c~.3.el Ko"itz, llc-2 Bel Aire Court, Cup':!'tino, said she ls an"" !'esident in Cupe:"tlno and wonders whe';her or not any inatruct~ons were given ~o the architect to inr~bit his imag1nat~on. The :-'.ayor :,=.ld there have been no con1"eremes wlth the architect since ';he sQecial meeting v~~ch was requested by the c~~izena' group. 5e said he would be sE-eptical, at this po1nt, to ask for an:¡ mG:"'i! reooerin¡;s. M!'s. Bol~y, 11124 LaPalo= go to the top of the roof'. going to ~e the prescribe-: Center. She was tol:1 tha'; Drive, sald she pref'ers the tl1e to She then asked if t:hls is then style for the rest c~ the Town it was not. I Moved by :ouncllman Dempr..er, seconded by Counc1lman Fltzgerald, to close ~he Public Hear~. AYES: Cc~cilmen De:npster. Fitzgerald, Noel, Stokes, Flnch JlOES: Ncr.e Mot~ carrled, 5-0 . Moved by Councilman De~r. seconded by Councl1man Fltzgerald, ~t the basic concept an! style 01" the reooer1ng showing the t;S,h and Mst stone root be the one used on the olty ha11. ø:ES: C~~cilmen De1Çllter. Fitzgerald, lIoel, Stokes, Pinch JIIDES:, None Motloc carried, 5-0 -l2- j 1 ~.~ ~ , . ~ ) y~ City A~~:-~ey ~tat~ t"~~ ~111 be Crd~nance N~. 1071. =ouncl1rnar:. :::==~t~r mo,,·e.;! 't~-:..r: Councll :neet ~t the a.rchitect's o:'fice at 8::-:'? .:-t. on T1":n'¡;~<q, r:u'ch 11th, to dl:iCUS8 details. C---ilman S::;ces 1"elt a t1:>e 11!:.1.t should be set so there _'~ be ar~ '-L.~eces81U'7 deJa7!l. This will be dlBcuased wlth ~ architer~ at tr~t mee~~. xu _ œsINESS A ~1ntment c~ Water C{ t..~ODer t!be C~tJ' Mar.a<;<;!r was ask!!!d ~ check wl';h l.fr. Bor.ac:1ch and ~'Hcants for prevloua yacanc1es to see if they are interested ~ ~b18 po~1:1vn. B AiIra..-d to Ti",~ Jeposit - $:''=':l.l39.29. The City Cle~;c said the b~s Ver~ opened ~t 2:00 P.~. on ~~ry 25tc.. They are as tollows: :?~st Vall::: :::_ink ~ or Ame:-:':,l íóe::s-Fargc :,::,;,: :~'j=Ler-C1":~:-;.:s t Bar.k ...-:/2% --1/"4~ ~-l/~% ..:.-1/~;:; 1 year 1 year 1 year 1 year !".c..~:ì by CC'::-..::'l::mn Stc¿,::.r ':-=::~:lded by ~o"..J.j1cl1rr.ar. :.::-::::;ster, ,_ "'...ard t~.¿ ::':::e Deposi~ :: Z:.·n.l39.2? to First -;",:_:',=:r Eank =.": --1/2:::; f::- :::e year. ~~~: Cour.::_~en Dempst~~.r ?~~z~eralâ, ~cel, Stc~~~.r :~~ch .;:~: Non.: :·1ot~~=-_ ~::.=-r::'edJ 5-0 ~~:=llaneC".:.~ ~~. ~on Ba~~:~~, Cup~rt~_= ~~~:~YJ said he 1s actj:.g as ~gent .7- ~he Cal"!. ;:-vperty at ~:-~ :::J:":ler of :;.::Clellan s.::: 5a:-stoga- ~-.r_:::;vale fie:.::. He said r.e r..a.s been informed that ::·.:.-::è:'e Oil 's ~=-~ ?ermlt :-¿5 expired. =:-~~e 1s some ccefuslon a~ to e~fectlve =-='-:·-e-s. :-r::-. 3andley €x>¡ained thao; ~be:; have knoc;wtl down :::-_-<;! trees and ~'-- a chemic:.:' toilet on tbe prcperty in preparatl~r. fer con- :!~=-.;¡ctlon, b~: that thp.y :J2.:! h:l.t some snags that delayed the ::x.s"ructlor.. 'Z:.e :!?'ullding :epartment s~ested they make out a!lotr.er appli- ca::1on 1"or a :'~e Permit, !Jut they only have until :J.ar::h 15th t·~ ~t star::e::. Mr. Bar.dley :reels that since grou:-.å work has bee::! done, tt.~s com:lltues s~artlng of constru::tlon aoo the ase Perm:1t st.:~:d still be Tal~d. He asked tor an lr.terpreta- t~ by the C:'~:i Attorney. C~:11man te::¡:ster feels a .taf'~ report 1~ in ord~r here. ¡':e reeîs that re~val of tr~ t~s cons~itu,eè intent. -13- The City Attorney said that the one year time l1~~latlon 1s . to kill dead applications, not living ones. Councilman Dempster asked 1t' the architectural approval was based on the spec1r1e renderlng. The CltJ' AttorDQ' recommended we have a notice ot revocation and hold a publ1c bearil13. Moved bJ' Coœon-n Dempster. seconded bJ' Cou~cilllBn N,·el, that the cut.-ort ðate tor havlng the tOlmdatlon 1ald tor this servlce stat10D be set tar August 19. 1965. - Motlon carried, 5-0 I ¡ , Moved by C_1t.aD Dempster. sec(.,¡oled by Councllaan Noel. that the tee pa1d tor renewal ot tn. Use Permit be ref'unded to :4r. Band1eJ'. Motlon carried, 5-0 XIII ADJOURNMENT Meeting adjourned at ll:40 P.M., to March 1l, 8:00 P.M., In the o1"1"ice ot the archltect. APPROVED : Isl Paul H. Finch Mayor A'1'l'EST: f~<>"'\U-f' I- I"L:,~, City Clerk ~ t -14-