CC 04-05-65kc C o . 2
10321 South Saratoga--Su1� ,:y—vale Itc...ca 252-4r,05
C I T_Y O F C U P E R T I N 0
n
MINUTES OF THE REGULAR T,TEETING OF THE CITY COUIlCIL p April -5, 1965
PLACE: Board Rocco, Cupertino School D7_str ct' Off i.ce
10300 Vista Drive, Cupertino, Calif,
TIME: 8:00 PoM,
I SALUTE TO TIDE FLAG
II ROLL CALL
Councilmen present: Dempster, Fitzgerald, Noel, S,to:ikes, Finch
Councilmen absent: None
Staff present: C:;.-:y Manager, Frhi.l Storm
City Attorney, ,_am. Anderscin
Director of Public Works, Yrank Finney
C Lty Clerk,, Larry Martin
City ln-j.gineer, -Bob Shook
City &; Traffic Planner,. Adde Laurin
Chief Building Inspector, Bill Benevich
Recreation Director, John Parham
Recording Secretary, Lois Inwards
III SELECTION OF MAYOR AND MAY -OR pro. tem.
Mayor Finch expressed his thanks for the cooperation he has
received this past year from the Council, the City Staff, and
Cupertino Citizens.
Moved by Mayor Finch, seconded by Councilman Stokes, to nominate
Councilman Dempster for the office of Mayor for 1965.-66.
Moved by Councilr,.i:an Fitzgerald, seconded by Councilman Stokes,
to close the no -min- pions .
The vote to close the nominations:
AYES: C0-wncilmen Fitzgerald., Noe'l, Stokes, Finch
NOES: None
ABSTAINED: Councilman Deimp�--,tei^
.,Not o,n carried, 4-0
The vote on the nomination:
AYES r Councilmen Fitzgei�al.d, Noe:l, Stokes, :Finch
NOES: None
ABSTAINED: Councilman Dempster
Motion carried, 4-0
The new Mayor Dem-pster complimented former Mayor Finch on his
many accomplishment; for the City of Cupertino this past year.
He then introduced his wife and 'two children,, commey-.il,ing that
their cooper_ at on ar-id under standing made his duties easier to
perform.
Moved by Councilman Fitzgerald, seconded by Councilman Noel,
to nominate Councilman Stokes as Mayor pro tem..
Moved by Councilman Finch, seconded by Councilman Fitzgerald,
to close the nominations.
The vote to close the nominations:
AYES: Councilmen Fitzgerald, Noel, Finch, Dempster
NOES: None
ABSTAINED: Councilman Stokes
Motion carried, 4-0
The vote on the nomination:
AYES: Councilmen Fitzgerald, Noel, Finch, Dempster
NOES: None
ABSTAINED: Councilman Stokes
Motion carried, 4-0
IV MINUTES OF THE PREVIOUS MEETINGS - March 11 & 15, 1965.
Moved by Councilman Stokes, seconded by Councilman Fitzgerald,
to approve the Minutes of March 11, 1965.
Motion carried, 5-0
Moved by Councilman Finch, seconded by Councilman Stores, to
approve the Minutes of March 15, 1965.
Motion carried, 5-0
V ORAL AND WRITTEN COMMUNICATIONS
WRITTEN:
1. Copy of letter from Mr. & Mrs. Robert Wallace regarding
police pursuit policies.
2. Legislative letter from League of California Cities.
3. Letter and Resolution from Anaheim objecting to Bills
AB346 and AB431.
4. Resolution from Ventura County Board of SL;.pervi.sors re:
Citizens for Decent Literature.
5. Resolution from Long Beach in favor of 2% telephone in lieu
tax.
-2 -
ORAL:
1. Mr, John J. Hayes., J.r�,, attorney representing Dr. Harry
, ._Thompson, whcie TJ e Permi* was denied at the
Planning Commission level; apr •a].c.d. and subscquently denied
by the City C oIMO it .
Mr. Hayes stated that he fe.lt he application for Use Permit was
ambiguous. He and the applicant have attem.pt,!ed to make applica-
tion for a business license for tha.s same address and they were
tvxaned down. Mr. Hayes then sent a letter to the City Manager,
asking that this matter be put on the Council .agenda again.,
The objection to granting of the b1,-z,].ness license was that this
property has County C-1-H zoning. Dr. Thompson is, at this time,
asking to open a veterinary office only at this address; he has
a veterinary hospital at another location. Attorney Hayes felt
that a veterinary office would be classified as a "professional
use " and, thus, would. go in a C-1-H zone without Use Permit.
Attorney Hayes asked the City Council to reconsider this matter,
based on the above statements, and that Dr. Thompson be granted
a business license for a veterinary office at 20432 Silverado,
Cupertino.
Councilman Finch asked the City Attorney's opinion on this.
The City Attorney stated that on March 9, 1965, a memo to the
City Manager from the Chief Building Inspector stated his
grounds for refusing to issue the abot,e-mentioned business
license. This property is zoned C-1-H and the contemplated use
here resembles an operation suitable in an M-1--H zone, as a
finding of fact.
The City Attorney advised the Council that the Use Permit was
denied after Public Hearings at both Planning Commission and
City Council levels, There were objections to this proposed
use from Cupertino Citizens, as set forth in the Planning
Commission Minutes of January 11, 1965..
The City Attorney further stated that; it would be an ultra vires
act to grant a business license for a location which it had
already determined to be improper for the..contemplated use.
The City Attorney stated that., as far as the City is concerned,
this matter is terminated.
Mayor Dempster asked the City.Attorney what the applicant's
recourse would be now. The City Attorney.advised that the
applicant has exhausted hi.s .admini;"trative , x,emedy already.
The City Attorney suggested this type of activity would take
an M-1 without Use Permit or a C-2 with Use Permit; it would
not qualify under C-1-H i,ith Use Permit,
Councilman Fitzgerald felt that if there has been a change in
the proposed use, the applicant should corrie in with a new Use
Permit application.
-3-
Attorney Hayes repeated that it was his op-1,nion that this is a
professional us" He felt that the only way this application
could be denied would bc to deny that a veterinary office is a
professional use. He em-�ha.sizcd that tl,.-.!s is not another step
toward getting a veterinary "clinic" or an "out -patient opera-
tion" into this location,
Councilman Finch stated that tl_e applicant had rna.de overtures
in the original application that the use wou.,ld beessentially
the same as he is now proposing.
Councilman Finch said the Use Permit was denied because it
involved noise, odor and was impossible to police to see that
the Use Permit was complied with. These matters were fully and
completely covered in the Public Hearings at the Planning Com-
mission and City Council levels.
Moved by Councilman. Finch, seconded by Councilman Fitzgerald,
to deny Dr. Thompson's application for a business license for
a veterinary office ac 20432 Silverado.
AYES: Councilmen Finch, Fitzgerald, Noel, Stokes
NOES: Mayor Dempster
Motion carried, 4-1
VI A. REPORT OF TI'E PLANNING COMMISSION
1. Mr. & Mrs. Elms: Application 5-V-65 for a Variance to move
a fence to the property line; 20840 Pepper Tree Lane.
Denied by Planning Commission Resolution No. 251, March 22,
1965. Council Resolution No. 1084.
Chairman Gates said the Planning Commission found nothing in
the application that would warrant this Variance.
The Chief Building Inspector said that another application for
Variance has been filed by Mr, Elms. This time, they are asking
for a lesser Variance.
Moved.by Councilman Finch, seconded by Councilman Stokes, to
adopt Council Resolution No. 1084`, denying 5-V-65.
Motion carried, 5-0
2. ' D. J. McKeeman: Application 6-V-65.fo.r a._,Variance'to allow
two 5' side yards where a total of 151, each at least 61, is
required; Lot.N.o. 4 in;Deep Cliffe Estates No. 3 Approved
by Planning Commission Resolution No, 2.52, March.22, 1965.
Council Resolution No..1085
Chairman Gates said this is a peculiarly-shaped.lot which is
difficult to put_a house on.
The City Planner said the original request was for 5' side yards
on both sides. The.Planning Commission recommended.a 6' side
yard on the one side be maintained, but retained the 5' side yard
on the other. The applicant was agreeable to this.
-4-
-Moved by Councilman Stokes, seconded, by Councilman Noel., that
Council Reuol.c.tion 11o. 1055 be adopted as per P,C. Resol, No,252,
Motion carried., 5-0
B. REPORT OF THE ARCHITLCTURAL AT.\D SITE APPROVAL COMMITTEE
(See Minutes . o.f Mardi 23, 1065, )
Chairman Horgan said lie had nothing fto2ther to add to the
Minutes of the last meeting, but welcomed.any questions by.
the Council.
h:. Applicat i.on 172-.HC•-65, H,uxable Oil, 1330 Broadway, Oakland,
resubmitting for.Architectural & Site approval to construct
a -service station to be located on the NW corner of
Saratoga -Sunnyvale Road and McClellan Road.
Councilman Fitzgerald abstained from this application review.
Mr. Bill. Rogers,. 2614 Aragon Way, San Jose., reviewed the pro-
posed plan. He said it .is essentially the same, except for the
roof materials. The new roof materials they had planned to use
has not as yet been approved ,by -the Fire Marshall. Instead,
they will use -thick-butt asphalt shingles, on both the station
and the detached canopy. There will be Palos. -Verdes stone on
the front of the building and the planter boxes, as designated
by the H-Control..
Councilman Stokes asked if this is the same as was presented
and turned down by the City Council at their last meeting.
Mr. Rogers said. that essentially, this was so; only the roof
materials have been changed.
Chairman Horgan said the H-Control Committee had explored the
station designs and materials thoroughly and believe this is the
best that Humble has to offer.
After checking the Planning Commission and City Council Minutes
on''both the Mobil station application for Stelling and Stevens
Creek Blvd. and the history of the Use Permit for this corner,
Chairman Horgan said the H-Control Committee does not feel a
precedent has' been set.
The Chief Building Ipap.ector then briefly reviewed the H-Control
decsiois for app.l.c.ation 17-I1C-65 .(a sign for ,the 49er Bottle
ShoppE) , �75-HC - 5 .(a.. sign for .Te,.rr.i.'s Dog - Salon & Shoppe) , and
314' IBC-63 (Mrm CYiadwick's- request ,for..;permission to put- n office
'trailer behind his sign, at the rear'. portion of . his, Autbrama car
lo-t a-s an interim measure,.,for l-year, because he has received
the franchise to sell a Japanese car.).
Moved by Councilman Finch, seconded by Councilman Noel, to
approve all H-Control decisions on applications reviewed on
March 23, 1965.
Motion carried, 5--•0
-5-
The Chief Building Inspector then introduced Ordinance No, 306
to the Council. He explained this is a compilation of all
previous H-Control Ordinances. This has been carefully compiled
and reviewed by the H-Control Committee, the City Attorney, and
the City Planner. He requested that it now be referred to the
Planning Commission f or.Public Hearing.
So moved, by Councilman Finch, seconded by Councilman Noel.
AYES: Councilmen Finch, Fitzgerald, Noel, Stokes, Dempster
NOES: None
Motion carried, 5• 0
The City Attorney advised copies of Ordinance No. 306 be sent
to the Councilmen.
VII PUBLIC HEARINGS
A. PARK L. MURRAY: Application 4-Z-65 for rezoning 1.22 acres
from R-1:B-2 to C-1-H; west side of Mary Avenue, between
Stevens Creek Blvd. and Junipero Serra Freeway. Denied by
Planning Commission Resolution No. 249, March 8, 1965.
Appeal.
Councilman Fitzgerald abstained from this Public Hearing,
Mr. Gene Lacey, 20648 Shelley Drive, Cupertino, put a diagram on
the bulletin board showing the whole area and its present and
proposed land uses. An on site review of the land indicates a
condition which is not conducive to apartments or R-1 being
built on this property. The freeway, the P.G. & E installation.,
and the corporation yard are all contributing factors.
Mr. Lacey said they had some doctors interested in putting a
clinic here until they realized a corporation yard would be
next door.
This applicant wishes, to put in an operation similar to a hard-
ware store.' He will be going before the H-Control Committee
with architectural and site plans. It is his opinion this would
look more sightly from the freeway than the land would if it
were left neglected.
Councilman Noel asked what kind of business this is. Mr. Lacey
said it is a welding supply company with no outside storage.
He showed a picture of the applicant's present business location.
It is a cement block building, neat in appearance. The City
Manager, to help identify this business, said it is located
across the street from the Water Department now..
Chairman Gates said that, as a result .of the'P1a.nning Commission
reviewing this application, several considerations were reviewed
regarding land use immediately adjoining the freeways. Chairman
Gates was emphatic about his feeling that the freeways will be
vital to Cupertino's image. He said, "This is a billboard for
the City of Cupertino! People will be going through Cupertino
on the freeway from Santa Cruze to San Francisco." He felt the
church was a valid use.
Chairman Gates Said the City's corporation yard was br ought up
at this same meeting. The staff vras instructed to look in:to
alternative u cs To-' lanr:.s adjacent to 'the fieewa�Ts.
Councilman Finch comp e—,-ited ,.that R-1 homes, with laundry flapping
in the breeze, doesn't do much for Cupertino is image either.
And P.G. & E. leaves something to be desired as far as their
landscaping is concerned. He.was.concerned how this applicant's
buildings would be built and maintained. He was in favor of
this applicant's proposed use of the land.
Councilman Stokes asked what will happen on the other side of
Mary Avenue and south cf the corporation yard. He felt that,
before a decisio;i is made, they should take a look at the
entire area.
The City Planner said the proposed land use for this area
includes a church, a residential cluster development, and the
freeway. The Sunnyvale side of the freeway is presently zoned
residential.
The City Planner cautioned the Council that this application is
not for a particular use; it is for commercial zoning and there
is always the possibility that it might be sold and some kind of
strip zoning could be started here. Ile felt -the City could
control this better through Variances and/or. Use Permits,
Another point the City Planner brought up.is that there is an
access problem here because of the freeway profile at this point.
Chairman Gates said this City has some good resources; this
intersection is a priceless location. It will have an impact
on the value of every lot in this city.
Mr. Walter Ward, of Vallco Park, said that Mr. Lawrence Halprin,
the landscape architect, advised that we make the lands adjacent
to the freeways "greenways." Mr. Ward said he endorsed Chairman
Gatest thinking on the subject.
Mr. Lacey said he agreed wholeheartedly with Chairman Gates and
Mr. Ward. It was his opinion that if.Cupertino can make their
corporation yard aesthetically pleasing to look at, this
applicant can make his business look at least as good as that.
Councilman Stokes said he is not convinced this is a good
location for the corporation yard,. ,He understood] at the time
it.was decided to purchase this property, that if.the.,Council
decided this was not a good place for it, the land could always
be sold by the City and they.,could look elsewhere for a better
location.
Moved by Councilman Stokes, seconded by Councilman Finch, to
close the Public Hearing.
Motion carried, 4-0
Councilman Noel said it seemed to him that if this is approved
at this time it will be the beginning of a lot of different types
Of uses here. He feels that perhaps this applicat_on is premature,
-7
Moved by Councilman Noel, seconded by Councilman S'l:c.kes, to deny
application 4-Z-65.
Mayor Dempster felt that tie City Pla.nncr Y s report should be
heard before a decision is made.
Councilman Finch agreed that this application .i.s probably
premature. He feels, however, that the use is appropriate.
The applicant was asked if he preferred a decision tonight or
if he would be willing to have it postponed in order to have
more information reviewed. Mr. Lacey agreed to the postponement.
Councilman Noel withdrew his motion; Councilman Stokes withdrew
his second,
Moved by Councilman Finch, seconded by Councilman Stokes, that
application 4-Z-65 be postponed indefinitely, until the City
Staff has made its report and then to have it placed back on
the agenda.
Motion carried, 4-0
B. ORDINANCE 110. 220(e) Cluster Ordinance, Zones R-1-C, R-2-C,
R-24-C, R-3-C
The City Planner explained that this Cluster Ordinance has had
numerous Public Hearings and Study Sessions. Comments from the
audience centered on density (increased density should not be
allowed as a normal procedure but could be considered in some
instances) and on public utilities requesting more flexibility
(in case there is difficulty with terraine, etc., underground
utilities might not be feasible.)
The City Attorney stated he has reviewed this Ordinance with the
City Planner and already made his recommendations.
Moved by Councilman Finch, seconded by Councilman Fitzgerald, to
have Ordinance 220(e) read by title only. This was done by the
City Attorney. He stated it will be enacted at the time of the
Second Reading.
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, approximately; N side
of Stevens Creek Blvd., 408' W of Vista Drive. Second
Reading. Postponed from March 1 and 15.
A letter from Mr. Angel Diaz was sent to the City, explaining
in detail his intentions for this property.
Moved by Councilman Finch, seconded by Councilman Noel, that
Ordinance No. 302 be enacted,
AYES: Councilmen Finch, Fitzgerald, Noel, Stokes, Dempster
NOES: None
Motion carried, 5.0
Mayo1, Demp3tcr ca1_l1ed for a five-minute recess. P.1.ctures, were
taken of t:h.e former and. the new Mayor and Mayor pro tem.
B. RESOLUTION NO. 1083: Approving Agreement for the Improvement
of Stevens Creek Blvd. from Highway 9 to Lawrence Expressway.
Moved by Councilman Fitzgerald, seconded by Councilman Finch, to
adopt Resolution No. 1083.
AYES: Councilmen .Finch, Fitzgerald, Noel, Stokes, Dempster
NOES: None
Motion carried, 5-0
IX PAYING BILLS
A, RESOLUTIONS NO. 1079 and 1080.
Resolution No. 1079 was read by Treasurer Fitzgerald.
Moved by Councilman Stokes, seconded by Councilman Finch, to
adopt Resolution No. 1079.
AYES: Councilmen Finch, Fitzgerald, Noel, Stokes, Dempster.
NOES: None
Motion carried, 5-0
Resolution No. 1080 was read by Treasurer Fitzgerald.
Moved by Councilman Stokes, seconded by Councilman Finch, to
adopt Resolution No. 1080.
AYES: Councilmen Finch, Fitzgerald, Noel, Stokes, Dempster
NOES: None
Motion carried, 5-0
X REPORT OF OFFICERS
A. REPORT OF CITY TREASURER
He had nothing further to report.
B. REPORT OF CITY MANAGER
1. Corporation yard.
It is the opinion of the City,Manager that the corporation yard
is right for its present location. He displayed a rendering of
the proposed treatment of landscaping,. He said this is the
type of structure and improvements that are developed along
freeways. The State is having a corporation yard adjacent to
the freeway, also. These yards will be properly landscaped.
There will be Monterey pines planted along the perimeter.
They are fast growing trees.
Councilman Finch felt the staff should not spend any more time
or money on development of this corporation ya-rd until a decision
is made whether or not to change its lccatiol—
Councilman Fitzgerald felt they should start looking for another
location. Councilman Stokes agreed. He added. that grading and
trees will improve this property and that Cupertino is not
needlessly spending money and time on it.
Councilman Noel said he goes along with keeping the corporation
yard where it is until they Gan come up with another more
suitable location.
Councilman Finch felt that chain link fencing and surfacing
amounted to quite an expenditure, and the Council should decide
whether or not this is a good location for the City's permanent
corporation yard.
Councilman Fitzgerald agreed with the Planning Commission that
we should look for another location. If application 4-z-65 is
approved, we will be getting more applications for similar uses
here.
Mayor Dempster said the succeeding City Council might not feel
this is a proper location for a corporation yard. He did not
feel this Council could decide that this is the permanent location
for it.
MINUTE ORDER:
Moved by Councilman Finch, seconded by Councilman Fitzgerald, to
authorize the City Manager to complete the corporation yard as
was originally planned, with the following stipulations:
1. There will be a building there for a warehouse.
2. Storage bins.
3. Paving of a portion of the yard.
Motion carried, 3-2
2. Raise in water rates.
The Water Commission has reviewed the revenue analysis, showing
income and expenses and are recommending a 15% increase in rates.
Moved by Councilman Stokes, seconded by Councilman itzgerald,
to have a special meeting with the Water Commission to discuss
the water rate increase.
This motion was withdrawn.
Moved by Councilman Fitzgerald, seconded by Councilman Finch, to
publicize the fact that the water rate increase will be on the
agenda for the next regular meeting.
Motion carried, 5-0
3. Fisher Well Water Rate for Irrigation
The City.Manager reviewed the proposal on this for the Euphrat
and Nathanson ranches, which was included in his written report.
-10-
Councilman Finch ask'ad if the City 8s insurance covered this type
of situation, He was told that it does.
Councilman Stokes does not feel the City sl-LoUld be in the rental
business. The City Manager said that, as the property is sold,
this operation will phase out. The situation was "inherited"
along with the well from the Fishers.
Moved by Councilman Finch, seconded by Councilman Stokes, to
adopt the rate schedule for the.Fisher well as recommended by
the Water Commission
Motion carried, 5-0
4. Four 1/2-.ton pickup trucks
The State has four of them which Cupertino can purchase at $1000.
The City Manager felt the Recreation and Parks Department and
Engineering Department could each use one and the Public Works
Department could use two of them.
Moved by Councilman Stokes, seconded by Councilman Fitzgerald,
to authorize the City Manager to purchase these four pickup
trucks for the City from the State,
AYES: Councilmen Finch, Fitzgerald, Noel, Stokes, Dempster
NOES: < None
Motion carried, 5-0
5. The City Hall needs more room.
The present City Hall quarters are already quite cramped, and
the City Planner needs an assistant and clerical help. The
City Manager recommended the Council authorize him to rent a
trailer for $90 per month until we can move into the -new City
Hall. It could be parked back by the Building Department.
So moved, by Councilman Finch, seconded by Councilman Noel.
Motion carried, 5-0
6. Assembly of God Church on Stelling wants to put up a tent.
Moved by Councilman Finch, seconded by Councilman Fitzgerald, to
Postpone this item for further discussion with the City Manager.
Motion carried, 5-0
C. REPORT OF THE DIRECTOR OF PUBLIC WORKS
1. Homestead Road Improvement Project.
A meeting was held in the office. of Mr. J T. PottI, County
Director of Public Works.. It is presumed t�i.s project will
qualify for. Urban Extension matching. funds; Mr. Somers, of
Sunnyvale, voiced their objections, stating their policy of
"no free street improvements." A compromise was reached wherein
those parts of the project which still fronted on undeveloped
Sunnyvale land would not have a c.irb or pa.rkinS shoulder construc-
ted Running lanes would be unaffected, b-at, a 22 .rJoulder and
either dike or drainage si;,ale world be con.str oted in these areas.
_11-
This was the only objection voiced. The County will make the
application.
There will be an immediate need for a traffic signal at Homestead
and Wolfe Roads as soon as it is opened to the public. The
County volunteered the use of a controller; Sunnyvale offered an
overhead signal head. The County will do the installation if
Cupertino will provide maintenance and power. This was agreed.
Councilman Finch asked if there has been a report from Vallco
Park as yet. The Director of Public Works said there will be
a meeting with them in the near future.
Councilman Finch asked about the status of the Bubb Road bridge
and realignment of the creek. The Director of Public Works said
he has discussed this with Mr. Crump and has done some checking
with the County Flood Control. He feels the situation is worthy
of some re-evaluation.
Councilman Stokes questioned whether there has been communication
with the Public Utilities in regard to Stevens Creek Blvd. and
Homestead Road. He would like to see them do any necessary work
underneath the streets before they are improved. The Director
of Public Works said they are planning ahead as much as possible,
but as lands become newly developed, it is difficult to project
their needs. The City Manager said we have an Ordinance whereby
any changes must be bored under the new street.
D. REPORT OF CITY ENGINEER
The City Engineer said bids have been received for construction
of median curbs on Wolfe Road, south of Calabazas Creek, to
replace the asphalt. He recommended the contract be awarded to
Zipse Paving Co., Inc., the low bidder, for constructing ex-
truded curb at a contract price of $1,600.00.
So moved, by Councilman Finch, seconded by Councilman Fitzgerald.
AYES: Councilmen Finch, Fitzgerald, Noel, Stokes, Dempster
NOES: None
Motion carried, 5-0
Moved by Councilman Finch, seconded by Councilman Fitzgerald,
to adopt Resolution No. 1075, Accepting Roadway Dedication from
Angel Diaz.
Motion carried, 5-0
E. REPORT OF CITY ATTORNEY
1: Resolution No. 1081, Authorizing Issuance of Warrant for
Purchase of Property for $104,000.00, was read by the
City Attorney.
-12-
Moved by Couxzc=�.lm .n Finch, seconded by Councilman Stokes, to
adopt Resolution No. 1081.
AYES: Councilm.en Finch, Fitzgerald, Noel, ,tok_es, Dempster
NOES: None
Motion carried, 5-,0
2. The City Attorney read Resolut-1.on No. 1082, Accepting
Grant Deed from Trams-Atn.erica Title Co.
Moved by Councilman Finch, seconded by Councilman Fitzgerald,
to adopt Resolutlon 1082.
AYES: Councilmen Finch, Fitzgerald, Noel, SJ11-1okes, Dempster
NOES: None
Motion carried, 5--0
MINUTE ORDER:
Moved by Councilman Finch, seconded by Councilman Fitzgerald,
to instruct the City Attorney to prepare an urgency ordinance
levying a hotel -motel tax and have it included on the agenda
for the next regular meeting.
Motion carried, 5-0
E. REPORT OF BUILDING INSPECTOR
The Chief Building Inspector brought to the Mayor's attention
that, as of this date, the lot. owned by Robert Barrett (or
Barrett Enterprises), located on the SW corner of Blaney and
Pacifica Drive is in the same condition as it was prior to the
court case of the City of Cupertino vs. Robert Barrett. The
trailers and the form materials are still located on this property.
Moved by Councilman Finch, seconded by Councilman Noel, to
instruct the City Attorney to go ahead with court proceedings
on this matter.
Motion carried, 5-0
F. REPORT OF RECREATION DIRECTOR
The Recreation Director reported the newly -formed Commission is
currently meeting once a month at the Collins School Library.
They plan to meet more frequently when the park sites are
Purchased. Their first meeting was devoted to'getting acquainted,
discussing objectives, election of officers, and discussion of
Ordinance No. 303,
At their next meeting, tomorrow night, they plan to explore
ideas of park development and financing. They will have guest
speakers in both fields, They also plan to discuss a priority
program.
The Recreation Department has been offered a large, unsinkable
boa.t .
Councilman Finch felt a joint meeting w_'.th the Recreation Commis-
sion would be in order; It was set for the f_r•st Tuesday in May.
-13-
G. REPORT OF CITT PLANNER
Mr. Walter Ward has brought to the attention of the staff and
the Planning Commission difficulties with the zoning ordinances.
These are set forth in the Planning Commission Minutes of
March 22nd .
Moved by Councilman Stokes, seconded by Councilman Noel, to send
Resolution 1089 to the Planning Commission for review.
Motion carried, 5--0
XI UNFINISHED BUSINESS
A. Telephone in Lieu Tax - SCA 17 (League of California Cities
requests recommendations from cities to support or oppose.)
Moved by Councilman Finch, seconded by Councilman Stokes, to
support SCA 17.
Motion carried, 5-0
B. Councilman Stokes was concerned about the time schedule in
getting the City Hall drawings. The City Manager was asked
to check with Mr. Blessing on this.
C. Councilman Noel said the Board of Supervisors have indicated
they will purchase land adjacent to the creek for the Stevens
Creek Park Chain; however, this park chain will be interrupted
between Stevens Creek Blvd. and Fremont. They will purchase
land up to Montebello Ridge. The Park Chain Committee was
subsequently disbanded because they have served their purpose.
D. It was brought up at the last H-Control meeting, and picked up
by the newspapers, that the service station at Bubb and
McClellan was gathering signs and debris. The operator was
upset by that type of publicity. The Building Department went
out and checked this and found the station in fine shape,
except for a banner, which the operator promptly removed.
XII NEW BUSINESS
A. Vacancy on the Water Commission,
Moved by Councilman Finch, seconded by Councilman Noel, to appoint
Mr. George P. Bonacich to this vacancy because he made application
for it and is as qualified as anyone else would be.
Motion carried, 5-0
B. Awarding. ;of. Time Deposit.
The City Clerk said the four bid-s for the $450,000.00 Time Deposit
were opened at 2:00 P.M. on April. 1. He read the bids.
Moved by Councilman Finch, seconded by Councilman Noel, to award the
Time Deposit for $450,000 to First Valley Bank at 4-3/8% for nine
months and 4-1/2/ for one year.
AYES: Councilmen Finch, Fitzgerald, Noel, Sto�:es, Dempster
NOES: None
Motion carried, 5-0
-14-
The City Clerk said the bids for the Time Deposit of one million
and one dollars were..the same from all four banks.
Moved by Councilman Finch, seconded by Councilman Noel, to split
the Time Deposit for the one million and one dollars equally
between Bank of America, Crocker -Citizens, and Wells -Fargo;
First Valley was not included in this split because they received
the previous Time Deposit.
AYES: Councilmen Finch, Fitzgerald, Noel, Stokes, Dempster
NOES: None
XIII ADJOURNMENT
ATTEST:
Motion carried, 5-0
Moved by Councilman Noel, seconded by Councilman Finch, to
adjourn the meeting at 10:40 P.M.
City Clerk
APPROVED:
-15-
J. Robert Dempster
Mayor
l032¡ ~outh Saratcg~-r~~~le Re~d
252-4505
C I T Y ~,p C ~: .!'~:r_~ N 0
Ca 11 !'o ~:,,:o!
--.-~ OF _THE REGULAR lo!EETl!iO OF THE Cl'lY COUNCIL - April 5. 1965
PLICB: Bœrd Room. Cupertino ~hool tistrict Ot't'ice
10300 Vista Drive, Cupertino, Cal1t'.
'rDIB: 8:00 P.M.
x SALUTE TO TIlE FLAG
:II ROLL CALL
Councllmen present:
Councilmen absent:
DeiJ¡p:;ter. Pitzgerald. Noel. Stoke5. Pinch
Non~
Sta1"1" present:
City ~mr~ger, Phl1 Storm
City Attorrey, Sam ~~erson
D::.J"eo:. t:Jr of Public Work~, F¡-3!1k Finney
Ctty Clerl~1 100:-:'::-)' r".art:~
City Englnecr, Bob Sho~k
C ~:;y &: Tra1"tic Planncr, M:1e !aurin
C::!cf IhiJ.d1ng In"p.,ctor, Bill Berievich
r.5-creation Dlrectcz', :chn ?é.òl'har.1
Recc=dlr~ Secretary, ~1~ !;~ards
II: .s:EIECTIC:\ O¡;' MAYC?~ :.~-.J IfAYŒ1. 'P!'O tem.
~yor Firch expresse-:l hl:: thanks ~or the coc;;,,::,ation he has
recelved this past year trom the Cc~ocll, the City Sta1"1", and
Cupertino Citizens.
!'!oved by l'.ayor Finch, 5cconded by Cou.~cl1Il12n S~e;œs, to nominate
Caunclln:<:n Dempcter ["0::' the effice 01" M.:lyor 1"0!' 1955-66.
Xovcd by Councl1man Pitzgerald, seconded by Cc'_,,--.cilman Stokes.
to close the noiil1n.:¡tiol13.
Thf> vote to close the nom1natlons:
AYES:
BOES:
ABSTAIK==>:
Councllmen P~tzgerald, Noel, Stokes, Flr.ch
None
Councllcan Dc~p3ter
Motion carried, 4_0
,
The vote on the nomination:·
AYES:.
JIOBS :
ABSTAINED:
,
Councilmen Pltz~~ald,
NO:'le
Councilman Degpster
~.ot:l~n ca!'ried, 11_0
Noel. StOkes,-Pinch
-1-
-
The new ~¿¡cr Demp8te~ coœpll~nted former Mayor FL~~h on hie
ca.ny accç:fl1shrnents fer the City of Cu;;ertlno t~ past year.
Be then introduced his rJ'''! a!'.å two chlld::oen, cOCKœntlng that
their cooperation ~r.d u=xi¡,;-;¡tandiI1.; -:-a;le his d'Jt1es easler to
perroI'm.
IIoved by Councilman Fi~~rald, seconded by Councllaan Neel,
_ to nom1nate Councllaan stolœs as 1'.a,yor pro tem.
IIoved b7 Councilman P1Dcb, seconded by Councilman P1tzgerald,
~o close the nolll1natioaa.
'!be vote to close the ~.atlona:
riBS:
1IŒS:
ABSTAINED:
Councilmen Fitzgerald. Noel, Pinch. Deçater
None
Councllaan Stokes
IIotlon carrled, 4_0
The vote cn the nolll1Datlon:
AYES:
HOES :
ABSTAINE: :
Councllmer.. Fitzgerald, Noel, F1nch, Dempster
None
Council~ Stokes
Motion carried, 4-0
!õ JI.INUTES C:' :'HE PRE'IICUS !Œ':::'INGS - :1.3.::och 11 a: 15, :;.65.
JIIoved by :ouncilman S'tckes, seconde::' by CouncilJr.a:-. F':''tzgerald,
'to approve the Minutes ct March 11, 1965.
~~~1cn car~led, 5-0
Moved b)' ':-ouncllman Fir..::', seconded by Council...:an .5'tùl'.es, to
approve t~e ~l1nutes :;;~ !'.arch l5, 1965.
JI~tl~~ carried, 5-0
.. CRAL AND iß!TTEN CO~r:ATIONS
WRITTEN :
1. Copy or letter ~02 !II:r. & Mrs. Robert W1\llace regarding
police pursuit pol1cles.
2. Legislative letter ~m League of Call1"orn1a C1tles.
3. Letter and R~80lutlon from Anaheim objecting to Bills
AB346 and AB43l.
4. Resolution !"rom Ventura County Board 01" Supervlsors re:
Cltlzens 1"or Decer.~ Literature.
5. Resolution 1"rom LoIIg Beach In favor 01" 2% telephone In l1eu
tax.
-2-
O?.AL :
1. Mr. ':-c!::. .:-. Hayes, ::r.. attorney representing Dr. Harry
Thomp~:::'7 whCRe Uo.;6 P("r:n~t r:c. 13--7.i-::"'4 waa denied at the
Plar.r.i:::s :ommiaslon 1e.~¡; ap¡:",al' i -"'oå subuequ.:ntly denled
by the :~~7 Co~~el1.
JIto. Hayes s<;ated tbat he t'elt the application 1"or Uøe Permit was
aab1guous. Ee ar.d the app1!=ãm; have attempted to ælœ appl1ca-
tJ.on ror a ~:lSlJ:.ess 11cel1l!e ror ttois sa:r.e a:1dress aOO they were
turned dc~. Mr. ¡!ayes then se~t a lett.er to the City Manager,
aaJdng that t.'l1.s 1I1!Itter be put on tha Council agenda aga1n.
~e obJe¿t~::¡ to grar.t~ or the bu:;l..,ess licer.s9 was that this
¡roperty b:ls Co=ty C-I-H zon1r.g. Dr. Thompson 18, at this time,
asldng to cpe~ a veterinary ot'tlce only at this address; he has
a veterir.:¡!'j" h:>s?ital at another location. Attorney Hayes 1"elt
that a vete!'1!'.ary orrlce would be classified ao a "pro1"p.sslcnal
Ul!e" and, t!:'~s, would go in a C-l-H z:>::e without Uee Perm.1t.
Attorney :'¿yes asked the Ci'::y COll11cil to recor.:3I,13r this mtter,
based on ~-'e :~ove stateoer.ts, and tr.at :>r. 't'ho""po;on b<! granted
a businees :~:ense 1"cp a ¥cterinary offlce at 20432 Silverado,
Cupe!'tin: "
Councl11tåC. ?::.:h asked +;;1'.0::11;7 Att:>r!'.ey's 0pil~10n G:1 t~:is.
7he CIty ~c~:~::~y stated tr4: on March 9, 1965, a ~e~c to the
City !~r.af~~ :""Jm the Chi"... 1',ild1ng l~~p?ctor stated his
g:-ounds :"'c:- :-=:-~1ng to ~3::".1e the é1bc,..;:o-:",:.:'~¡t:!.oned busir:ess
l1oenoe. :t,~s property i8 zoned C-l-Ii :::oå the cente~plated use
~re res~~:~s an opera'::1::: suitable in an M-I-H ze~3, as a
~1nd1ng c:~ :. _::;.
::"18 City ~c~:!'!'.ey advls=::!. t.:.e COU:l<:l1 tr.at the U"e Pe!','!"_tt was
::enled aft=~ ;'..¡bl1c Hear1:"~3 at both PJ.a:1."'l1!".g Co::mls:;i0:1 and
City Cour.:~: :evels. The~e ~e~e objectlons to this proposed
use fron: :,,;.=~1;i:1o Citlze:".s, as se1; fo:-tn in the Plar_'ling
COm1isslcc. ),";'c.:.Ites of ~'...~-:-;¡ ll, 1:.>55,
The City .~::::'ney further stated th!".t It would Le a!1 '..111.1'3 vires
act to gr:~~ a buslness ~cer~e 1"01' a lccatlon which 1':: had
already de~=~~ned to be i:p'oper for the contempla1;ed use.
~c City ~~c:~~ey stated that, as fa!' as the City ls concerned,
thJ.s lI'.atte!' 15 term.1nated.
1la70r De!t;s:~~ asked the Clty Attorney "hat the appllcant's
recourse ~::;:j be now. The ;:ity Attorney advised that the
app11cant ¡-..as exhausted ~8 adm.1n13trati1Te l'emedy already.
The City Att"rney suggested this type ot activity wo~ld take
an M-l witt.~~t U~e Permit or a C-2 with Use Permit; It would
not qual1f;; :l:".l¿r C-l-H w~~h Use Permit.
Couneilman ?~tzgE!'ald telt tt..at 1r there has been a cha:¡ge in
the propos,,; "se, the app!icant should c·:n.e in Io'ith a new Use
Pe~t eppl~'~:~on.
-3-
A~torney Hayes repeated tha~ it was his opinion ~ ~t this is a
protesslo:l8l use. lie 1"elt that the only w;:y thls application
could be denied would be to deny t~Ât a vete~1nary oft1ce ls a
protessional use. lIe emphasized that thls 18 not another step
toward getting a veterlr-.ary "cllnic" or an "out-patient opera-
tlon" Into th1a location.
Counc111an P1nch atated that tM appl1cant had m:¡de overtures
1n the or1g1nal applicat10n that tha use wouId be eesent1ally
the sa_ as be 1e IIOIf proposing.
Councll8n P1nch said the tree Pel'll1t was denied because it
1nvolved DOl.., odœo 8IId was IJ111X1ðsible to pollee to see that
the Use Pèrad.t ... compl1ed with. These matters were tully and
coçletely coft1'e4 1n the Publ1c Øearlngs at the Planning Com-
1II1eslon and C1t7 Council levels.
Moved b.r Counc1lman P1nch, seconded by Councllman Pltzgerald,
to dell,F Dr. ~OIIpIIon's application tor a business l1cense tor
a veter1nar7 ottlce ae 20432 Sllverado.
AYES: COUl1p.llmen Finch, Fitzgerald, N'Jel, Stokes
NQ£S: Mayor Delllpllter -
Motion carried, 4-1
VI A. REPORT OP THB PLA$ING COMMIS3ION
1. )':. a: Mrs. Elma: Appl1cation 5-V-65 tor a Var1ance to move
" fence to the property line; 20840 Pepper Tree Lane.
~e~ed b.r Plannlng Commission Resolution No. 251, March 22,
1965. Council Resolution No. 1084.
Chairman Gates sa1d the Planning Co~i~~lon found nothing In
the appllcation that would w&rrant this Varlance.
The Chief Building Inspector sald that another appllcation 1"0!'
Varla~ce has been 1"lled by Mr. Elms. This tlme, they are asking
1"01' a lesser Variance.
Moved by Councilman Pinch, seoonded by Councilman Stokes, to
adopt Council Resolutl:;n No. 1084, de~lr.g 5-V-65.
Motlon carrled, 5-0
2. D. J. McKeeman: ApPl1catlon 6-v-65 1"or a Variance to allow
two 5' slde 11U'ds where a total of 15', each at least 6', is
required; Lot_ Ho. 47 1=t 1,)eep_ Cl11".te Estates No.3. Approved
by PlannJ.bg COlDl.islon /.teaolut1on No. 252, ".arch 22, l0lJ5.
CO'.1I1cil Resolut1on No. 1085.
Chairman Gates iÌaid this is a peculiarlY_Shaped lot ,whlch ls
dlftlcult to put a' bouae 011.
The Clty Planner said ·the or1g1nal request was tor 5' side yards
on both ddes. The Plar.n1ng Commisa1on recOllllllended a 6' slde
J81'd on the one s1de be maintained, but retalned the 5' slde yard
on the other. The applicant was agreeable to this.
-4-
~(¡ved by ~:;,:!:,-,an ,t"~:1'8. :""c,:".åed ':.y ;;,uncihan Noel, that
Councl1 "esch:t'i.cn ¡;u. 10&.; b: adopt"" 0..3 ¡;er P,C. RMol. No.252.
Motion carrled, 5-0
B. RBP~ C? ~ f.RCHI'i'LCTURAL A~1) $I'1'R .PPROVAL COMMrrrEE
(See Mi%:uteø or March ~3, 196~)
Cba1r1lBn Horgan said he bad nothing t'wther to add to the
lI1Dutes 01' tbe last 1118,¡¡tirlg. but ¥elcomed arlJ' questlona by
tba C()\ '¡cl1.
1. Applicat~on l72-HC-65. HlZIble C11. 1330 Broadway. Oakland,
reaubaitt~ tor Arch1tectllZ"lIIl a: Site approva~ to construct
. senice station to be located on the !IV cor.ner 01'
Saratcp-Sunryvale Road and McClellan Road.
Councllma~ ~tzgerald abstained tram this appllcatlon r~vlew.
Mro. Bill !!~~rs, 2614 Aragon Va)', San Jose. revlewed the pro-
pond pla!'.. !Ie !'aid It ls ~aaenttRl,y the same, except 1"01' the
root aaterls:s. The new reof 1DBT;~r1als they had planned to use
baa not as ~t been approved by tne Fire "'!rshall. Instead,
they wll: '''.''e thick-butt asphalt shingles. on both the stat10n
and the :!eta:::<:~ canopy. There will be Palos Verde;/: stone on
the frO&t :: t~~ bu11d:ng and t~e pla~ter boxe~, as designated
by the !i.:::".t!':l.
Cc-wII'lcll:oa!'. ~~ :;':es al!',e:! it -':h~s is tt-.e same as was presented
s!'.:1 turr.e~ ~'''!'. by t:-,e City Cc¡;.~cll c, tt.ei!' ::'ast meetlng.
~. Roge!'~ ~aij t~3t essentially, t~:~ was so; only the roof
!:&t~r1a¡! ~.a7e ~een ct'.ar~1..
Chairma~ :i:=-"a!'. said the H-Control ""r.r.:ittee had explored the
statlon deslg!'~ and materials thcroug~ly and believe this 1s the
best that ;:-..~le has to otfer.
Arter che:;':i:"~ the Plar~1ng C'omm1ssion änd City Council M1nutes
or. both t~e ~=bl1 ste.tlon a;plica~ion for Stelling and Stevens
Creek Blv:!. a:-.;1 the h14tor)' ot tt>.<! Use Permi\. tor th1B corner,
Chairman Ec:-gan sald the H-Control Com1ttee does not feel a
precedent ~AS ~een set.
The Chiet 3ul111ng Inspector then brletly revlewed the H-Control
deols10ns fe!' appl1catlon 174-HC-6~ (a slgn tor the 4ger Bottle
Shoppe). lï5-HC-b5 (a slgn tor Ter!'i's Dog :>alcn a: Shoppe). and
ll4-HC-63 (~. Chadwlck's request for perml6s10n to put an or1"ice
tra11er behind his sign at the rèar porti~~ or h~s Autorama car
lot as an interim measure. tor 1 year, because he has recelved
the franchise to sell a Japanese cal·.).
Moved by Cour.cllman Pinch, seconded by Councl1man Noel, to
approve all H-Control decls10na on appl1.::ationa revlewed on
March 23, 1965.
Motlor. ~~rr1ed, 5-0
-5-
The Chle~ ?.:.1:d1ng Inspector ther. ir.trC'iillced Or11nar.ce No, 306
to tile C==ll. He exp1a!ned thls 1s a compila'.;ion 01" all
prevlous E-C.:>r.trol Ord1%\anCes. This has been caretully compiled
and revleweå by the H-Control Col:1t11t¡;ce, the Ci'.;y Attorney, and
the City Planner. lie requested that it now be re1'erred to the
Planning COII!rl8s1on 1'ar Public P.earlng.
So 1!IOved, by Counc1l.n P1nch. seccnjed bl C01õllCUan Noel.
AYES:
ROBS:
::....."'1C1lmen I'1Dcb. JP1tzgerald. Noel, Stokes. Deapetf.r
Mere
Mat10n carried, 5-0
'!'be Clty Attorney að.Y1aed coples ot OrdinanCe No. 306 be sent
to the Cnr.cllmen.
VII PUBLIC ¡;U;lDiJS
A.
PARK 1.. MURRAY: Ap;¡licat1on 4-::-65 tor rezoning
1"rom R-::B-2 to C_l_H; west sljl\ of Mary Avenue,
Stever.:- :reek Blvd. and Junipe!'= Serra Freeway.
Plar-:..:.:-.g Coøø1salo:;. Reaoluticr-. S:. 2~9, I'.ar"h a,
Appea:.
1.22 acres
between
Denied by
1965.
Councll::a!'. ?ltzgerald abstalr.e1 ~!':-. tt.is PubU= Hear1ng.
!':. Ger-.e :¿:ey, 2064d .3t.~::ey ::>rive, :'~pertlnc, ;n,¡t a diagram on
the bul:e~~~ ~~ard shçwir~ the ~~::e a!'ea and Its present and
proposej :a!'.j uses. An = site !'e';~e~ :: the :=.j indicates a
condltl:~ ~~l:h is nc~ =~nducive t: ~~rtments :!' P.-l be1r~
built c:: "=:-.,:" prO¡::!rt.7_ 7he r:-·"~w.=}·, ~~e P.1. !c E 1nata11atlor.,
and the :::-;--:~t1or. 7a~ ar~ al: :,:::--::-l't",J,t;1r:.g ~=-~tors.
Mr. Lacey !alj they haj some dcct::" 1~~er~ste1 in putting a
~llnlc he!'! ~til they reallzed a c=!'~ration yarj would be
next doer.
Thls app:l:a~t wi&bes ~o p~t in an :;.:_~lcn sl-.1:ar to a rArd-
ware store. He will be going tete:e the H-Cc~Lr~l Committee
wlth arct":'~e:tural ar.~ site plar-~. :t ls hla ç~1nlGn this would
look more sr.;;htly trc!: tt.e freeway ~::..". the :a,..,: w"uld it it
were left ".eglected.
CcunolllCll!'. "eel asked what k1rA of ~¡;.s1r.ess th:'S is. Mr. Lacey
aaid it is s welding supply compar-.y wlth no outside storage.
He showed a picture 01' the app¡1cü~~!s present bU31neas location.
It 1s a ceær.t block building, neat 1r. appearar.ce. The City
Jllanager, tc help Identlty thls b\Ißine~s, said It ls located
across the street rro. the Water Department now.
Chairman Gate" sald that. aD a reslÙt of the Plannlng Commlssion
reViewing this appllcatlon, geveral conslderatlonl! were reviewed
reprd1ng larA Ulie 1aDe:11ately adjo!n1ng the freeways. Chairlr.'in
Gatea was e~t1c about; bis te311ng that the freeways will be
Y1tal to Cupert.tno's t.age. He aaid, "rhls is a bl11board tor
tha C1ty ct CUp'!rtlno: People will be going through Cupertino
OD the rreeway from Santa Cruze to San Franc1sco.- He 1'elt the
cburch was a val1d UIIe.
-6-
ct'~1r= ~tes Bald the Clt7's c')rpcntlon yard was ~rought up
a4; thls ~= meeting. DIe staff IfaS 1!'.structed to look Into
alternat:"" uses 1'0:' lama adjacent tu :he freews:Js.
Councl~ Pinch co-=rte!l that R-l hcœs, with 1aundry 1"lapping
1n the breeze, doesn't; do auch for Cupertino's 1maSe either.
ADd P.O. . B. lea". ~ to be desired as tar as the1r
-1aJIdscap!JIg 18 COnul1'ae4. Be was cODCerned hOll! tb1a apþl1~~mt 's
bu1~1ngs would be bu11t: aDd m1nta1ned. He was 1n favor of
Ui1a appl1can1:'s pl'OI!~ul _e ot tl".e lam.
CoImclJ.an Stolœs uJœd 1Ibat w11l bappen on the otber side ot
JI!ar7 Avenœ and soutb cr tbe corporatlon yard. He felt that,
betore a dec181o:\ 18 -.de. they should take a look at the
en't1re ana. .
The City PlanDer said tbe proposed h~.:J. U3e for this area
lncludes a church, a reaSdentiel cluster develo~nt. aI'" the
freeway. ~ Su~1e a14e ot the freeway is presently I.oned
resldent:.a:.
The City ::anner cautioned the CO\r.c~: that this appl1c~tIon is
not for a ;:articular use; It ls 1"or cc:merc1al zo~ and there
ls always ~;:e posa1b111t7 that It m1g::t be sold and some kInd ot
strip zc=.1::ó could be started hEre. ;:e :'elt the Clty could
control t~~3 better thr<Ngh Var1ances a!'.d/or Use Peru:1ts.
Another þ:~t the Clty i':anner broug!:~ ap is that t:-.ere is an
access P!':::e:n here teoa=e 01" the freeway pro1"lle at thIs poInt.
Chairman :¡a~es sald th1a C1ty has so:ne good resources; this
L~tersec:~:~ 18 a prlceless locaticn. 11; will have an Impact
cn the \'s:'~~ ot every let 1n thls cit¡.
Mr. WaIte!' 1iard. ot Vallco Park, said that Mr. !awrence Halprin,
the lands:a;.'e archltect. a~...ised that ~e make the lands adjacent
to the tree~ya "gree!':JJ8)'B.· M!'. Ws!'d said he endorsed Chairman
Gates I tt'-òring on the subject.
Mr. racer uId he agreed wholehea!'ted:y with Chairman Gates and
Þ!r. Ward. :t was hls op~~n that i:' ':u;:erttno can ",ake their
corporl'.',;I::: yard aesthetically pl"ssl.-.g to look at, this
appllcant :an make h18 bua1ness lock a:; ler.f:t as goc.:i al! that.
Councl1Jr.a=, Stoke8 said he 1s not convjr.ced this 18 a good
locatlon ~c: the corpora~~çn yard. He understcx.d, at the time
1t lias dec1:1ed to purch&Be this property, that it tbe CO\mcl1
decided tt-~s OllIS not a good place tor it, the land could always
be sold by the Clty and they' could look elsewhere tor a b~t1;er
location.
Moved by Ccuncll111an Stolœa. seconded by Councll..n P1noh, to
c 10S8 the Pub lie .HeariJlc.
~lon carrl~d, ~-O
Cou.ncllmar. Seel sald 1t __d to 1:.1rJ tr.at if th1& 18 approved
at this tiDe it will be tbe beg1nn1ng o! a ll)~ ot d1tterent types
or uses here. He te.b't.."; perhaps this IIpplication II! preœture.
-7-
VIU
Moved by Councllman !ioel, 5econded ty Council:r.a:l St'Okes, to deny
appl1ca i;lon 4 -z-65 .
Mayor Dempster f'elt tha~ .the City r:"nner's report should be
beard betore a dec1810n 18 made. .
CCll.1Dcll1œn P1Dch ap'aed tbat th1s application 1s probab17
p¡ieature. Be teela. b..-ver, that the use 18 appropl'1ate.
~ appl1carlt wa. --U he preterred a dec18lon ton18bt or
U be wou1d be win'!. 1:0 have It poatponed in orr1er to have
.... 1nt_t1on~. MI-. lace,. agreed to tbe postponellBnt.
~1lan Noel wi~ b1a motion; Counc11-n Stokes wlthdrew
b1a H!land.
IIoftd ~ Councllan ftDcb, seconded by CounclbBn Stokes, that
appl1catio& 4-z-65 be poetponed 1ndetinlte17, 1:I1t11 the City
Starf' has :aade 1ts report and then to have It placed baok on
the agenda.
IIotlon carried, 4-0
B. ORDINANCE NO. 220{e) Cluster Ordinance, Zones R-l-C, R-2-C,
R-24-C, R-3-C
The Cì.i;y Planner explained th&.t thls Cluster C:-jinance has had
num~rous Publ1c Hear.r.ng!I and Study Sessions. CO::J:1ents from the
audlence centered on denslty (1ncreased dens1ty should not be
allowed as a normal procedure but could be cor.sldered in some
lnatances) and on publlc utll1ties requesting more 1"lexibll1.ty
(1n case there ls d11'f'lculty with terra1ne, etc., underground
ut111ties ct1gh'; not be f'eaB1ble.)
The City Attorney suted he has reviewed thls Ordinance with the
Clty Planner and already ::ade his reconmendat10!".s.
Keved by Councilman Pinch, Deconded by Councllcan Pltzgerald, to
have Ordinance 220(e) read by title only. This was done by the
Clty Attcrney. He stated It will be enacted a1; the time of the
Second Reading.
ORDINANCES AND RESO!D1'IOKS FOR JlDCPTION
A. ORDINANCE NO. 302: Rezoning pl"operty 01" Angel D1az !"rom
R-3-H to C-l-H; one-f'ourth of ~n acre, approxlmately; N side
of' Stevens Creek Blvd., 408' W of Vista Drlve. Second
Reading. Postponed h-oIII March 1 and l5.
A letter from Mr. Angel D1az was eent to the Clty, explaln1ng
in detal1 h1s 1ntent1ons tor this property.
lIoved ~ Councl1..n J'1ncb, seconded by Counc11mn ¡¡eel, thllt
Ordinance No. 302 be ...nacted.
AYES: CouncllllBn P1nch, P'1tzgerald, Noel, Stokes, Dempster
~OBS : None
Motion carried, 5··0
-8-
Mayor Dempster cal1p.1 for a five-mn\.t.te re'::ess. Pl-:t'.11'es were
taken 01" the tormer an.1 the r.ew I'.ayor and Mayer pro tem.
B. R&'30L1J'1'ION RO. 1083: ".pprov1J!g Agreement 1"ar the Improvement
ot Stevens creek Blvd. trom Higtafa7 9 to Iawrence3xpressway.
Moved by COUD01~ JI'1tzgera1d. seccn4ed -117 Councl1man Pinch. to
adopt Reso1uUOD .0. 1083. -' "
AEIS: Counoll88D -P1Dcb. ll1tZgera1d. Noe1. stokes. Dcmpater
1fOES: None
Motion carried. 5-0
xx PAYING BILIß
A. RESOLUTIONS HO. 1079 and 1080.
Resolution No. 1079 was read by Treasurer Fitzgerald.
Moved by Councl1man Stokes, seconded by Councilman P1nch, to
adopt Resolution No. 1079.
AYES: Councllmen P1r.ch, Pitzgerald, Noel, Stokes, Dempster
NOES: None
Motion carried, 5-0
Resolution No. 1080 was read by Treasurer Pitzgerald.
Moved by Councllcan Stokes, seconded by CouncilŒan Finch, to
adopt Resolutlon No. lOBo.
AYES:
NOES:
Councllmen Pir.ch, Pltzgerald, Noel, Stekes, Dempster
None
Motlon carried, 5-0
X REPORT OF OPPICBRS
A. REPCRT CII CITY 'IT.EASURER
He had nothing turther to report.
B. REPMr OP CITY Mß.NACER
1. C;orpol'atlon yard.
It 18 the opinion ot the Clty Manager that the corporat.:.::¡, yard
18 r1ght tor Its ~sent location. He dlspla7ed a re¡1derlrg 01"
the proposed t.·eatœnt ot landtlcaping. He sald thls is "the
type ot structure and Improvements that are developed along
freeways. i'he State ls havlng a corporatlon yard adjacent to
the freeway, also. These yards wlll be properly landscaped.
There will be Monterey plnes planted alr;ng the perimeter.
They are fast growing trees.
-9-
Councll;r.!\n Finch felt the staff should not spend ar..y more time
or mor~y on developmen~ or this corporation ~rd untl1 a decision
ls made whether or DO~ to change Its locatlc.,:.
Councllman PitzgeraId te1t they should start 1coJdng 1"01' another
locatlon. Councn-.. stokes agreed. Hð added that gradlng and
trees will 1mpr0'ftl t;b1JI prooperty am that CupertinO 1s not
needlessly spelld1Jls -7 and time on It.
Counc1laan lfoe1 øaf4 lie SOBs along with Iœep_ the corporation
JU'd wllere 1t 18 ~11 Ule7 <-an come up w1tb aDDt;ber _re
suitable locatlon.
Counc1laan P1ncb t'e~ t;lat chain l1nk ter.c1nS am surtacing
allOlØ1ted to quite aD ezpelld1ture, and tbe COUDCl1 shouId decide
whether or not tb1a 1a a good locat10n tor tile C1q's permanent
corporaUon J'U'd.
Councllam P1tzgera~ agreed wlth the Pla=i:-.g COIIIÛsslon that
we should look tor another location. It applJ.catlon 4-z-E5 Is
approved, we w111 be gett1r.g more appl1catlona tor silllllar uses
here.
Mayor D!:npater said the succeedlng City Cour.c:': ~ht not 1"eel
thls is a proper lc:.cation tor a corporatlon yarl. He dld not
teel th~: COu:1oll cc'ald decide that this is the permanent location
tor it,
t4INt1I'E C', _il:
Moved ty :ouncilma~ P1!'~h, seconded by Counci:=a~ ?1tzgerald, to
author1:e the City "A:-.ager to c01:1plete the ccr;;::-ratlon yard as
was orl;~ally plar.r.e:, with the following stiÿ.àations:
1. 'l'he:-e ~ill be a t'.ñldir.g there for a warer.ç'.;.se.
2. Storage bins.
3. Pavi:-.., ot a por';lç:-. ot the yard.
Y~tion carr1ed, 3-2
2. ~ise In water rates.
The Wate!' ~ommlaslon r.as reviewed thð revenue 8:-.a1Y3is, showlng
Income a!';' expenses a:'.d are recoGl:1e~ding a 15~ l:'~rease in rates.
Moved by :ouncllman Stems, seconde:i by Councl '-":'. :'itzgerald,
to have a special meet1r.g wlth the Water Conmlss1c:,. to dlsCUBS
the wate!' rate Increase.
This mothm was wlthdrawn.
Moved by Councllman F1'tzgerald, seconded by Councilman Flnch, to
publicize the tact that 'the water rate increase wlll be on the
agenda to!' the next regular meet1ng.
Motlon carried, 5-0
3. Fi..sher Well Water Rate for Irrigation
The Clty Mar.ager revleved the proposal on this tor the Euphrat
ar~ Nathanson ranches, Vh1ch was Included in his ~itten report.
-lO-
Councl1rrnn Finch &slœcl 1:( tbe City IS il1.'3urance ccvcred this type
ot' Bitua':ion. He was t~1:! that it does.
CouncllllBn Stokes doea ~ reel the City shO'..ld be 1L the rental
tlaJrt.ness The Cj,t...,...-. , aid that, as the r..ru~ L... ls sold,
. ~ - . n
1;bj,a operation will 11'-- 0111;. The :sltuatlon waa 1Dberlted
a10ng w11;b the _11 h'.- tile P1.ebera.
JIcwed bJ' C01II1c1œø p1I - ~ MCœded by Councilman ~s, to
.topt; the rate aobecÞaJe ~__ tile P1aber well as reD aSed bJ'
UIe Vater eo.iall1OD. <
111 t ',.. curled, 5-0
4. JIbur 112-ton p41-"" trœka.
~ State las !0Ill" at UIea 1Ib1ch Cupertino can parcbaae at $1000.
~ Cit7 IlaDager f'e1t tile Becreatlon and Parka Depart;_nt and
Baglneering Depart_ut: e~ each use one and the PubUc Work..
Department could uae Wo at them.
Roved b7 C01II1c1Ͽ St - .. secoD1ed bJ' Councilman J'1tzgerald,
to author1:te the CltT ~ to purchase these rour plclcup
trucks tor the City ~ the State.
AYES: Councl1men P1nc~. Fitzgerald, Noel, Stokes. ::>=pster
NOES: No~
k':~cn carrled, 5-0
5. The City Hall ~~~ ~re room.
::-he present '::lty Hall c;ærters are already qulte crê~d, and
the City Flanner needs ¡¡:. a!!slstant and clerlcal hel;:>. The
:lty Manager recollllle-"'rl the Council authorlze hk :':' !'cnt a
traller for $90 per mcc::;h until we can move Into tt".e 1".e... Clty
Ball. It could be parIœ:i œck by the a..lld1ng Depa:t::>e~t.
So moved, by Counclh:a::. nr.ch, seoonded by Councik¿:: Seel.
".c': ~~1". carr~ed, 5-0
6. Assembly ot Gcd :"'-ch on Stelling wanta to ;:>'.r.; up a tent.
J!oved by Councilman p::-"'!:, seconded by Councilman ?1tzgerald, to
postpone tt".J.s item ror :_ Lber dløcusslca with t~ :lty Manager.
~1an carried, 5-0
c. REPORT OP THB D.ú\=hc Oil' PUBLIC WORKS
1.. Homestead Roåd I:III:rovement Project.
.Ia meet.tng was held 1n 1:be orr1ce or Mr. J. T. Pott, County
D1rector ot Publlc Vorka. Xt ls presumEd this project wlll
qœ~1t'y tor Urban BKt-1~ ..tchlng 1"unds. Mr. So.ers, út
~.mnyvale, volced their cb,3ectlona, statlng their po1.Lcy ot
no f'ree street 1mpro"'~"'a.· A compromise was reached wherein
thoae p¡lrta of the proJec~ wh1ch still fronted on u:::developed
-n;yvale land would ~ bin,. a c'!J'b or p'\rklng shoulder conatruc-
1;ed Runn1ng lanes wcn:!..1. be una1"rected, but a 2' ..hou1.der and
.1~her dike or dra1nap _Ie wo~d be con3truct~ in theBe areas.
-11_
This was the only ob1eCtlcn v01cej, The County will make the
appl1cat~on.
!llere wl11 be an 1--~bte need for a traffic s1gDal at Homestead
&lid Wolfe Roads as aaxo &II It ls opened to tbe pabllc. The
Ccnmt;v volunteered 1;IW _ of a controller; s......... ....Ie o1'1'ered an
onrbead s1gnal bead. 2IIB county Ifill do tbe 1Datallatlon it
CUpert1Do will prorlde _1nt:enance and power. ~ wall agreed.
CoœclJaan P1Dch IUJØot U there has been a report from Vallco
!'ark as JIlt. '1'be D1rectar of Public Works said tbere wlll be
. _ttng wltb tbe. 1D t.œ near t'uture.
CoImcilllan Pinch aslœd aboI11; the status 01' the IdIb Road bridge
aJId real1gnment 01' tile creek. The D1reotor 01' Pub11c Works said
be hall dlscussad tb18 Id~b Mr. Crump and bas doœ S0818 checking
Idth the Coœty Flood Coat;rol. He 1"eels the sltuatlon ls worthy
01' some re-evaluatlO11.
Councilman Stokes quest~cned whether there bas bee:1 coamun1catlon
Idt;b the l'ublic UtlUt1ea in regard to Stevena Creek Blvd. and
Homestead !leosd. He wou1.d 11.1'3 to see them do 8l1¥ neoessary work
uo1erneath the streets be1'ore they are improved. The Director
01' Publ~c .orks sald ~7 are plar~l~g ahead as cuch as possible,
but as la~s become ~17 ~evelopei, it is dl1"1"ic~t to project
their neeis. The C1t7 l'a.'1ager said we have an ~lr.ance whereby
SlI¥ cha~~~s must be tç~~ ~der the ~ew street.
::J. REPC:!':" OF CITY ES-:¡D>--~
The CIty ~.¡;ineer sa~ ~~8 have b~~r. received fer construction
ot media:: :urbs on Wo~: ?-cad, so¡;.t~. of Calabazas Creek, to
replace t::e asphalt. 5e ::-ecommende': the contract te awarded to
Zlpse Pav1~~ Co., Inc., t~e low b1di~r, 1"01' cor~t~~ctlr~ ex-
truded curt at a contra::'; ;:rice of ;1,600.00.
So moved, by Councilman ?".-::::h, seco!'.ded by Councll=n Fltzgerald.
AYES:
HOES:
C:·~.::ilmen Fl!'~::, F~,;zgerali. Xcel, Stokes, ~empster
N~:".e
~~~ic~ carr1~~ 5-0
~ved by C:uncl1man P1.."X:t., seconde': t~' Councllmar. Fitzgerald,
to adopt Resolution Ne. 1075, Acceptlr~ Roadway Dedicatlon from
Angel Diaz.
)lct~n carried, 5-'-'
..
-.
REPORT GF CITY ATTCJUŒY
1. Resolutlon No. 1081. Authorizing Issuance 01' Warrant for
Purchase 01" PrOpert7 1'01' $)04,000.00. waa read by the
City Attorney.
-12-
Movej by Councilman Finch, se~onded by Councl1man ,)tokes, to
adopt aesolution No. 1081.
ADS: Councl1111en Pinch. Fitzgerald, IloE:l. Stokes, Dempster
NOES: None
Motlon curled. 5-0
2. 'l'be C1~ ~J' read Resolut1on No. 1082, Accept1rlg
Grant Deed trOll 'lrana-Alller1ca Tlt1e Co.
Moved by COUIICn-.. P1.nch, seconded by Councilman Fitzgerald.
to adopt Resolutlon 1082.
AYES: Councl1an Pinch, Fitzgerald, Noel. Stokes. Dempster
NOES: None
Motlon carr led , 5-0
MINtJTE œDKR:
Moved by Councllman Pinch, seconded by CO'.Jllcilrr.>\n Fitzgerald,
to ir.struc'.; the Clty Attorney to prepsre an urgenc;y ordinance
levylng a hotel-metel tax and have it included .:m the agenda
1"or the next regular ceet1ng.
Motion carrled, 5-0
E. REPORT OF BUIWING INSPECTOR
The Chie1" Building Inspector brought to the ~~yor"s attentlon
that, as 01" this date, the lot owned by Robert Barrett (or
Barrett Enterprlses). located on the SW corne!' of Blancy and
Pacifica Drive 18 in the same condition as it was prior to the
court case ot the Clty 01" Cupertlno va. Robert Barrett. The
trallers and the torm materials are still located on this property.
Moved by Councl1œn P1nch, seconded by Cou::eilman Noel, to
Instruct the Clty Attorney to go ahead with court proceedings
on this matter.
HQtion carrle~, 5-0
F. REPORT OP RECJìÃ.W!ON DIRECTOR
The Recreatlon Director reported the newly-tormed Coam1ss1on is
currently meet1rlg ODee a DIOnth at the Colli.ns School Library.
They plan to _t JDOre frequently when the park sites are
purchased. The1r first meeting was devoted to getting acqua1nted,
dlscussing Objectlves. electlon ot otflcers, and discussion ot
Ord1nanr:e No. "103. -
At, 'Gheir next _.~. tOlllOrrow night. ttUly plan t~ explore
lÒeras ot park deYe10pment and 1"1nancing. They wUl have- guest
speakers 1n both t'1elda. They also plan to dlscuas a priorlty
program. '
The Recreatlon Department has been ottered a lzrge, uns1nkable
boat.
Councllman P1.nch te1t a Jo1nt meet1ng with the Reereatlon C~s-
.1~n wou1d be 111 œder. It was set tor the l'irst 'l'ueada;r 111 Na;r.
~),;,." '
~2\::~,:~, _"L-" _,.:.,;:.,,:~':',j,-,::'S;;:;;::_.Lio.....~;; _~~13-.. ,_.~;~_..~,_.~~:¡_ ;'. ,..;."ß;:":"'~,..-."_ ,~
G. REPORT OP CITY PLANNER
)!Jr. Walter Ward has brought to the attention of the staft and
tñe Plalll11D8 C~sion dUtlcultles with the zon1ng ordinances.
These are set 1'~h In the Plannlng Coam1ss10n Minutes 01'
March 22nd.
Moved 111 CouDcn-.. Stolœs, secODded bJ' Councilman Noel, to send
Resolution 1089 to tile Plannin3 COIIIII1aaion tor revlew.
Mot1on carrled, 5-0
xx UllPINISHBD BOSIIISS
A. Telephone in Lieu Tax - SCA 17 (League ot California Clt1es
requests rec_ndatlons !"rom cltles to support or oppose.)
Moved by Councllman P1nch, seconded by Councilman Stokes, to
support SCA 17.
Motion carried, 5-0
B. Councllman Stokes was concerned about the time schedule in
gettlng the Clty Hall drawings. The Clty Manager was asked
to check with Mr. Blessing Gn thls.
C. Councilman Noel sald the Boa1'd of Supervisors have indicated
they wlll purchase land adjacent to the creek for the Stever.s
Creek Park Ct'.aln; however, this park chaln will be Interrupted
between Stevens Creek Blvd. and Fremont. They will pu.'chase
land up to Montebello Ridge. The Park Chal~ Committee was
subsequently disbanded because they have served their purpose.
D.
It was brought up at the last H-Control meeting, and plcked up
by the newspapers, that the service statlon at Bubb and
McClellan was gathering signs and debris. The operator was
upset by that type ot publicity. The Bul1d1ng Department went
out and checked thls and found the scation in fine shape,
except 1"or a banner, which the operator premptly removed.
.
XII NEW BUSINESS
A. Vacancy on the Water Commission.
Moved by Councllman Plnch, seconded by Councl1man Noel, to appolnt
MI'. George P. Bonaclch to this vacancy because he made appllcatlon
tor It and ls as qualifled as anyone else would be.
Motlon carrled, 5-0
B. Awarding 01' Time Deposit.
The City Clerk said the 1"our blds 1"or the $450,000.00 Tlme Deposit
were opened at 2:00 P.M. on Aprlll. He read the bids.
Moved by Councl1man P1nch, seconded by Councl1man Noel, to award the
Time Depoa1t tor $450,000 t..> Pirst Valley Bank at 4-3íð.' 1"or nine
months and 4-1~ 1'or one year.
AYES: Councilmen F'...nch, Fitzgerald, Noel. Stokes, Dempster
NOES: None
Motl~n carried, 5-0
-14-
The ~lt:; ¡;::'er~{ :!31c1 the b1c1s for the Time Deposit ef one million
and one ~o:!.lars were tile salCe frcm all !'~\.1l" banks.
Mov~~ by Councilman Pinch, seconded by Councilman Noel, to spIlt
the T1:oe :Jeposlt ror tt'..e ene mlllion a¡;d one dollars equally
b~tweer. Bank 01" Amer1ca, Crocker-Citizens, and Wells-Fargo.
P1rst -alley was not iDC1uded in this split becaWle they received
the prevlous Time Depos1t.
AYES: Councilmen P121C~, P1t:!:¡;erald, Noel, Stolœs, Dempster
NOES: !lone
1Iot1on carrled, 5-0
nxx
ADJOOR.'ÐŒllr
Moved by Councl1man Keel, seconded by Councl1aan Pinch, to
adJourr. the meeting at 10:40 P.M.
APPROVED :
Is/
J. Robert Dempster
:-layer
J....J.._.:3r:
t-dlJ-"\.....(v""s
I _
\iL~, l'-<o.
Cl~y ::erk
-15-