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CC 06-21-6510321 South Saratoga -Sunnyvale Road Cupertino, California, 95014 CITY OF CUPERTINO California 252-4505 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL I June 21, 1965 PLACE: Library, Portal School, 10300 North Blaney Avenue, Cupertino TIME: 8:00 P.M. I SALUTE TO THE FLAG II ROLL CALL Councilmen present: Councilmen absent: Staff present: Finch, Fitzgerald, Noel, Stokes, Dempster NonE City Manager, Phil Storm City Attorney, Sam Anderson City Clerk,. Larry Martin Dir. of Public Works, Frank Finney Dir. of Planning, Adde Laurin Chief Bldg. Inspector, Bill Benevich Recording Secretary, Lois Inwards III RECREATION COMMISSION - Park Priorities, Landscape Architects, etc. Chairman Loren Acker said the Park and Recreation Commission has carefully analyzed all available information and known community needs in regard to the development of Cupertino parks. They have met with several potential landscape architects and other personnel involved in the planning, development, and operation of park and recreation programs similar to our Cupertino project. These initial efforts have made it possible for the Commission to reach unanimous agreement regarding park site development priority for the first park and selection of a qualified and competent landscape architect to plan and design that site. Following are the recommendations of the Recreation Commission: "Therefore, the Park and Recreation Commission recommends that the City Council approve the following program and that the City Manager take the necessary action for its implementation: 1. Plan, design, develop, and complete the Central Park on a first priority basis. This includes: a. All playground, picnic, and outdoor recreation facilities. b, All landscaping including provisions for a creek and small; shallow lake, c. A community center to provide indoor recreation facilities including arts. and cultural rooms, community activity hall, rooms for conference and:small activities; and a department office for the City , Parr .and. Recreation staff. Employ the landscape architect firm of'Royston, Hanamoto, Mayes; & Beck,.to assist the City' -Manager, the Park and Recreation Director and the Commiss'ion,in accomplishing this -task.: The: firm of Ribera, and Sue is recommended as an' alternate.. 3. Establish the date of September 1, 1966, for completion of the Central Park, including all facilities and buildings=,- JUSTIFICATION This recommendation is based upon the following criteria: 1. The City has no developed parks at present and first consideration should be given to a park facility o which would tend to serve the greatest number''of' Cupertinans. Because of its central location, size and easy access from all parts of the City, the Central Park meets this requirement. 2. Central Park is the only site which could comfortably house a community center offering varied indoor -out- door facilities, as arts and cultural rooms, a large hall for community activities, conference and smaller activity rooms, the department office and general purpose facilities for family and group recreation. 3. A general purpose community facility of this type, open to all age groups, and offering recreation programs in the morning, noon and evenings, is des- perately needed in Cupertino. Schools alleviate the facility shortage but are available for a limited period— if they are available at all. There is a maximum cooperation between the City Recreation Department and the Elementary School District, but pre-emption of our recreation programs for school activities are common occurrences during the course of the year. This alone inhibits and seriously restricts the programming of worthwhile, long -run recreational activities and courses. 4, Available funding, after -purchase of ail park site property, will permit complete development of the Central Park.without delay. "The Commission appreciates the interest'and cooperation that this Council and the City Staff have provided and feels con- fident you will find that this recommendation satisfies the best interests of.all Cupertinans," Loren C. Acker, Chairman Park and Recreation Comm. City of Cupertino Councilman Noel a'sked Chairman Acker if the Commission has gone into the economics of this. Chairman Acker said they anticipate it will run 20,000 per acre for development of the park acreage, exclusive-ofthe'cost of the land. The City Manager said th6re'are resolutions coming up at this meeting related to the`parks'progra'm and he does not antici- pate any delays. The present,crops on the property, however, belong to'the present owner, so.;it will be August or September before we'have possession of the' -property. In the meantime, we can make some -studies 'and by`8'eptember, we should know approximately how much`mbney :�s available for park development. Moved by Councilman Stokes, seconded by Mayor.Dempster, to allow time for the Council to digest -Chairman Acker's report and to.have a study session on the., parks program. Motion carried,`5-0 Mayor Dempster announced this study session will be held on Monday, June 28th, 8:00 P.M., at City Hall. -2- Mayor Dempster asked if there were any postponements for this evening's agenda. The City Clerk said he had just this day received a letter from'Askam-Jones Enterprises, asking to have their appeal dropped from the agenda altogether. This is Item VII A on the agenda. Councilman Finch said he 'fel.t th'1s� development would prove to be an asset to the community. 'He suggested the developer should again appear before the Planning,.Commission, and the City Council should,give the Planning Commission some sense or direction regarding this application.,- He feels it could be accomplished either, through the C.ourit;Ordinance or through variances to our existing Ordinance::. Moved by Councilman Finch, seconded by.,pouncilman Fitzgerald, to -have the Askam-Jones application .reviewed by the Planning Commission again, in light of the above -mentioned factors. Motion carried,'5-0 IV MINUTES OF THE PREVIOUS MEETINGS - May 17 & 18, June 7, 1965. Moved by Councilman Finch, seconded by Councilman Stokes, that the Minutes of May 17, 1965, be approved as read. Motion carried, 5-0 Moved by Councilman Stokes, seconded by Councilman Fitzgerald, that the Minutes of May 18, 1965, be approved as read. Motion carried, 5-0 Moved by.Councilman Noel, seconded by Councilman Finch, that the Minutes of June 7, 1965, be approved as read. Councilman Stokes abstained. Motion carried, 4-0 V ORAL AND WRITTEN COMMUNICATIONS ORAL: 1. Mr. Al Spiers, 10066 So. Saratoga -Sunnyvale Road, Cupertino, invited the Councilmen to the Chamber of Commerce Luncheon on Thursday, June 24th, at noon, at Blackberry Farm Restaurant. He urged them all to be present, since he has already sent out communications indicating they would. 2. Mr. Raymond W. McWard, 101458 Bonny Drive, Cupertino, referred to his letter of June.l5th in which he and several other interested persons made recommendations for an amendment to Ordinance No. 228 in relation to height of towers. Moved by Councilman Finch, seconded by Councilman Stokes, to refer Mr. McWard's letter of June 15th to the Planning Commission for study and recommendation. Motion carried,,4 0 3. Mr. Irwin Mittleman, 1050 University Dr., Menlo Park, re- presenting Page Properties, referred to his letter to the Council in which Page Properties protested the location of the corporation yard. He'said they are planning a high - quality development on the Stoneson property and feels the nearness of the City's corporation yard will be a deterent to` this development, to the",College .and .to the whole area. -3.- Councilman Fitzgerald said he has always felt this way about this location for the permanent corporation yard, and that we should be looking for another site. The City Manager is opposed to moving the corporation yard to another site. He believes this is an ideal location for it and it will not be an eyesore. He plans a neat, well - kept, landscaped yard with a painted, metal building. The fast growing trees on the perimeter will adequately shield it. Much work has already been done here, but if the Council directs it, the work will be stopped. A church is going in on the adjacent property. Councilman Noel asked when Page Properties plans to begin development of the Stoneson property. Mr. Mittleman said they plan to begin work on the 150 R-1's this fall. He appealed to the City Council to stop work on the corpora- tion yard until it has been decided definitely if this is to be the permanent location of it. Councilman Stokes said he concurs with Councilman Fitzgerald regarding the location of the corporation yard. He has always felt this should never have been designated as a permanent installation. Moved by Councilman Stokes, seconded by Councilman Noel, that construction of the corporation yard be stopped until a neighborhood plan has been drawn up of the whole area and the Planning Commission has made a decision on the up- coming application for the Stoneson property. Councilman Finch does not feel the objections to the corporation yard are justified. He sees no need to delay the development of it and is opposed to making any changes and/or stopping construction. Councilman Noel has stated that he is willing to go along with this location until we have another place for it. He feels it would have been to the best interest of every- body concerned if Mr. Mittleman had come forward six months ago. AYES: Councilmen Fitzgerald, Noel, Stokes, Dempster NAYS: Councilman Finch Motion carried, 4-1 WRITTEN COMMUNICATIONS 1. Letter from MacKay and Somps, appealing Planning Commis- sion decision on application 7-Z-65. Mayor Dempster directed the City Clerk to set this us for the next regular Council meeting. 2. Request from Baywood Homes, requesting permission to start construction on three homes in Unit #5 before approval of the Final Map. The City Manager said this will come up under the Engineer's Report. 3. Letter from the Chamber of Commerce stating they passed a Resolution to commend the City on its action relating to underground utilities. 4. Carbon copies of letter to. Senator Kuchel, Senator Murphy, and Rep. Gubser, relative to the Woodside overhead versus underground utilities situation. 5. Letter from Governor Brown's office giving notice of the two Conferences on Youth. -4- Moved by Councilman Noel, seconded by Councilman Fitzgerald, .to file ,the written communications. Motion carried, 5=O VI A. REPORT OF THE PLANNING COMMISSION (See Minutes of June 14) Chairman Gates said he would prefer to comment on the items as they are brought up. 1. CPM DEVELOPERS: Application 13-V-65`for Variance for front yards, street width, etc., in a 4.5 acre develop- ment at east end of Riverside Drive, adjoining Deep Cliffe Golf Course (De Anza Verdes)'. Approved by Planning Commission Resolution No. 273. Also, Tentative Map 9-TM-65. Approved by Planning Commission Resolution No. 274. Council Resolution No. 1124. Mr. Jack Kuzia, of MacKay and Somps, was present to discuss the development. Chairman Gates said the cluster homes.have been eliminated and replaced by four R-1 homes. He stressed that the 37' street request must have 4/5 vote of the Council in order to pass. Moved by Councilman Finch to adopt Council Resolution No. 1124. This motion was withdrawn to allow more discussion. The Director of Public Works said his only objection to this development concerned the street width. He said we are backing down on this stipulation, which may create a dangerous precedent. He feels we will not be able to effectively enforce one-way streets. And "No Parking" signs often go unheeded. The recommended minimum is 32' of paving, from face of curb to face of curb. The City Attorney advised that we have private streets as narrow as 20' in Cupertino. However, to go below a standard 60' requires a 4/5 vote of the Council. Mr. Kuzia feels the 37' street will be adequate to handle any anticipated situation. The Director of Planning said the general idea here is to have a bare minimum of street width to preserve the character of the area and to help keep the speed of the automobiles down. It is his belief that a narrower street tends to automatically slow down the traffic. People seem to always exceed the speed limit; especially teenagers, but the limit would be exceeded to a lesser degree with a narrower street. Chairman Gates said he is inclined to go along with the thinking of the Director of Public ',<'orks. He questions whether fire trucks could get through here in an emer- gency, especially if the "No Parking" signs have been ignored. It has been.the observation of Councilman Finch in the past seven or so years in Cupertino, with its narrow and/or partially developed streets, that the Fire Depart- ment has not had any undue hardship ir'reaching its destinations Councilman Stokes questioned.the'wisdo-m of a sidewalk on only one side of the street. He feel's they should be on both.or neither side of the street. -5- Mayor Dempster wondered: if the answer might lie in the elimination of the sidewalk altogether and adding this width to the street. Mr. Kuzia said this would mean the removal of about three matured trees. The sidewalk was designed to curve around these trees. Mayor Dempster asked for comments from the audience. There were none. Moved by Councilman Finch, seconded by Councilman Fitzgerald to adopt Council Resolution No; 1124. AYES: 'Councilmen Finchj'Fitzgerald, Noel, Stokes, Dempster NAYS: None Motion carried,.5=0 Moved by Councilman Stokes, seconded by Councilman Finch that' since the sidewalk on one side of the street, that only goes around in a cirche,'would have no apparent value, and to add to the aesthetic value of the area, that the sidewalk be 'deleted altogether. The Director of Planning felt that in any area, there should be a sidewalk to help protect the children ... a place for them to jump in case of an emergency. Council- man Finch felt that in an emergency., kids always seem to find some place to jump out of the street to avoid getting hit by a car. As a driver, Councilman Finch said he would rather -see children walking along the street than have them dart out into the street from the sidewalk. The Director of Public Works said sidewalks help to keep feet dry in rainy weather. AYES: Councilmen Finch, Fitzgerald, Noel, Stokes, Dempster NAYS: None Motion carried, 5-'0 2. Rhodes Construction Co.: Tentative Map Application 4-TM-65; 8 duplexes, Vista Drive. Approved by Planning Commiss' on' 3/8/65. Councilman Stokes'wanted�it entered in the record that, although this application is under the name of the company with which he is associated and he drew up the Tentative Map, he now has no connection with it. The property has been sold and"the Tentative Map was sold as a part of the prope,Pty. Mr. Carl Tucci, 10642 Randy'Lane, Cupertino, said he would like this application approved by the Council, subject to the conditions set forth by' 'thePlanning Commission. The Director of Planning had no objections or comments to make at this time on this application." Planning Commission Chairman Gates said they approved this application; "subject to' the `responses to the letters to be sent: ctut -to' `the 'various 'agencies-. These approvals have since' been deceived;. Moved by Councilman Finch, seconaed'by Couhcilman Noel, to approve application 4-TM-65, per the Planning Commission recommend'ation.' �.. .. AYES: Councia:men .Finch; .Fitzgerald, :,Noel., : Stokes, Dempster NAYS: None Motion carried, 5-0 -6- B. REPORT OF THE ARCHITECTURAL AND SITE APPROVAL COMMITTEE (See Minutes of June 8, 1965, and May 25; 1965, application no. 186-HC-65 --- Laurentide) The Chief Building Inspector said approval by the Council on this application was held up because there was some question about easements. This situation has been resolved. Moved by Councilman Noel, seconded by Councilman Fitzgerald, to approve application 186-HC-65. AYES: Councilmen Finch, Fitzgerald, Noel, Stokes, Dempster NAYS: None Motion carried, 5-0 VII PUBLIC HEARINGS A. Askam-Jones Enterprises: Appeal: Application 5-Z-65 for rezoning from A-2:B-4 to R-1; 54 acres on the hill west of Mercedes Road; also, Tentative Map 3-TM-65. Denied by Planning Commission Resolution Nos. 267 (Rezoning) and 268 (Tentative Map) May 10, 1965. Postponed from 6/7 meeting. See Page 3, these Minutes, for comments on this application. VIII ORDINANCES AND RESOLUTIONS FOR ADOPTION A. RESOLUTION No. 1112: Establishing Pay Rates for Fiscal Year 1965-66. Moved by Councilman Finch, seconded by Councilman Fitzgerald, to adopt Resolution No. 1112. AYES: Councilmen Finch, Fitzgerald, Noel, Stokes, Dempster NAYS: None Motion carried, 5-0 B. RESOLUTION NO. 1114: Accepting Grant Deed from Thomas G. Ross. The City Attorney recommended adoption of this standard statutory requirement. Moved by Councilman Finch, seconded by Councilman Fitzgerald, to adopt Resolution No. 1114. AYES: Councilmen Finch, Fitzgerald, Noel, Stokes, Dempster NAYS: None Motion carried, 5-0 C. RESOLUTION NO.. 1115: Authorizing Issuance of Warrant for Purchase of Real Property, The City Attorney said this has been worked out with Trans - America Title Company and recommended its adoption. Moved by Councilman Fitzgerald, seconded by Councilman Noel, to adopt _Resolution. No,, . 1115. AYES:_ Councilmen Finch, Fitzgerald, Noe1;'Sto1ces, Dempster NAYS: None Motion carried, 570 -7- D. RESOLUTION NO..1116: Accepting Grant Deed from John F. Torre and Vincent. Torre, Jr. The City Attorney recommended adoption of this standard statutory requirement. Moved by Councilman Fitzgerald, seconded by Councilman Noel, to adopt Resolution No. 1116. AYES: Councilmen Finch, Fitzgerald, Noel, Stokes, Dempster NAYS: None Motion carried, 5-0 E. RESOLUTION NO, 1117: Authorizing Issuance of Warrant for Purchase of Real Property. F. The City Attorney recommended adoption of this Resolution. Moved by:Councilman 1oel, seconded by Councilman Fitzgerald, to adopt Resolution. -No. 1117. AYES: Councilmen Finch, Fitzgerald, Noel, Stokes, Dempster NAYS: None Motion carried, 570 ORDINANCE NO. 312: Requiring Underground Utilities Within and Adjacent To "Cupertino Town Center," a Planned Community.Zone Bounded.by Stevens Creek Blvd on the north, Saratoga -Sunnyvale Road on the west. Urgency Ordinance. The City Attorney Read Urgency Ordinance No. 312, as prescribed by Law. Moved by Councilman Stokes, seconded.by Councilman Fitzgerald, to enact Ordinance No. 312. Councilman Fitzgerald asked the City.Manager what the purpose of this Ordinance is. The City Manager said this Ordinance will.prevent any argument, if the occasion should ever arise. He foresees no problems, but it is always best :to have an Ordina.nc_e to back you up. AYES: Councilmen Finch, Fitzgerald, Noel, Stokes, Dempster NAYS: None Motion carried, 5-0 IX PAYING BILLS A. Resolutions No. 1119 and 1120.' Treasurer Fitzgerald read Resolution No. 1119. Moved.by Councilman Noel!, seconded by.Councilman Finch, to adopt Resolution No 111J. AYES:: Councilmen Finch, Fitzgerald;,- Noel, Stokes, Dempster NAYS.- . None Motion carried. 5-0 Treasurer Fitzgerald re.ad:Resolution No. ll20. Moved by'Councilman Stokes;: seconded by,. -Councilman Finch, to adopt Resolution No. 1120. AYES: Councilmen Finch, Fitzgerald, Noel, Stokes, Dempster NAYS: None Motion carried, 5-0 -8- X REPORT OF OFFICERS A. REPORT OF CITY TREASURER,. He had nothing further to report. B. REPORT OF CITY MANAGER. 1. The Water Department will meet on June 30th and on that date they will set a date for a joint meeting with the Council. 2. The School District has asked the Council, staff and audience to be especially careful with their cigarettes. Ashtrays are provided. 3. The rent for the City Hall has been raised, effective July lst, to $250 per month. Moved by Councilman Finch, seconded by Councilman Stokes to authorize payment of $250 per month for rent of the City Hall, effective July lst. AYES: Councilmen Finch, Fitzgerald, Noel, Stokes, Dempster NAYS: None Motion carried, 5-0 4. The City Manager announced the Council must continue to meet here at the Portal School Library at least two more times 5. The Water Commission reviewed the necessity of making a double. charge for all water service to those who are presently building., or that will build in the future, and do not annex to the City of Cupertino. Present customers will not be affected. Councilman Finch wondered if the last water rate increase was not adequate. The City Manager said the reason behind this double charge is to motivate them to annex to the City. In hardship cases, for example, where property is not adjacent to the city limits, there could be public hearings and adjustments made. Mrs. Ann Anger, 10185 Empire Avenue, Monta Vista, asked if their water rate would be decreased if they annexed.to Cupertino. The City Manager repeated this has no bearing on those already established -- only on newly -developed lands. Mrs. Anger said she is looking into the matter of water rates with other jurisdictions. Councilman Noel asked if this method has been suc- cessful in other cities. The City Manager said it has been very successful. Councilman Fitzgerald wondered if this would scare some developers away. Mr.. Robert Cromwell,.10520 Merriman Road, Cupertino, said the County is still awaiting -.the receipt of a "water letter.".from. .the City of -,Cupertino. His construction has been -held up for: 1. six weeks. The Director of, Public Works said he will look into the matter first thing"in' the morning. Moved by Councilman Finch, seconded by Councilman Fitzgerald to continue this to the next meeting. Motion carried, 5-0 -9- . Special Census: The City Manager recommended Cupertino participate in this special county -wide census scheduled for April, 1966. He feels it will be quite beneficial to our City. Cost will be around $2,500. All responsible cities in the County (except Sunnyvale) have agreed to•'cooperate with the County in this. So moved by Councilman Stokes, seconded by Councilman Noel. AYES: Councilmen Finch, Fitzgerald, Noel, Stokes, Dempster NAYS None Motion carried, 5-0 Mayor Dempster: called for a five-minute recess at 9:35 P.M. Meeting reconvened at 9:45 P.M., with Vice -Mayor Stokes presiding. C. REPORT OF DIRECTOR OF PUBLIC WORKS The Director explained his written report was simply a progress report. However,'h.e wanted to comment upon several items: 1. Baywood Terrace, Unit `5. Mr. Crump has asked for permission to construct three model homes prior to acceptance of his final.map. Recommended procedure for this situation is to have .the developer put up $1500 cash or bond for each model home to allow for street improvements and completion.of a smaller sub- division, should it be necessary, pending completion of the final map and posting of the full subdivision bond. So moved, by Councilman Stokes, seconded by Councilman Noel. AYES: Councilmen Finch, Fitzgerald, Noel, Stokes NAYS None ABSENT: -Mayor Dempster Motion carried, 4-0 2. The Director'of Public Works said there is a tentative agreement with th& County for= participation in repaving a portion -of McClel'lani Road. The final agreement will be 'presented in the near future. 3. Wolfe Road Project. The Director read his letter which outlined the necessary corrections and additions to be `made. It was his recommendation that the Council accept the: impro'vem6nts,, With the, exceptions as noted by the Director., 'So moved; by Counc lman'Nde3: seconded by Councilman Finch. AYES: Councilmen Finch,_Fitzge.rald, Noel, Stokes NAYS:, None.. ABSENT: Mayor -Dempster. Motion carried, ; 4--0 -10 4. Tract No. 3571, Deep Cliffe Estates, Unit 3; east side of Stevens Canyon Road at Riverside Drive. The City Engineer recommends that he be authorized to inform the developer and his bonding company that the improvement bonds may now be retired. So moved, by Councilman Noel, seconded by Councilman Fitzgerald. AYES: Councilmen Finch, Fitzgerald, Noel, Stokes NAYS: None ABSENT: Mayor Dempster Motion carried, 4-0 5. Tract No. 3663; southeast side of McClellan Road, west of Madrid Road. The City Engineer recommends adoption of Resolution No. 1111, approving Final Map, etc., Tract 3663. City Engineer to sign after Sanitary District signs. So moved, by Councilman Finch, seconded by Councilman Noel. AYES: Councilmen Finch, Fitzgerald, Noel, Stokes NAYS: None ABSENT: Mayor Dempster Motion carried, 4-0 The City Engineer recommends adoption of Resolution No. 1125, accepting Grant of Easement (storm drain) from Chester Damico, et. ux. So moved, by Councilman Finch, seconded by Councilman Fitzgerald. AYES: Councilmen Finch, Fitzgerald, Noel, Stokes NAYS: None ABSENT: Mayor Dempster Motion carried, 4-0 D. REPORT OF CITY ATTORNEY He had nothing further to report. E. REPORT OF BUILDING INSPECTOR He had nothing further to report. F. REPORT OF RECREATION DIRECTOR He was not present, G. REPORT OF CITY PLANNER He had nothing further to report. -11- XI UNFINISHED BUSINESS A, City Seal In discussing the proposal by Hallmark, Councilman Noel said Hallmark shows where our money goes but -not where it comes from. There is nothing here depicting Cupertino's industry. Councilman Fitzgerald agreed. Councilman Stokes felt the Hallmark proposal was too "busy," Mr. Peter Emig said the basic idea of a city seal is to be symbolic. He felt the Hallmark design'was illustrative rather than symbolic. His proposal was of a seal, to be used on the City's letterhead, etc. Councilman Noel felt the Council was talking about one thing and Mr. Emig was talking about another. Councilman Finch felt that what the City was after was a suitable plaque to present to citizens in appreciation of their services and dedication to the City of Cupertino. Mr. Melvin-Peterson,'1159 Elmsford Drive, San Jose, who is a Cupertino property owner, felt we should have something relating to our ancient orchards and vineyards. Councilman Noel was not completely pleased with either Mr. Emig's nor Hallmark's suggestions'., He would like to see some more displays. Councilman Fitzgerald said he likes the current "Horn of Plenty;'" Councilman Stokes said maybe the plaque should be of one design and the letterhead of another. Councilman Finch felt that maybe the plaque should be a more personal thing, to be given to Worthy persons in commemoration of their contributions-to.the City. Maybe some type of standard resolution is the answer. Moved by Councilman Finch, seconded by Councilman Noel, to ask Hallmark' -and Mr; ' Emig for other suggestions. AYES: Councilmen Finch,,.Fitzgeraad,,.Noel,.Stokes NAYS: None ABSENT: Mayor Dempster Motion carried, 5-0 B. Miscellaneous -- There was none.... XII NEW BUSINESS A. Councilman Finch feels there is a need to let the general public know more about where their tax dollars are going and in which direction the city is going. Moved by Councilman Finch;>°s.ecorided by 'Councilman Noel, to direct the City Manager to find out the cost of an annual report which would.,give,the following,information: 1. What the City is doing. 2. Where the money is going. 3. What plans and developments are brewing. 4. The functions of the various departments and employees. Motion carried, 4-0 -12- Mr. Melvin Peterson said that although he lives elsewhere, he is a Cupertino property owner and would like very much to be the recipient of such a report, as well as the Cupertino residents. He was told that if the City decides to go ahead with this, copies will be available at the City Hall. B. Councilman Stokes has noticed boulevard trees broken off and not replaced. He asked what steps must be taken to rectify this. Councilman Finch suggested that possibly it could be handled like the new developments wherein the property owner purchases the trees and the City would plant and maintain them. C. Councilman Noel has also noted there are many residences where the island,between the sidewalk and curb are being neglected. He wondered if something could be done about this, possibly through the Weed Abatement Ordinance. The City Manager said this is very hard to enforce. D. Councilman Stokes brought up the question of possibly a "No Left Turn" situation at East Estates Drive and Stevens Creek Blvd. XIII ADJOURNMENT Moved by Councilman Finch, seconded by Councilman Fitzgerald, to adjourn the meeting at 10:30 P.M. to June 28th, 8:00 P.M., at City Hall. ATTEST: City Clerk APPROVED. -13- J. Robert Dempster Mayor 10321 Sollth Saratoga-S~le .It:.ad CUpert1no, CalU'orn1a. 950111 252-11505 CITY OP CUPERTINO C&U1"orn1a '1IIJIJ'l'BS or THE JU!XJULAII ~UIU or THE CIn CœJCIL - June 21, 1965 .. . .~.. . I'µ~ .L1b1'a17,.1'o~ ~lICÍol, 10300 Hortb~1ÀM7 A'venue, CI1pert1DD ""'. 'r . . I'· .' t'DIIf: 8:00 P.R.. I SAIm'E '1'0 i'BB ft.AG IX RCU. CALL - P1nch, ntzserald, lIoel, Stokes, I)ellpeter Hone C1t7. Jlanager, 1'tI11 Sto1"lll C1t7 Attomey, sa. An4eraon Clt)' Clerk, Lar1T Jl/art1n Dir. ot Publ1c Works, 1rank Pinney D1r. ot Plann!ng, Adde Laurin Chiet Bldg. Inspector, ¡'111 Benevlch Recordlng Secretary. Lols Inwards III RECREATION cOMMISSION - Park Priorlties, Landscape Archltects, etc. CouncUMn pÜs..t: CouDcUMn abHnt: Starf present: Cha1naan Loren Acker aald the Park and Recreation COlIIDission has careful17 analyzed all available 1n1"o~t1on and known co!lllll.ln1.ty needs 1n regard to the development of CUpertino perks. They have met wlth several potential landscape arch1tects and other personnel involved 1n the planning, development, and ope1'8tion of perk and recreation progra_ sl..11ar to our CUpertinO project. These initial etforts have made it possible for the CoaD1ss10n to reach unanll110us asreement regarding parle site develöpment priorlty for the first perk and selection of a qual.1t'led and competent l,.ndscape archltect to plan and design that site. Following are the reco_ndations of the Recreat10n ColIIDlssion: "Therefore, the Park and Recreation CoaD1ss10n rec~nds that the City Council approve the following program and that the City Manager take the necessary action tor Its Implementatlon: 1. Plan, dosign, develop, ard complete the Centrsl Pari< en a tir8t prlorlty basis. Thls 1nc1udes: a. All planround, picnic, and out~oor recreation facU1tles. b. All laDdacap1.ng 1nclud~ provislona 1"or a creek and ~'., shallow lake. . c. A c~ .n1t7. center to provide indoor recreation tac111tlea 1nclud1ng arta and Cultllral rooms, cO""'JI'If;J: act1vlty hall, rooms tor conterence and ..-11 actlvitles, and a department office tor tbe Clt7 ·ParIe and Recreatlon start. 2. Ibploy tbe laDdacape architect f1rlll ot Royston, HanaIIIOto _es, 81 Beck to asslGt the City Manager, the Park and Recreation J)b'ector and the CoaD1slilon 1n accompl1sh1J1g this task. The tiftl ot Ribera and Sue 18 reco_nded aa an a1t_te. -1- 3. btabU.h the date of Se'Øt_ber 1. 1966. tor complet1on or the Cent~ Park, ~1ud1J1g a~l rael~ltlea and bu1l411\p . oIlntTU'.l.CA'1'IŒ.f .:\ . .'l'b1a reco. ':dation U ~., upon the t01.l~1nS criteria: . 1. 'lbI C1t7 JIU DO 4..,.101*\ pa1'IaI at .....eat aDd t1rst '~. ebCJIn1"'b8 pftlt to- . i*itr ftoU1t)' wb1ch _,,, ØII4 ,to ...... tile _=-t ---.. 01' cullU'tsaa.. : S, '( '.. ot ita 'CeD ; 1OèIaUob.al.e and 8U7 acceu tI'OII ~ l1Q'ta 01' _ 01t.1. ,tbe Cent31 PazoIr ...a tb1a ~t.·· . .. l' . - '2. . central fUIr 'u tIÌit oal7 81te 1Ib1Cb coia1d c"ortab17 bouØ a c ..'It)' 0,__ .o1'ter1ll& wrte4 ,1IIdÞOr-cNt- - 4001' facSUUea. .. arta aD4 Cìa1tua1-~. a large ba11 tor ~ ..>'It)' acUvit1... co~..... aDd 1IM11ei! - activit)' ~. tile 4e~t ot1'1ce &lid pne31 pn'POIIe fac111U_ tor tu1l7 aD4 poaprec¡oeat1on. - "",1- : . i' ; ~ -. 3. A ,_31 ~ =c_m1t7 tacll1t7 01' thia type, opeD to &11 age poupe. and otter1Dg rec¡oeatlon prosra- 1n the 1iIom1nS. noon and even1JlS8. 18 4es- perate17 needed 1n CUpert1no. Schools &1lev1ate the tac1llt7 shortage but are available tor a laited per10d _ it tbq are ava11ab1e at all. TtMtre la a ....1(,-- cnoperatlon beWeen the Clt7 Recreatlon Depart_nt and the æ_ta17 School District. but; pre__ptlon or c.ur recreatlon programs tor school activities are cOIIIIOn ocCU1"l'eDCes dur1rlS the course or the' ~I'. This alone 1nh1b1ta and serioualy reatr1eta the prosn-tns 01' worthwhile. long-run recreational actlvitl" and courses. i.. Avallable tund1nS. a1'ter purehase ot an park site property. _111 peN1t co.pl"te develos-ent or the Central Park _ltbDUt 4el&)'. -The c~..lon a~1at.. the 1nureat and cooperation that th1s Council and the Clt7 start ..... provided &lid reels con- fident JOII w11l t'1DIS that th1a rac a [ 1at1on satlstiea the beat intereat. or all cupel't'lnana.- 1.0..- C. Acker. Chainaan IUIr &lid øecreation Co_. Cl~ of CUpertino Council.,. 110.1 ..ked Cha1I'8&n Acker Iftha eo-taaion has sone 1nto the e""'l~ca 01' thia. Cha~ Acker said they ant1clpat. It _111 nm $20.000 per acre tor d....los-ent or the park acreage. exclWl1Y1t of the coat 01' the land. '!'he City Manas.r aa1d there are reaolutiona colUng up at th1s . ..tins related to the perlal propul and he doea not antlcl- pat. any d.1&18. '!'he pre.ant Cl'Opa øn the prope1"t;r. however. belong to the prea_t own.l'. so ~t w1ll be Aupat or S.ptember betore we ]av.·poese..1on of the propert7. In the _U_, .. can make 80_ atud1.. ~ ~. Sept"'"I'.. .. .hou1d know approxll1&t.17 holt _ch -87 Is a".,.labl._ tor park developllHlnt. Moved b7 Co~løan St;oJtea.-,secend81S ~.JIQOZ' Døpater, to allow tDo tClr the Coúiícll to'41Ø11~-Çhau-n £cur':; report and to have a .tud7 ....iõn·ÒÌ1 tile ¡:¡arÞ pt¡o.,._. . - . . . :~- IlÖt~$>~ .~a.ri'ie4.5';¡)' ; -, .- . . . . . ,". JiIa70r Delipatel' amøiACed tb1IÌ-itU«r .'-11 11111 be held on MorIdai', ~ 2~. 8:OQ '~M.. at C1t, *:n. -2- '''. ... -,- Mayor Dempeter all ked it there "ere any postponements for this evening's aaen4&. '!'be Clt;r Clerk BIÜd he had Just this da,. rece1ved a letter J.'rea Aakalll-Jonell !nterpr1dell. asking to have thelr IIppeal dropped troai the agenda altogether. Th111 is Item VII A on the agenda. Counc1lan P1Dch 8814. be telt:th1s dnelð~t would prove to be In ~.t 'to 1:!!e.tþ-.· ·'lity.Be·~the developer .abou1d ~ aØ*n' .1Ietore the Pla_i.,Co 1.~lon. and the 'C1t7 CGdDll ..hoO,'irr! &1". the PlamI1œ Cd '-\òD SOII8 lIenIIe otd1rect~~tbla app11cat!cm. .. feels 1t could be .ac~~· ø1!1:lé.t1Irou8h the CcIIDQ' Oi'dSllance or through ftr1a.ac.. toQll1",~Of·t1-...... ,. - 1Io'flld by ~U-~ ~h. HCODded by ~u.n 1P1tageft1d. 'to lave theA."",y Zoaee .ppUcat~ 1'Ø1eIfe4 by the naJ'fti"1S (,--.dol1-~"'''. 2D Usht or the abaft .81t1cmed factors. . , - . J.. .. ...... . - p : lIot1on carried. 5-0 XV IUIIUT& or TD I'RB9IODS l'IAISr.uuS - _ 17 I: 18. June 7, 1965. IIoved by CO\ll1Cn-" P1I1C!?J, seconded by Councilman Stokes, that the IUnutes ot IIB7 17. 1~5. be approved as read. Motlon carried, 5-0 Moved by Councilman Stokes, seconded by Councilman P1tzgersld, that the MLTlUtes ot MII.y 18, 1965, be approved as read. Mot10n carried, 5-0 Moved 1::.' CouncU.man Noel, seconded by Councilman Pinch, that the M1n~tes ot June 7, 1965, be approved as read. Counc1lman Stokes al:stalned. Mo~10n carried, ~-C V ORAL AND WRI'1"l'ÐI Cal_IUCATIONS œAL: 1. Mr..u Spi.ro, 10066 So. Saratoca-SunnT"~!. ~, CUpertinO, inrtted the Co\òDcl~ to the CbUlber of Co_re. ;.uncheon on ':'hurada7. .June 24th, at noon. at Blac;cben7 PaI'IS Restaurant. Be urced tr- aU to be pre.tlnt, a1nce he heS alrea<:17 a_t out coaamlcat1on:t In:11ca':1ng the;r _uJ.~. 2. Mr. RayI:Iond W. McVard. 101158 Bo~ Drlve, CUpert1no, referred to h111 letter Of ,T1.ID. 15th 111 wh1ch he and several other 1nte~lIted persona .-de reco-.1a~iona ror an IUllendMnt to OrdinanCe No. 228 1n ralatlon to height or towers. Moved by COunc1t.an P1I1ch. seconded by CoW1cilman Stokes, to refer Mr. McVard'II letter ot June 15th to the Plann1~ Colllll1.ss10n tor atud7 and reco_ndatlon. IIotion carried, ~-o 3. Mr. Irw1n M1ttl_, 1050 UnJ.vers1t;r Dr., Menlo Park, re- presenting Pasø Propertles, referred to his letter to the Co\incil 111 1Ih1ch Jace Propert1es proteated the location ot tbil corpora1;1on )'&1'11. Be aa1d the7 àre planning a h1gh- quality developaent on the Stonellon propert)' and teels the ne.mesa ot tha Clt)". corporation J&rd 11111 be· II deterent to th1B d...loPMl\t. to the College and to J;he whole area. -3- Councilman F1t&gerald sald he has al"78 telt this way about th1a loeat1on for the permanent corporation yard, and that we ahoa1d be looking tor another site. The Clty IIImII,pr ls opposed to mortns the corporation yard to another .s.te. He beUeves this 1a an ideal location ror It IUId It 1d11 _t be aD eyesore. Jilt plana a neat, well- kept. ,......~J e4 ~rd with a pa1Dted. _tal bu1ldlng, '1'he n.lt ~.. trees on the ~ w11l adequately . lh1eld 1t..:aaetlwork baa a1reed711èêD doDe here, but it the Councn a.ncta 1t. the 1IOrk 11111 be stopped. A church 1a ·psDS in on the adjacent propert;y. councu.ø.JlØe1 asked "hen PlSe Properties p1ans to begin develo~.br'tbe Stoneson pro..-"I.... Mr. JI1ttleman sald they JIlàD œ '1Ie81n work on the 150 R-l's this ran. He appealed 1;0 t:he City Council to stop 1K'rk on the COl'pora- tlon ~rd UDf:U it has been decided derln1tely if this is to be the..... "ent location or it. Counclll11BD Stokes said he conclU'l with Councilman Pitzgera1d reprdlng the locatlon or the corporatlon yard. He has a1~ relt th1s should never have been deslgnated as a perm-nønt lnatallat10n. Moved b;y C'.QUDcllman Stokes, SE....onded b;y Councllman Noel, that conatNctlon of the corpc1'3tlon yard be stopped untl1 a neighborhood rlan has been drawn up ot the whole area and the Pl~ Commission has made a dec1sion on the up- comlng appllcatlon for the Stoneson propert;y. Councilman Finch does no: teel the objections to the corporation yard are justified. He sees no nePd to delay :he develo¡Dent of it ani is opposed to making any changes and/or stopping ~onstruct~o~. ::ouncl1man !Ioel has stated that he is wl1l1ng to go along with th1s locatlon until we haVp. another place for it. He feels It would have been to the best interest 0: every- body concen1ed it Mr. Mit~l~ had COC18 torward siX :!IOnthB age. AYES: Councl1men pitzgerald, Noel, Stokes, Dempster ~YS: Councl1mn Pinch Motlon carried. 4-1 WI!:!'l'EN COMMUJIXCAnONS 1. Letter 1'I'0Il Macltay and r.omps, appealing Plannlng Commls- sion decls10n on application 7-z-65. Ma;yor Dempster directed the Clt;y Clerk to set thls us ror the next regular Coan<'1.l meeting. 2. Request rrc. Bs7Wood Hon:es, requesting permission to start construct1on on three homes 1n 'Jn1t fIlS before approval or the P1Da1 )laP. The City Manager aald this will come up under the J!'øgineer I s Report. 3. Letter rrc. the Chamber 01" co_ree stating they passed a Resolutlon to colIDend the City on Ita .ctlon relating to underg1'OUJJ4 ut1l1t1es. 4. Carbon cop!_ of' letter to Senator Jtuc1l!l1. Se!'ll1tor Murph¥. and Rep. Øa1l8er. relatlve to the Woodside overhead veraue underground ut1l1tles situation. 5. Letter r~ Governor Brown'a orrlce g1v1ng not1ce of the two Cont..&___ on Youth. -4- Moved by Counclll118D 1ioe1, seconded by Councllman Fitzgerald, to tile the written eommunleat1ons. Motlon carried, 5-0 VX A. REPORT 01' THE PLAHNING C<J!MISSION (See JUnutes 01" June 14) ChaIrman Gates ..14 he would prefer to cOIIIIent on the Itell18 as thq are brought up. 1. CPM DBVElDPIIÍS: Application l3-V-65 tor Varlance 1"or :front Jal'ds. street wldth, etc.. in a 4.5 acre develop- ..nt at .... ,-tll d. Of R1vera140 ,J)I'1~:. ad.fo1n1ng Deep ClUte 0ó1t' Co1Ìr8e (De Anza V_o). Approved by P1~ Co-ial!l1on Resolutlon 110. 273. Also, Tentatlve Map 9-'l'ií-65. Approved by Plann1DS ec-lss10n Resolution 110. 274. Council Reeolut1...'n No. 1124. Mr. Jack ltu&1a. ot MacKay and Somps. .. present to dlscuss the develo~t. Chairman oates aa1d the cluster homee have been eliminated and replaced by tour R-l homes. He stressed that the '57' street request aust have 4/5 vote of the Councl1 in order to pass. Moved by Councilman Flnch to adopt Councll Resolution No. 1124. Thls motlon was withdrawn to allow more discussion. ¡'he Director ot Public Works said h1s only objection ':;0 this develop¡¡ent concerned the street wldth. He said we are backing down on this stipulation, whlch may create a dangerous precedent. He feels we will not be able to effect1vely entorce one-way streets. And "No Parking" signs often go unheeded. The recommended minimum is 32' of pavlng, 1"rom face of curb to 1"ace of curb. :t.e City Attorney advised that we have private streets as r.arrow as 20' 1n Cupertino. Ibwelter, to go below a standard 60' requires a 4/5 vote of the Council. ~~. Kuzia 1"eels the 37' atreet will be adequate to handle any antlclpated sltuation. The Director ot Planning said the general idea here is to have a bare mln1mum of street width to preserve the character or the area and to help keep the speed of the automobiles down. It Is his belle1" that a narrower street tends to automatlcally slow down the tra1"1"lc. People seem to always exceed the speed limit, espeolally teenagers, but the llmlt would be exceeded to a lesser degr~e with a narrower street. Chairman Oates sald he Is inclined to go along with the thinking 01" the J>1rt.'ctor ot Pl'blic ;'orks. He questions whether flre trucks ~ould get thro.~ here in an emer- -:,;ency. especially If. t.he "N<) Pa~lng' . signs have been 19oored . It has been the observation of Co~cll.an Pinch in the past seven or 8Ó ye"rsin Cupe1.'t1no. tilth its narrow and/or part1a1ly developed streéts, that the Fire Depart- ll'ent has not bed any undue hardship 1h reach1ng its destlnat1ona.··. . - Councllman Stokes questioned the .lsd05 ot a sldewalk on only on~ side ot the street. He teels they should be on both or neltber aide 01" the street. -5- ~ . " -,' .,,:¡ , -" '., :,.," ~z Mayor DelD'p8t.r 1IIIOft4.re4 it the answ.r might l1e 1n the el1a1natlon or the sidewalk altogether and adding this width t;(J the .ue.t. M1'. lCuz1a sa1d th1S woí11d mean the reD:lYÙ ot aboUt three matured trees. The sidewalk was des1gned to cum, a1'OUll4 these trees. *1or DellpeteZ' ..laid tor co_nta trom the audlence. There were 110M" ",' . Mom b7 Coo"';'4'I~ PSDch, leconded by CouncUman F1tzgere1d to adopt ~....III&1:"'1IÍt1OD·ao: 1124. .." . . ' . A1I3: ~u ·-~:·1P1noh. P11:qeraJ.4. lfÞel. Stokes, Dempeter .ftR -žUI: ,., ' ' , ; .:.;.- . '! " ' '~1oD carried. ' 5-0 ~. .:. . :; ., 110'1'811 b7 eo_U-8tokel. seconded by Counclllllll.n P1nch tbat. I.e tIIe.sdi 110 on oø I1de ot,the streot. that 01117 goea &1"OUDI1 1ft a clrcle. vo\Ûd have - no appel"8nt value. and to ed4 to the aesthet1c value ot the s"rea, that the s1dewalk be deleted altogether.' ' , . The D1rector ot P.1'aN11ng.-telt that in any area, there should be a sid_lk to help protect the ch1ldren...a place tor th_ to jump 1n case (It an emergency. Counc1l- man P1nch telt that' 1n 'an emergency, kids always seem to f1nd some place to jump'out of the street to avold getting hi: by a car. As a drlver, Counc1lman Pinch said he we>:ùd rather see ch1ldren walk1ng &long the street; than have them dart out Into the street 1"röm -the side",alk. Tt.e Dlrector ot Public Works sald 9idewalks help to keep fee~ dryln ralny weather. AYES: Councl1men Pinch, pltzgerald,Noel, Stokes, Dempster NAYS: None Mot10n carried, 5-0 2. Rhodes Construction Co.: Tentative Map Application 4-'11«.;.65; 8 dupleXes, Vista Drive. Approved by Plannlng eo_iBllon 3/8/65. Counollman Stokes wanted It entered in the record that, although, thil appl1cation is under the name of the compar.y with wh1ch he 1& "Ic>clated and he drew up the Tentative Map, hel1Òw hes 110 corineoUon with 110. The property has been sold and tbe Tentative Map was sold as a part of the property. Mr. Carl Tuccl. 106112 Randy Lane, cupertino, said he tlould like th1s appl1cation approved by the ,Counc1l, aubject to the cond1tiOnslet torth by the Plannlng Commission. The D1reotOr-otPlann1n8':had_noobJections or comments to make at 'this t~ 'on th1iJ application. - Planning Collll1aa1on Chalrman Oates sald t_hey ap:;roved this app11caUÒI1. 'aubj."t to-' thè' responsell to' the letters to be Hltt 01.11; ,CO .1;be var1'òutr-agenc1es.' TItHe approvals have slDce betM,1IIee11Nd.', ,', -, ,:-' ,---.' ,,-, .'" '.1. .!..!..~,,~ ~·7fL ..~ '~.'¡' :'.:,.: .:: . Moved by CoUDC~ P1nch s80ol'llÌed:by,eouncllman Noel, to approve appllcat10n 4-'11«-~ per the, Planning COIIIDlss10n "CO 'nda"'-n ' '. ,-' "-,,',,, ~õI.U ....: '.' . .\. .. '. . .. '.., . .. , .. .. " . it . .. . . ..... . .. . ' . : '. . . ¡ ~! '. ' A'fæ: ,~~ci~, ritBieraiLd. Noel. Stokes, Dempeter laft: None ïiotlon cUrled, 5-0 -6- B. F.!..~'r OP THE ARCKITFCroRAL AND SITE APPROVAL C(ItIMI'rl'EE (See Minutes of: .1une 8, 1965, and Ml::," 25, 1965, a;:;:-::lcatlon 110. 186-11:-65 --- 14ure:ltlde) ~ Chief Ðu.11d1ng Inspector said approval by the Counçoll 0:: :h1s appl1cation was held up because there was some cr..:~s:lon about easements. This &1tuatlon has been resolved. Moved by Counc,1_ft Noel, seconded by CouncUman n~zgerald~ to approve appllcatlon 186-11:-65. AY!S: Counc1~ Pinch, ntzgerald, Noe1. Stokes. Dempster NAYS: Non~ IIotlon carried, 5-0 YD PUBLI;; H3ARINOS A. AsJeam-Jones Enterprises: Appeal: Appl1catlon 5-z-65 for rezoning 1'roIII A-2:B-lI to R-l; 54 acres o.n the hill west of Mercedes Road; a1JIo, Tentative Map 3-'Dt-65. Denled by Plan."11ng C01lllD1s810n Resolution Nos. 267 (Rezonlng) snd 26S (Tentative Map) May 10, 1965. Postponed 1"rom 6/7 me~~1ng. Se= ?age 3, these Minutes, for comments on this a;:;::~cation. vnI ORDIX;¿;'~SS AND RESOWTIONS FOR ADOPTION A. ~~:UTION No. lll2: Establishing Pay Rates for Fiscal Ye.:.:::, 1965-66. Y,:-;=-i by Counci1::;an Flnch, seconded by Ccuncilr.>an :~::~erald, to adopt Resolution No. ll12. ~~~: Councilmen Finch, Fi~zgerald, Noel, Sto~es, Dempster K.!..~-5: None Motion carried, 5-0 B. R:::S:::UTION NO. I1ll;: Accepting Grant Deed from Thomas G. ?css. :~~ =ity Attorney recommended adoption of this standard s:.:.:~tory requlrement. ~:~ei by Councll~n Finch, seconded by Councilman :~::gerald, to adopt Resolutlon No. ll14. , ^.~. .-. .......~. l1I-~__ . Councilmen Pinch, Fltzgerald, Noel, Stokes, Dempster None JIot1on carried, 5-0 C. RSSOLUTION NO. 1115: Authorizlng Issuance of Warrant for >..:..-.:~s'! 01" Rea1 Property. Th~ City Attol'DeJ' aald this has been wo'ked out with Trans- A=e!'lca Tlt1e Company and recommended Its adoption. pt:-òed by Counc1laan Pltzgera1d, sec(¡ooed by Councl1man Noel, to adopt RlIsolut1on No. 1115. A!3S: CouncUmen Pinch, P1tzgerald, ~el. Stokes, Dempster JL\YS: None - . IIot:1on carried, 5-0 -7- D. 1U!S0LUTI0H 11). 1116: Accepting 01'Ult Deed trom John P. Torre am i1ncent Torre. Jr. !be Clty !\ttorneJ' recollllDended adoptlon or th1s standard statu~ requ~t. It)ved bJ' CouDc1ban Pitzgo:orald, seconded bJ' Councl1man 1Ioel, tel .sc,pt ResoluUon 110. 1116.. . ADS: óouncu.en P1nch, P1tzgera1d, lfoéJ_, Stokes, Dempster IUS: lfoDe ,.' . IIotion CU'1'1ed, 5-0 B. RIISOLU'l'I01f _. inTt Authorizing Issuance or Warrant ror l'Urc.... ot Rea1 Property. !be City Attomey rec~ed adoption or this Resolutlon. It)ved bJ' CouftcUlm1' Nóe1, secÓÌlded. bJ' Counel1man P1tz~rald, to adopt Resolution No. 1117.- .. A'!IS: Councu.et\ l<'1nch, P1tzgerald, Noø1, Stokes, Dempster !lAYS: None Motton carrled, 5-0 p. ORDINANCE NO. 3121 Requlring Underground Utllit1es Wlthln and Adjacent To "eupertlno Town Center," a Planned Community Zone Bounded by Stevens creek Blvd on the north, Saratoga-8unnyvale Road on the west. Urgency Ordlnance. The City Attorney Read Urgency Ordil;ance No. 3l2, as prescribed by Law. Mcved by Councilman Stokes, seconded by Councilman ~,:zgera:ld, to enact Ordinance No. 3l2. Councilmen Fltzgerald 3S~ed the City Manager what the p.¡rpose or th1s Ordinance is. The Clty Manager said this Ordinance wlll prevent any argument, If the occasion should ever arise. He toresees no problema, but It 1~ al~ays best to have an. Ordinance to back you up; AYES: Councllmen Pinch, Fltzgera1d, Noel, Stokes, Dempster NAYS: None Motion carried, 5-0 IX PAYING BILLS . A. Resolutlona No. 1119 and 1120. 'i'reaaurer P1tzgerald read Resolution No. 1119. Moved by Cou:._..:i~ Noel" seconded by Councilman Finch, to adopt Reaó1ütlon No. l.ll9. AYES: Counc1)-sn P1.nch,.· P1t::gerald, No~, Stokes, DeI":j)8ter HAYS: Jfone:··. . _ IIotlon carrJ,ed, 5..0 - ; f-. ..:.... . t -. .. (,' Treasurer P1tzserald read Re601ut1ån _~. 1120. Moved 117 CQanCn~ StO\ceål.~8econded bY ~1!-n Pinch, to adopt ResoluUon No. 1141. AYES: Councl~ Pinch, P1tzgerald, Hoe1, Stokes, Dempster HAYS: None IIotton carrled, 5-0 -8- I REPORT OF OFFICERS A. REPORI' OF CITY TREASURER. He had noth1ng f'urther to report. B. REPORT OF CXTY MANAGER. 1. The Vater Depe.~ment wl11 meet on June 30th and on that date the)' vO.ll· set a date for a Joint meet1ng vlth the Council. 2. The School D1atr1ct hu asked the Councll, staft and audience to be especlally caref'u1 vlth thelr clgarettes. Ashtrça are provided. 3. The rent tor the City Hall has been raised, effectlve July 1st, to $250 per IIIOnth. Moved by CouncillDlU1 Pinch, seconded by Councilman Stokes to authorlze payment of $250 per IIIOnth tor rent ot the City Hall, etfectlve July 1st. AYES: Councilmen Pinch, pitzgerald, Noel, Stokes, Dempster NAYS: None Motlon carried, 5-0 4. The City Manager announced the Councl1 must continue to meet here at the Portal School Library at least two more tlmes. 5. The Water Commlssion reviewed the necessity of making a double charge 1"or all water service to those who are presently building, or that wlll build in the future, and do not annex to the Clty of Cupertlno. Present customers will not be affected. Cou:1cllman Flnch wondered 11" the last water rate increase was not adequate. The Clty Manager said the reason behlnd this double charge is to motivate them to annex to the City. In hardship cases, for example, where property is not adjacent to the city limits, there could be public hear1ngs and adjustments made. Mrs. Ann Anger, l0185 Empire Avenue, Monta Vista, asl¡ed 11" their water rate would be decreased if they annexed to Cupertino. The City Manager repeated this has no bearing on those already established -- only on newly-developed lands. Mrs. Anger said she is looking into the matter of water rates with other Jurlsdlctions. Councllman Noel asked if th1s method has been suc- cessful in other cities. The City Manager said it has been very successful. Ccuncllman Fitzgerald wondered 11" th1s would scare some developers away. Mr. Robert CromwfÙl, ._10520 ~rrlman Road, cupertlno, said the County Is stlll awaiting the receipt 01" a "water letter" f'roIII the Clty ot Cupertino. His constructlon has been held up 1"or six weeks. The Director ot ~bllc Works said he wlll look into the matter f1rst thing 1n the IIIOrning. Moved by Councllman Pinch, seconded by Councilman Fitzgera1d to continue thia to the next meeting. JIotlon carried, 5-0 -9- L. Special CIInS1W: !be ~ll;y Manager recOIIIIIIended Cupertino partlclpate 1a tbill special county-w1de CeD8WI scheduled tor Apr1.1. 1966. l1li teels It wUI ~ quj.te ~ef'1c1al to our CUy. Cost will be IU'OUDd $2,500. All respo_~b1. c~t~es 1n the County (except s...........le) haYe agreød to cooperate-wlth the Count7-1D this. Se) mVed bT ~r..~u.n Stoke., .eèonded by CouDc1:t.an Joel. ' AYBS: ,CoUDCn ., J'1Dcb, P1tqere.ld, 1foe1, Stolœ8, , u-pater JIQS: '1IOJw ~ carrled, 5-0 IIaJor Deç3ter càUed' tor '.' 't1ve-lII1nute rece.s at 9: 35 P.M. Ileet1ng reconvened at 9:115 P.II., .1th V1ce-IIQo~· StoJc_ P1'8c1d~. , " C. REPOR'1' or DIfta(.-rOn (Ø 1'tJBLIC WORKS The Director ex¡),....... Ms written report was s1mP1y a progress report. Ibwever, he wanted, to cODlllent upon seve~l items: 1. 3aywood Terrace, Unit lIS. Mr. Crump has asked tor ;:-erm1ssion to- c01l8truct three model ,homes prlor to ~:.::eptance ot Ma f'lnal map. Recommended procedure :::!' th1s sltuat10n 18 to have the developer p.1t up $:SCO cash or bond tor each model home to allow 1"or s~reet improv.-ents and completion 01" a sr.aller sub- ~lv1s10n, shou1d It be necessary, pendln~ co~pletion ~:: the final _p and post1ng of the full subcl1viSion X~. So: :::oved, by Councl1man Stokes, seconded by ::o'.¡ncilman S:~l. ;'\ZS: Councl1_n P1nch, Fitzgerald, Noel, S1;G:Ces SAYS: None J.3SENT: MayÒr ~ter Mot1on carried, ~-O 2. ~-'! Director ot Þubl1c Works said there is a tent;ative &greement w11;h the County tor participat10n in repaving a portlo1'1 01" McClellan Road. The final agree!:>8nt will toe presented ~ the near future. 3. \telfe Road Project. The Dlrector read h1s letter wh1ch c',òtl1ned the nec_a&17 corrections and addltlona to be Bade. It was b1it 6.......-ndatlon that the Councl1 accept t~..e 1IIIprovementa, with the except10ns as noted by the D:.rector. So DQved, by ~f'_n 11081, seconded by Counc~l.-n Pinch. AtBS: Counc1~ ~b, P1tzgerald, Noel. Stokes JaYS: ' NOne"', .' , Aø-. 'I)' ' , ¿; ~r /~I' ,. , ..,~~'~~, 4';'0 .; ~. . -. ~." . -1~' 4. Tract No. 3571, Deep C1H'1"e Estates, Unit 3; east s1de or Stevens Can70n Road at Rivers1de Dr1ve. The City Eng1neer recommerK!s that he be author1zed to 1nform the developer and h1s bonding company that the Improvement bonda "7 now be retlred. &:> mved, by CoUDC11-n Noel, seconded by Counc1lman Pi tlgB1'8ld. -'YES: Counc118eD P1JIch, P1.tzge1'8ld, Noel, Stokes NAYS: None ABSIII'l': MQor D.:. peter Jb1:1oD carr1.ed, 4-0 5. Tract No. 3663; _theaat s1de ot McClellan Road, west of Madrid Road. The C1ty Eng1neer ~cOØleJ1ds adoption of Resolutlon No. 1111, approv1ng P1.D&l Map, etc., Tract 3663. Clty Engineer to 111gn after Sanitary D1Btrict s1gna. So moved, by CouncllÐan Finch, seconded by Councllman Noel. AYES: Councllmen Finch, pitzgerald, Noel, Stokes NAYS: None ABSENl': Mayor Dempster Motion carried, 4-0 The Ci~y Englneer recommends adoption of Resolution No. 1l25, acceptlng G~~t of Easement (storm drain) frc~ Chester Da~co, et. ux. So =oved, by CC'~c1loan Finch, seconded by Counc11C18D Fitzgerald. AYES, Councl1oen F1nch, Fitzgerald, Noel, Stokes N,\YS: None ABSENl': Mayor De=lpster Motion carried, 4-0 D. REPORT OF CITY ATTORNEY He had nothing furt!ler to report. E. REPORT 01' BUILDING INSPECTOR He had nothing 1"urt~r to report. 7. REPORT OF RECRFATIOH DIRECTOR He was not present. G. REPORT OF CITY PLAJDŒR He 'had nothing further to report. -11- U UlIPIHISIíBDEUSIJŒSS , , A. City Seal In dlscualing tbe propos&1 by HalllDU1c, Councl1man Noel lald Halllllark Showl ~ our DIOney goes but not where It comes troaI.- - There U, DOtldDg here deplct1n8 Cupertino' I industry. CouncUman P1t;spN14 agreed. ,. Co\InC11IIIan Sto1re8 t'eU t~ Hallmark proJlONl. ... too "bus)'." 1Ir. Peter BId.s -.J4 tbe bulc idea of.~ olto)' 8ee1 111 to be .,.œl1c. Be fe1t;t:IIe JIa1llBrk de.1iÞ-"" 1Uuatrat1.ve rather t. ~ t u". . B1s propoaa1 ... of a 8ee1, to be '".1Ied on-the ·e;r.-~rhead, 3tO. Councl1..n iIotoi t'tI1t; -1:IIeCouncU ... t8Jlrh1g about 01" th1n8 and 1Ir. BId.s ... -'1r1I'\g.about aQOther. - ;·'Counc1ÎmaJ¡. ~h t'e1t that what the C1to)' was after... a lu1ta1lle Þ1acìWt t=o PftSent to citizens in appreciatlon ot their servicel lID! cJed1catlon· to the Clto)' ot Cupertino. 1Ir. MelVin hteu..m, 1159 Elms1"ord Drive, San Jose, who ls a cupert1no prop,uL". cnmer, telt we should have aometMng relatinS to cur anclent orchards and vineyards. Councl1man Noel... not completely pleaaed wlth elther Mr. Emlg's nor HI.1b:ark's suggestlona. He would llke to see some ~re d1JIplaya. Councllman Fitzgerald sald he likes the current "Horn 01" Plenty.·" , Councl1man Stolees aald maybe the plaque should be ot one 4esign anci the letterhead of another. be a in Maybe Councilman Plnch t'elt that .maybe the plaque should . DIOre personal thing, to be given to worthy persons commemoràtlon ot their contrlbutlons to the Clty. some type of s~rd_resolution ls the answer. Moved by COl,IJ\cllDan Pinch, seconded by Councl1man Noel, to ask HallllBrk and Mr. Emlg 1"or other suggestlona. AYES: Councl1men Pinch, Fitzgerald, Noel, Stokes NAYS: None ABSENT: Mayor Deoopeter . Ration carried, 5-0 B. Miscellaneous There was none. XIX MEW BlSINESS A. Councilman P1nc:h tee1s there is a need to let the general publ1c know _re about where thdr ~ dol1ara are going and 1n wMoh d1.rectlon the clty Is going. Moved by Councn....... :f'1nch. ;~c<?Dl1ed 117 Councl1man Noel, to direct the Clto)' _P" to t1ndou1,.1:he e~.t ot an annual report .Iit"toh .__,,, _ s1!re·. thil topo..~ ~o~tlon: 1. What the C1t7 111 cJoing. ... '" 2. Where the ~ 111 golng. 3. What plana &l1li cleYelopaents are b:rew1nS. Ii. The tunC,tl_ or the various deparL-..ta and employees. .t1.on oarrled, 4-0 -12- t: B. I ~," p- ~, i ~ f , , C. Mr. Melv1n Peterson said that although he Uvea elaewhere, he is a Cupertlno property owner and would like very much to be the rec1plent or such a report, as well .s the Cupertino J'es1denta. He was told that it the City dec'.des to go ahead wlth this. coples will ~ ava1lable at the Clty ~l. COunc1l1aD Stokes baa not1ced boule.rd trees broken or! and not "placed. Be ..ked 1Ibat stepa lUSt be taken to rect1t7 tb18. COuno1lMD P1Dcb ....U4 tllat poaslb17 It could be hanlUe4 like the DIN ~ 1Ibe1'eSD the pro..... .., ØllMr purchUes the treee ad the Cit7 WOII\4 p1aDt and _int&1n thetll. COuncUIIaD JIoe1 baa a1IIo noted the" are .uQ' rea1dft1ces where the 1alaDd betWeen tbe sideRlk ad c\Øtl are beJng neglected. lit _adered it 1IOIIIIth1n8 could be done about thls, posS1b1)" throuCh the Weed Abat_t Qrd1JIaJICe. Tbe Clty Manager øa1d tb1a ls '11117 hard to entorce. D. Councllan Stokes brought up the questlon or poaslbl)' a "No Lert Turn" sltuat10n at Baat Estates Drive an4 SteY'tlla Creek Blvd. XIII ADJOURlIo\EN'l' ATTEST: tlk'tdS i ¡ I I I Moved by Councllman F1nch, seconded by Councl1.-n Fitzgerald, to adjourn the meeting at 10:30 P.M. to June 28th, 8:00 P.M., at Clty Hall. APPROVED; /s/ J. Robart Dempster Mayor I 1- k~L--- City Clerk -13-