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CC 07-19-6510321 So. Saratoga -St_.nyvale Road Cupertino, California, 95014 PLANNiNG eb-AU19-sim C I TY OF CU PERTI NO California MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL - July 19, 1965 PLACE: Library, Portal School, 10300 N. Blaney Avenue, Cupertino TIME: 8:00 P.M. I SALUTE TO THE FLAG II ROLL CALL Councilmen present: Finch, Fitzgerald, Noel, Stokes (Mayor pro - Councilman absent; Dempster tem) Staff present: City Manager, Phil Storm City Attorney, Sam Anderson Dir. of Public Works, Frank Finney City Clerk, Larry Martin City Engineer, Bob Shook Dir. of Planning, Adde Laurin Recreation Director, John Parham Recording Secretary, Lois Inwards III MINUTES OF THE PREVIOUS MEETINGS - June 28, July 6 & 9, 1965 June 28th, page 3, line 11; Councilman Stokes said the figure should be 3 mils rather than $.03. Moved by Councilman Fitzgerald, seconded by Councilman Noel, that the Minutes of June 28th be approved as corrected. Motion carried, 4-0 July 6th, pages 9 & 10, NEW BUSINESS; Councilman Stokes said the following should be included: "In a previous Resolution, the City agreed to pay to the Vallco.Park L.I.D. one year's entitle- ment of the Collier -Unruh gas tax monies," Moved by Councilman Noel, seconded by Councilman Fitzgerald, that the Minutes of July 9th be approved. as.corrected. Motion carried, 4-0 July 9th, Item V, Councilman Finch pointed out that he and Mayor Dempster attended the Sanitary District Convention at Lake Tahoe at their own expense. Councilman Stokes was sent by the City.. Also, this motion was made by Councilman Fitzgerald and seconded by Councilman Finch. Councilman Finch moved, seconded by Councilman Fitzgerald, to approve the Minutes.of July 9th as corrected. Motion carried, 3-0 (Councilman Noel abstained) IV ORAL AND WRITTEN COMMUNICATIONS A. Oral -1- 1. Mr.` Harry Changnon, 10455 Westacres Drive, Cupertino, representing. the Cupertino Babe Ruth Baseball Club, passed out brochures to the Councilmen. He said their 8 ;teams consisted of 120 boys and"it`was their policy to let all the boys play, not..only the best ones. They ..have: raised over Woo this year, of which $4000 was spent on equipment (every boy has a uniform). Along with registration feet, umpire expenses, raffle prizes, etc.., they have over -extended themselves about $400. He also said some local sponsors did not "come through.." They are asking the City Council to authorize City funds from the Recreation Department budget to assist in paying some of these expenses. Otherwise, it will be necessary to cut back on their schedule. So far, some of the fathers have paid out of their own pockets for raffle prizes, etc., but Mr. Changnon did not feel this was right. Councilman Finch asked the City Attorney for his opinion on expending City funds for this type of venture. The City Attorney said that, from the point of view of ad- vertising, we have the power to do this. The fact that the money has already been spent brings up the factor that the Council will not be able to help decide how these funds are to be.'spent, however. He said it is up to the Council to decide whether it wishes to use this method of "advertising." Mayor (pro-tem) Stokes summarized that, if the City Coun- cil sees fit, and the City Attorney agrees that it can be done, it appears that the logical step would be for this gentleman to appear before the Parks and Recreation Commission to discuss this with them. Councilman Fitzgerald asked the City Manager if other cities do this sort of thing. The City Manager said that most cities do not sponsor baseball leagues and the like because of the limited scope of interest by all the citizens,. City funds should not be used for a preferential use. He agreed that this should come be- fore the Recreation Commission for their recommendation before the Council agrees to it. Councilman Finch said that the Parks and Recreation Department already has a well -thought-out program and available monies earmarked. He said that, even though he personally, through his business, sponsors a baseball team, he is opposed to City funds being used in this way. We are in the business of providing recreation for all Cupertino citizens. Councilman Noel asked where one should draw the line. Next, the Little League, etc.., might come forward with a similar request. He added that he is definitely in favor of parks and recreation, but in such a way as to benefit citizens of all ages and interests. Moved by Councilman Finch, seconded by Councilman Noel, to deny authorization of expenditure of City funds for the Babe Ruth Baseball League. AYES: Councilmen Finch, Noel, Stokes NAYS: Councilman Fitzgerald ABSENT: Mayor Dempster Motion carried, 3-1 -2- B. Written Communications 1. Legislative Bulletin from League of California Cities re: a. State & Local Sales and Use Taxes (AB 1). b. Cigarette Tax Enabling Act (AB 1615). c. Water Service Duplication (SB 687). 2. Copy of letter from Mr. Wm. Jelavich relative to the Stevens Creek Park Chain. 3. Request for Dance Permit at IOOF Hall, July 30th. 4. League of California Cities notice of July 29th meeting at Adobe Creek Lodge. Moved by Councilman Noel, seconded by Councilman Fitzgerald to file the written communications. Motion carried, 4-0 V B. REPORT OF THE ARCHITECTURAL AND SITE APPROVAL COMMITTEE (See Minutes of July 13, 1965) Chairman Horgan wanted to point out, under application 188-HC-65, Pacific Gas & Electric Company, that although it is not normal procedure for the H-Control, the City staff requested they include a condition for right-of-way dedica- tion on Homestead Road in their motion. The Director of Public Works said the Building Department has been in communication with PG&E and they are in agree- ment with this condition. Mr. Herb Weavill, PG&E Land Department; confirmed the Director's statement. The City Attorney requested a letter for our files reflect- ing this Agreement, so as to keep the City's files complete. The City Manager emphasized that we want the dedication now. In case it should be decided, at a later date, that we do not need it, the City can always abandon it. Moved by Councilman Fitzgerald, seconded by Councilman Finch, to approve the Architectural and Site Control Committee's decisions of July 13, 1965, subject to the stipulation that PG&E dedicate right-of-way on Homestead (see application 188-IBC-65) prior to issuance of Building Permit. Motion carried, 4-0 A REPORT OF THE PLANNING COMMISSION (See Minutes of July 12) 1. D. A. Excell: Application 10-TM-65 for roval of�pP PP Tentative Map; 3.8 acres east side of Foothill Blvd. at Ventura Avenue. Approved by Planning Commission 7/12/65• The Planning Director said Foothill Blvd. will consti- tute the access to the western part of Cupertino from Junipero Serra Freeway and Foothill Expressway. The County General. Plan shows it as a major arterial with either back-up policy or separate frontage roadways. This standard would definitely be needed when the western part of Cupertino is built up... -3- Tb-latter would be expensiup, so it would be much pre - of this date, tinere ®bsta@jqs t@ 4 ggod duality road; The apartment-s south Af eglpl�an ARM; ��tha@ket"f '44liy tl'4y@ n@ dir@pt aoeess, but would liave to be or a widening; and the duplexes south of Starling Drive., Lot 17 of the Tenta- tive Map now under discussion would add another obstacle, The Planning Director has been working on a plan for the.entire length of Foothill Blvd., but cannot present It now for lack of basic map material. He has suggested to the applicant either an easement and joint driveway to allow access from the interior street system or a Variance to combine lots 17 and 13 into one lot with four dwelling units.. The Director of Public.Works has advised that the 50' cul-de-sac could go 56' without penalizing the developer - too much. Mr. Gene Mastin has agreed to this stipula- tion. It is the recommendation.of the Engineering Department that it would be advisable to make as few exits as possible onto Foothill Blvd. Mayor (pro-tem) Stokes asked the Director of Planning if he has been in contact with the County on his Develop- ment Plan for Foothill Blvd. The Planning Director said it is on their General Plan, but they have done nothing to implement it as yet. Councilman Noel asked if lot 17 was developed before the access road was put in, how would they get in there? The Planning Director said he had no objections to temporary access onto Foothill Blvd. He is concerned mainly with the long-range planning. Chairman Gates said the Planning Commission discussed at great length the access problems here. He has nothing to add to the Minutes at this time. Moved by Councilman Finch, seconded by Councilman Fitzgerald, to grant approval to application 10-TM-65. AYES: Councilmen Finch, Fitzgerald, Noel, Stokes NAYS: None ABSENT: Mayor Dempster Motion carried, 4-0 2. C. B. Archdale: Application 15-V-65 (Variance). To extend existing building into rear yard; 20063 Merritt Drive. Denied by Planning Commission Resolution No. 282. Council Resolution No. 1136. Moved by Councilman Fitzgerald, seconded by Councilman Finch, to put this matter over until later to see if the applicant will appear. Moti.on.carried, 4-0 VI PUBLIC HEARINGS: }-C A. Van Vleck Realty Trust: Application 13-Z-65 to rezone 1/3 acre from R-3-H to C-1-H; northwest corner of Kerwin Lane and Saratoga -Sunnyvale Road. Approved by Planning Commis- sion Resolution No. 276. Ordinance No. 315. Mr. R. D. Van Vleck, 100 Kennedy Knoll Lane, Los Gatos, was present in regard to this application. The Planning Director said a professional office building in a PO-H Zone is required to have more parking space than the same buildin g and use in a C-1-H Zone. For that reason, C-1-H Zoning is advantageous to a developer.. A lower parking require- ment may be logical for a professional office building in a major shopping area, where parking areas support each other. In a more isolated location, such as this, the lower requirement of a C-1-H Zone may cause a shortage. Mayor (pro-tem) Stokes asked for comments from the audience. There were none_ Moved by Councilman Finch, seconded by Councilman Noel, to close the Public Hearings. AYES: Councilmen Finch, Fitzgerald, Noel, Stokes NAYS: None ABSENT: Mayor Dempster Motion carried, 4-0 Moved by Councilman Finch, seconded by Councilman Fitzgerald, to approve application 13-Z-65. AYES: Councilmen Finch, Fitzgerald, Noel, Stokes NAYS: None ABSENT: Mayor Dempster Motion carried, 4-0 The City Clerk gave the First Reading of Ordinance No. 315. Chairman Gates said, in regard to the Archdale application, that in all fairness to the applicant, (even though his was one PC of the negative votes) he was not convinced that the.applicant knew the legitimate reasons for granting of a Variance. The City Manager said he would have this checked out, and the Planning Commission can reconsider this application. Moved by Councilman Finch, seconded by Councilman Fitzgerald, that application 15-V-65 be referred back to the Planning Commission and be placed on the City Council agenda again. AYES: Councilmen Finch, Fitzgerald, Noel, Stokes NAYS: None ABSENT: Mayor Dempster Motion carried, 4-0 VII ORDINANCES AND RESOLUTIONS FOR ADOPTION A. ORDINANCE NO. 313: Amending Section 1 of Ordinance No. 2 by reclassifying a certain portion of the City of Cupertino from.an R-l:B-2 District to an R-1 District. MacKay property,. .(Second Reading.) Moved by Councilman Finch, seconded by Councilman Fitzgerald, that Ordinance No. 313 be read by title only. AYES: Councilmen Finch, Fitzgerald, Noel, Stokes NAYS: None - ABSENT: Mayor Dempster Motion carried, 4-0 -5- The title of Ordinance No. 313 was read by -the City Clerk. Moved by Councilman Finch, seconded by Councilman Fitzgerald, that Ordinance No. 313 be enacted. AYES: Councilmen Finch, Fitzgerald, Noel, Stokes NAYS: None ABSENT: Mayor Dempster Motion carried, 4-0 B. ORDINANCE NO. 314: Amending Section 1 of Ordinance No. 2 by reclassifying a certain portion of the City of Cupertino from an R-1:B-2 District to an R-24-H District. Crump property.(Second Reading) Moved by Councilman Finch, seconded by Councilman Noel, to have Ordinance No. 314 read by title only. AYES: Councilmen Finch, Fitzgerald, Noel, Stokes NAYS: None ABSENT: Mayor Dempster Motion carried, 4-0 The title of Ordinance No. 314 was read by the City Clerk. Moved by Councilman Finch, seconded by Councilman Noel, to enact Ordinance No. 314. AYES: Councilmen Finch, Fitzgerald, Noel, Stokes NAYS: None ABSENT: Mayor Dempster Motion carried, 4-0 C. ORDINANCE NO. 307: Requesting Inclusion of Certain Terri- tory Designated "Ricardo 64-4" Into Central Fire Protection District of County of Santa Clara. (First Reading) The City Attorney said this is a standard statutary ordinance and, as such, does not require a full reading unless specifically requested by the City Council. Moved by Councilman Finch, seconded by Councilman Fitzgerald, to hold the First Reading by title only to introduce Ordinance No. 307. AYES: Councilmen Finch, Fitzgerald, Noel, Stokes NAYS: None ABSENT: Mayor Dempster Motion carried, 4-0 The Title of Ordinance No. 307 was read by the City Attorney. D. ORDINANCE NO. 308: Requesting Inclusion of Certain Terri- tory Designated "Mercedes 64-5 Revised" Into Central Fire Protection District of County of Santa Clara. (First Reading) The City Attorney said this, too, is a standard statutary ordinance which does not require a full reading unless specifi- cally requested by the Council. M Moved by Councilman Finch, seconded by Councilman Noel, to have Ordinance No. 308 read by title only. AYES: Councilmen Finch, Fitzgerald, Noel, Stokes NAYS: None ABSENT: Mayor Dempster Motion carried, 4-0 Title of Ordinance No. 308 was read by the City Attorney. E. RESOLUTION NO. 1135: Approving Freeway Maintenance Agree- ment - Route 85 (formerly 114). The City Attorney stated he has read and approved this. The City Clerk said this is a standard Agreement for maintenance of Route 85. VIII PAYING BILLS A. Resolutions No. 1132 & 1133 Resolution No. 1132 was read by Treasurer Fitzgerald. Moved by Councilman Noel, seconded by Councilman Finch, to adopt Resolution No. 1132. AYES: Councilmen Finch, Fitzgerald, Noel, Stokes NAYS: None ABSENT: Mayor Dempster Motion carried, 4-0 Resolution No. 1133 was read by Treasurer Fitzgerald. Councilman Finch asked for clarification of Warrant 2442. The City Manager said this is for energizing the Fisher Well. Moved by Councilman Noel, seconded by Councilman Finch, to adopt Resolution No. 1133. AYES: Councilmen Finch, Fitzgerald, Noel, Stokes NAYS: None ABSENT: Mayor Dempster Motion carried, 4-0 IX REPORT OF OFFICERS A. REPORT OF CITY TREASURER He had nothing further to report. B. REPORT OF CITY MANAGER In regard to the De Anza L.I.D. procedure, it is recommended that we use two Statutes: the 1915 Act (financing only) and the 1911 Act (procedural and financing). Maximum interest rate is 6%, but in this case, 4% will probably be satisfac- tory. Plans are to review this matter before the Council on August 16 and probably go to bid in October or '14ovember. -7- 2. Regarding the underground electrical in the Tcwn Cen'Ler, PG&E is installing the underground conduit at six street evosedngs prior to the paving since they hq3re zn_A4,s,-r6e�-� ment they wil) be, ea o :ex- penditure - penditure. They afe`asking that the City. qee that -this reimbursement is made. This will entail the Engineering Departme,nt,-4e,,:noti-f-yin4-,arW- -de-velopee"In the Tomi Center that, in additiom--to other charge-q., iie must pay,a-pro- rated--amount for electrl_*,c�al &ervaLee. Once it is in, PG&Ehaz no dt-her way to control it than b-hrough the City,, Councilman Finch asked the City Attrarney if 'he foresaw any problemb'here. The Cit-y Attorney felt this procedure was in order. Moved by Councilman Finch, seconded by Councilman Fitzgerald, to authorl.7,e the Keyor and the City Clerk to sign this Agreement. AYES: Councilmen Finch, Fltzgerald, Nbo4, Stokes NAYS: None ABSENT: Mayor Dempster Motion carried, 4-Q 3. The Sheriff I s� of fice has reco=erided the speed, limit on McClellan Road between S"th Stelling and Saratoga - Sunnyvale Road be reduced from ,35.DTPH.to 25 MPH,. 4. The City Manager called .attention to the f orthcamllto� meetings listed on page 4.of his report dated 7�14V65- 5. In regard to the, corpQration y.exd, the City'kanager has tried to find a different, more suitable site f6lr i,mable tv s� thp 4 n ,cbQ corporation yard, but he has been addition, a considerable amount of money has bee,6sVept on the development .off' the present site.. For t hiqbp reasons, the City Manager respectfully requested the City Council to complete this badly -needed oorporatlen yard. Moved by Councilman Finch to authorize the City Manager to proceed- with the construction of the present corpor&!- Lion yard. Councilman Fitzgerald seconded the motion., with a questlx>n. Councilman Fitzgerald azked the Planning Director if he has:1-any suggesti-anz for another site for the corporation yard, The Direotor said the present site seemed suit- able. , The City will keep it clean and camoTlaged so that it will not be objectionable to the surroundings. In the case of. privately -owned Light industrial use here, this might not be the cas.e. He added that the administration office for a school for retard4d children have made inquiries about this area,, CouncitIman Fitzgerald -asked whether the City Manage:i� had looked into the tm acres on Blaney. The City Manager said the price. is. prohibitive. AYI�.S: Goumilmen Flnnh.j Sto-kes NAYS: ADSENT: mayor Dempst,91-- Motion tied, 2-2 The City Attorney said that normal procedure in this case would be to.carry the matter over until the next meeting. Councilman Fitzgerald said he would like to see something in writing from PG&E regarding the Blaney Avenue land: Mayor (pro.-tem) Stokes said that his affirmative vote was based on the statement that the City Manager had tried to find another location but was unable to do so. C. REPORT OF DIRECTOR OF PUBLIC WORKS The Director gave a resume of the items in his written report of July 16, 1965. Councilman Stokes, in regard to Item 3, Cupertino Town Center, asked if we should first send this to the State for approval prior to review by the City Council. The Director agreed with this reasoning. He added that we also need an OK from the Flood Control. In regard to Item 7, De Anz.a Improvement Project and the Stevens Creek Blvd Improvement Project, the Director said he had a two-hour meeting with Messrs. Ken Jones and T. Sandis in Lawrence Brian's office and made some real progress on these items. REPORT OF CITY ENGINEER 1. GEIGER, east side of Mt. Crest Drive, 200' south of Santa Teresa Drive. The City Engineer recommended adoption of Resolution No. 1129, authorizing execution of Agreement with Glenn C. Geiger, et ux. So moved by Councilman Noel, seconded by Councilman Fitzgerald. AYES: Councilmen Finch, Fitzgerald, Noel, Stokes NAYS: None ABSENT: Mayor Dempster Motion carried, 4-0 2. TRACT NO. 3993, DE ANZA VERDES, east end of Riverside Drive. The City Engineer recommended adoption of Resolution No. 1137 approving Final Map, etc., Tract No. 3993, De Anza Verdes. City Engineer to sign after Sanitary District signs. So moved by Councilman Fitzgerald, seconded by Council- man Noel. AYES: Councilmen Finch, Fitzgerald, Noel, Stokes NAYS: None' ABSENT: Mayor Dempster Motion carried, A-0 City Engineer recommended adoption of Resolution No. 1138 accepting Grant of Easement (storm drain) from Albert Bracher, et. al. So moved by Councilman Noel, seconded by Councilman Fitzgerald. AYES: Councilmen Finch, Fitzgerald, Noel, Stokes NAYS: None ABSENT: Mayor Dempster Motion carried, 4-0 -9- 3. TRACT NO. 3663, Southeast slag of mncioilan Road, west of Madrid Road. City Engineer recommended adoption of Resolution No. 1139 authorizing execution of said Agreement with the County of Santa Clara. So moved by Councilman Noel, seconded by Councilman Fitzgerald. AYES: Councilmen Finch, Fitzgerald, Noel, Stokes NAYS: None ABSENT: Mayor Dempster Motion carried, 4-0 D. REPORT OF CITY ATTORNEY 1. Resolution No. 1134 was read by the City Attorney. It rescinds Resolution No. 1117 and changes the figure for acquisition of the Torre property to $90,000. Moved by Councilman Finch, seconded by Councilman Fitzgerald, to adopt Resolution No. 1134. AYES: Councilmen Finch, Fitzgerald, Noel, Stokes NAYS- None ABSENT: Mayor Dempster Motion carried, 4-0 2. In regard to the court case on the animal clinic on Silverado Avenue, the City Attorney said that no individuals in connection with the City will be re- quired to appear at court on this case; they are no longer parties to the action. E. REPORT OF BUILDING INSPECTOR He was not present at this meeting. F. REPORT OF RECREATION DIRECTOR The Director gave a rundown of classes now being offered. They are: Beginning oil painting for adults, children's sketching, judo, ballet, baton, social dancing, boys' and girls' gymnastics, creative drawing, archery, bridge, tiny tot programs, square dancing, tennis, soft ball. All of those classes are self-supporting. Classes to be started soon are: Learn to sail and a non -athletic child program. Mayor (pro-tem) Stokes asked about the City's liability insurance in regard to these recreation programs. The City Manager said we are completely covered on all phases of recreational activity. In addition, these programs are very well supervised and precautions are taken to prevent any accidents G. REPORT OF CITY PLANNER The Planning Director said his office has received a notice from the County asking Cupertino's opinion on an application for a Use Permit to maintain horses at Elcalde & Foothill Blvd. He received this too late to bring it before the last Planning Commission meeting. -10- Mayor (pro-tem) Stokes asked the Director for his opinion. The Director said he has no objections now, but 5 years from now this could cause a problem. Perhaps a temporary use permit would be the answer. Councilman Finch felt no Council opinion was needed since the City is not involved in this. If it should later become annexed, the taxes would probably make boarding horses on this property impractical. The City Engineer said the adjacent property is currently undergoing annexation proceedings. The City Manager did not foresee any problems with this intended use. He suggested the Planning Director be in- structed to bring this up before the Planning Commission and to thank the County for letting us know about this application. X UNFINISHED BUSINESS A. Mayor (pro-tem) Stokes asked about the contract with the Los Altos Garbage Company. The City Manager said he has been working on this and plans to have a completed report at the next meeting. B. The City Manager asked for an executive session at the end of this meeting. C. Mr. A. Peter Emig wanted to submit his new design for a city seal. He was advised to submit it at the time the other entries are to be reviewed. XI NEW BUSINESS A. Teenage dance, July 30th, at the IOOF Hall on Homestead Road. Moved by Councilman Finch, seconded by Councilman Noel, that the applicant be given permission to have this one dance and, if it is successful and they wish to continue this on a regular basis, they should take it up with the Recreation Department. AYES: Councilmen Finch, Fitzgerald, Noel, Stokes NAYS: None ABSENT: Mayor Dempster Motion carried, 4-0 B. A 90-Day Time Deposit for $283,072.16. The City Clerk said the City has received 4 bids on this Time Deposit. Moved by Councilman Finch, seconded by Councilman Fitzgerald, to award the 90-Day Time Deposit for $283,072.16 to First Valley Bank for 4-1/8%. AYES: Councilmen Finch, Fitzgerald, Noel, Stokes NAYS: None ABSENT: Mayor Dempster Motion carried, 4-0 The City Clerk said the 90-Day Time Deposit for $796,000 has already earned $8,383.36 interest. -11- XII ADJOURNMENT Moved by Councilman Noel, seconded by Councilman Fitzgerald, to adjourn at 9:35 P.M. to an executive session. Motion carried, 4-0 Meeting reconvened at 9:50 P.M. Moved by Councilman Noel, seconded by Councilman Finch, to adjourn the meeting at 9:50 P.M. to Monday, July 26th, at 8:00 P.M., at Portal School Library, for the joint meeting with the Water Commission. ATTEST: City Clerk APPROVED: -12- Gary Stokes Mayor pro-tem ..... "-": ....."'; ,-~ .._", -~~ 10321 50. Sanltoga-5unnyvale Road Cupertino, California, 95014' CITY OP CUPERTINO ca:urom1a 252-4505 ~ OF'1'ØB R.BGULAR lUIU.L1IQ OF TBB CITY COUNcIL - Ju1y 19. 1965 !f.ACB: L1~1'81'1,. Portal School, 10300 N. Blane)'-Avenue, cupertino '!DBa $:00 P.M. Í;. šWm \"0 TII ~ -"~n° ROLL CALL, ; CcNncU-npresen1:: Pinch. P1tzgeNld.' Noe1. : Stokes (IIQ'Or pro- CoUDcu.u abaeDt, DeIIpIItar tem) Statt preoent: C1~ MaDapr, l'h11 StaN C1t;r Attome)'. $a. ADc1ereon Dir. ot Pub110 Vorløl, Prank Pinney Cit;r Clerlr. Joa1'1'7 1Wrt1n City JfDs1ñear". Bob Shook, Dir. ot pllU1rdns. Adde Laurln Rec~tion Director. Jot\D Parham Recordlng Secretary, Lo1B _ Inwards UI MINUTES 01' TBB PREVIOUS MBBTINOS - June 28. July 6 a: 9, 1965 June 28th, page 3. line 11; Councilman Stokes said the figure should be 3 ~lls rather than $.03. Moved by Councl1man Pitzgerald, seconded by Councl1man Noel, that the Minutes or June 28th be approved as corrected. Motlon carrled, 4-0 July 6th, pages 9 II 10. NBW BUSINESS; Councilman Stokes said ttu tollowlng should be Included: "In a prevloua Resolution, the City agreed to pay to the Vallco Park L.I.D. one year's entltle- ment of the Collier-Unruh gas tax mon1es." Moved by CouncllmaR Noel. seconded by Councilman Pltzgerald, t!lat the Minutes of July 9th be approved as corrected. Motlon carried, 4.-0 July 9th, Item V, Councilman Pinch po1nt,ed out that he and MayO] Dempster attended the Sanltary District Conventlon at Lake -Tahoe at thelr own expense. Councll"n Stokes was sent by the Clty. Also, this motlon was made by Councllman Pltzgerald and seconded by Councilman P~nè:h. ,'Councilman Pinch moved, seconded by Councilman Pltzgerald, to "àpprove the )f1nutes otJµly 9th as corrected. .: . ~. . . ~. ¡. .. . ... ,.'. Motion c..'í'I'i~, 3-0- ' (Councilman'Noel abstained) IV ORAL AND WRITTEN CœDI1NICA'l'IONS ". A. Oral -l- 1. Mr. Harry Changnon, 10455 Vestaerea Drive, Cupert1no, representing the CUpert1nO Babe Ruth Baseball Club, passed out brochUres to the Council_no He said their ~ teams cona1atecl or 120 bo¡a and It was their pol1cy to let all the bot!. Pla7, not only the best ones. They have raiaed over ft¡OOO this year, at wh1ch r.ooo was s~t on equ1l8!nt (eve1'1 boy haa a Wl1to:nD. Along wl th registratlon teea, umpj.re expenses, rat1"le prlzes, etc., the)' have over-ex1:ended themSelves about $400. He &1.so aa1d some 10ca1 sponsors dld not "COile through." They are alk1ng the Cit)' Council to authorize Clt)' funda from the Recreation Departllent budget to ..lilt in psy1ng 10IIe at tbelle expenses. Otherwile, it 1f1ll be necelsa1'1 to cut back on ~1r achedule. 80 tar, IIOIÌ8 at the tathera have ¡a14 out ot their own pocketa tor rattlè priRa, etc., but 1Ir. CbIn¡non did not t..1 thia was r1¡ht. Councl1.-n ftDch aàJted the Cit)' Atto~ tor his opinlon on·expeÞ11JJs Cit)' tImdI tor thia t7P8 at venture. The C1~ Attol'De)" ..lei t..1., troll tile point at view ot ad- vert1a1ng, .. _ft- tile ¡lOWer to do thia. '!'tIe taot that the .onq baa a1r..~ ~ spent br1np up the faotor that the COImcU 1f1ll DOt be ab1e to help declde how thele funds are to be spent, however. Be sald It la up to the CouncU to dec1de whether It wlshes to use this _thod ot "advertia1ng." Mayor (pro-tem) Stokea _rlzed that, 11" the Clty Coun- cl1 sees fit, and the C1ty Attorney agrees that It can be done, It appura that the logical step would be 1"or this gentle.an to appear betore the Parks and Recreation Commisslon to dlacusa this wlth them. Councllman Pltzgerald asked the Clty Manager 11" other c1tlea do this sort of thing. The Clty Manager sald that most cltles do not sponsor baseball leagues and the 11ke because ot the llmlted scope of Interest by all the cltlzens. Clty funds should not be used for a preterentlal use. He agreed that this should come be- fore the Recreation Commlssion tor thelr reeommendatlon betore the Councll agrees to it. Councllman Pinch said that the Parks and Recreation Department already has a well-thought-out program and avallable monles ea~rked. He sald that, even though he peraonally, through his business, sponsors a baseball team, he ls opposed to C1ty !"unds being used In th1s way. We are In the buainess ot provldlng recreation for all Cupertlno cltlzens. Councllman Noel asked where one should draw the line. Next, the Llttle League, etc., mlght come torward with a slmllar request. He added that he ls deflnitely in favor 01" parks and recreation, but In such a way as to benetlt cltlzens ot all ages and interests. Moved by Councllman P1noh, seconded by Councl1man Noel, to deny authorlzat1on of expend1ture 01" Clty funds for the Babe Ruth Baseball League. AYES: Councllmen Pinch, Noel, Stokes NAYS: Councllman Fitzgerald ABSENT: Mayor Detlpater . Motion carried, 3-l -2- - - . B. Wrlt:en COlllllUl\1cat1cna 1. Legislat1ve JIIa1let1n !'rom Løgue or'Cal1forn1a Clties re: &. State" 1.0<-1 Sa1es and Use Taxes- (AB 1). ~. C1øIU'ett:e!'ax. BMb11ng Act (AB 1615). c. vater: ~è. Dupl1cation (SB 687). 2. ~,...o.! ,~~.E~ c:-...~ Je.la'i1ch re],at1ve to the 3. 1Ie9¥""': tc»1!' ÌIIÌÍíc."l"eftI1tat lOOP JIIll. oTul,. 30th. . '.. .... . 1&. Leque ot call1'ol'D'1â Clt1.. notice' of Ju17 29th _t1ns at Adobe. c.lI..~.. Moved ~ Ccaon....' aMl. seconded 117 CcUDC118an P1tasera1d to rUe the wr1tHD coIIiIaun1cat1oDII. IIoUon carried. 4-0 .- V B. REPœT OP THE 'ARCBb&-~vtIAL AJID SITB APPROVAL C,--,n"1"BE (See MinUtes ot oTul7 13. 1965) C~ Horgan IIIUlted to po1nt out. under applicat10n 188-3:-65. l'aC'1t1c Oaa a: Electric Company, that although it Is oot no:naa1 procedure for the H-Control, the Clty staff req¡;.es:ed the7 1nclUde a condition for right-of-way dedica- tion en Homestead Road In their motion. The :lrector ot Publlc Works sa1d the Bu11d1ng Department has ~een 1n co~cat1on wlth ~ and they are 1n agree- men~ with th1s condltlon. Mr. Eerb Weavll1. l'GI:B Land Department, con1"irmed the Dire=:~r's statement. The :~t7 Attome7 requested a letter 1"or our f1les reflect- ing :~~s Agreement, 80 as to keep the Clty's flIes complete. The :~ty Manager elÇhas1Zed that we want the dedication now. In eue lt should be declded, at a later date, that we do not ~eed It. the C1t7 can alwa7s abandon It. Moved by Counollman P1tzgerald, seconded by Counol1man Finch, to spprove the Architectural and Slte Control Committee's decisions of Ju1y 13. 1965, subject to the stlpulation that PG&a jedlcate right-of-way on Homestead (see appllcation l8S-1iC-65) prlor to 1esuance of Bu1ldlng Permlt. JIIotlon carrled, 4-0' A. REPOR':' OP THE PI-'JIJIDIG C<J4MISSION (See Minutes of July l2) 1. :'. A. &tceU: Appl1cation 10-'111-65 for approval of' !entatlve Map; 3.8 acres east slde of Poothlll Blvd. at Ventu:raAvenue. Approved by Planning CommlsBion :/12/65. ~e Plann1n¡ Dlrector sald Foothl1l Blvd. wlll consti- t1,¡te the acc.eaa to the western part of CUpert1no from J'=1pero Serra ~...ay and Pooth1l1, Expreasway. The Count7 Qenera1-_nan~hoW8 it aa a' ,"Jor arterlal wlth either ba.ck:-uppo11c7 or separate -frontage roadways. !!Ib standard _111 def1nitely be needed whl':fl the westem pert ot _Cra_pert1no is bul1t up. -3- · - ~ latter would be expensive, so it would be much pre- h r thi' .....e ð -" . - - -,-- _..~-~ +- , t ~ 0 0......,.,., ,,&~'JI:(,¡ a....... \,H_,I .........._____.. ....""_ ." c;t. obStacles to a gpod quality roa:1: The apartments -south of McClellan Road. wh1c~ actually have no dlreot !\ccess, :>.:t would have to be taken for a widening; and the ~exes south o~ Star11ng Drlve. Lot 17 01" the Tenta- tive Map now 1I!"Aer d1SCU8s10n would add another obstacle. '!be plaJln1Dg- DIreCtOr baa been working on a plan tor the entire 1eastb ot Pooth1ll Blvd.. but cannot present it IIØW tor -lAclr,~ .'-c map mater1a1.. He baa D'l¡r,geat.nd to the appl1cllll1: idtlí8r an easeeent and Jo1nt driveway to &11011 _acc... ~ the interior atreet I17St8111 or a 1IIr1aDCe to'~ lOt. 17 am 13 1nto one lot with f'gur dIIe111Dg uaJ.t~:~, _ ' !be D1reCtor ot NiÍtò' Works baa adv1aed that the 50' cul-de-sac could lIP 56' without penaUB1DS the developer to:! Ech. Mr. 'ØeDIt 1lut1n haS agreed to this stipula- tion. ' It 18 the rec_ ....tion of the Engineering Department tlat It would be advisable to make ss tew exita as posslble onto Pooth1l1 Blvd. !I.ayor (pro-taw> Stokes asked the Dlrector ot Planning it he has been 1n contact with the County on his Develop' ~t Plan tor Poothil1 Blvd. The Planning Director said it Is on thelr General Plan, but they have done nothing tc iClplement It as yet. ~';ncllman Noel asked i1" lot 17 w~s ~eveloped before t~e access road was put in, hew would they get In there? ~~e Plannlng Director said he had no objections to te-:porary access onto Poothl11 Blvd. He is concemed =a~~ly with the long-range planning. C~~irman Oates sald the Planr.lr~ Commission discussed a~ ;reat length tt.e access prcèlems here. He haS ~~tr~ng to add te the Minutes at this time. ~:.ed JY Councl1oan Finch, seccnded by Councllman :~~~gerald, to grant approval ~o application lO-TM-65. AY::S: Counclloe.. P1nch, F1t=gerald, Noel, Stokes SAYS: None A3S=:NT: Mayor De!!lpster Motion carried, , - --~ 2. :. 3. Archdale: Application 1~-V-65 (Variance). To ~x~end existlng ~~llding Intc !'ear yard; 20063 Merritt :'!'lve. Denled by Plannlng CO::l.,,:lssion Resolution No. 28~ ::~~cil Reso1ut10n No. ll36' y~.ed by Councl1man Fitzgerald, seconded by Councilman ?L~ch, to put th18 matter over ~ntil later to bee If ~he applicant will appear. Mot1on carried, 4-0 VI l'UBIJ;C !i:1..!UNGS.: A. Var. Vleck Realt7 Trust: Appllcation l3-Z-65 to rezone 1/3 acre f:ooaI R-3-H to C-1-H; northwest comer Of KeMlln Lane and s.r.toga-s~e Road. APProved by Planning Commis- don Resolution Mo. zr6. Ordinance No. 315. -4- Mr. R. D. Van Vleck. 100 Jtennedy IDoll Lane, Loa oatea, wae pre.eat 1n regard 1;0 Uda appl1catIon. . The pþlPln11'16 D1reCtor ~ a protesslonal otL.ce bUJ.ldlng in a 1'O-B Zoue 18 req¡dreII 't.> bave more pUking apace than the same bullðJ.D & óUII1 UH JJI ....C-l.B. Zone. For tba.t ~cin. ·C-1·H ZoD1n£ 18 advant'li...... ....- CO . developer. A 101Ier partdJ!s requlre- MDt .e:r be 1081(".1 ~or. prot...IoaaJ. ottice '.....,..1.. in a -Jar shopping u.. ~ park1ng areaa aupport each other. ID . ~ 11101&_ ~ftr,' aueb &Ii thil, the loWer requ1relll8nt ot . «:'1-B Zone.eT r -r a lbort&p. ;~ =-t~~~L'!:."~. ø-tor,co__I'~~- a¡aUence. ....,... ..'... . .c_ .' __ _.. -' - ~ !~:: :. ~~~~ !-J:; !øôonílecl bJ': cO~n- lIoe1. 1;0 '. ADS: COmIcll.-i ..~-ì.;' iitssel'lJ.d. 1Ioe1, S1:oIce1 .13: IIoDe . Àævr: IIQor J 1 pd8r 1løt1n1 carrled, 11-0 Moved by Councl1een ..,_h, aeconded by Councllman FltzgeraJ.d, to approve app11cat1GD 13-Z-65. AYES: Councilmen P1Dcb. JP1tzgerald, Noel, Stokes HAYS: liene AæØ!: !layor DemplSter Motion carrled, 4-0 The Ci::¡ Clerk gave tbe P1rSt Reading of ordinance No. 315. Chal~~ :ïates sald, in regard to the Archdale appllcatlon, t~t in all falmesa 1;0 tbe appl1cant, (even though his was one at the ce.;;ative votes) be was not convinced that the appllcant knew the leglt1Jate r -__ for gnnt1ng 01" a V8rlance. The Ci':y llanager sald be 100uld have tt.is checked out, and the nannir-õ :olllllllsslon can reconslder th1s appllcatlon. Moved t¡ Ccuncllman P1Dch. seconded by Councllman Fitzgerald, that appli~atIon l5-V-65 be referred back to the Plannlng Coaa1sai~:l and be placed on the Clty Counoll agenda again. AYES: Cc=~llmeD P1nch. JP1tzgerald, Noel, Stokes JlAYS: )ène ABSENT: !layor DemplS tel' IIot~ carrled, 4-0 VII ORDINAN:ES AND RESOLU'n~ l'OR ADOPTION A. ORD!JW«:E NO. 313: a nding Sectlon 1 of ordinance No. 2 by reclaall1ty1ng a certain port1on of the City or CUpertino trea an R-l:B-2 ~t;rSct tø an R-l Dis.trict. Maclta7 property. (lJe~ad P . a1ng~ ) )loved b1 CCuncllman P1Dch; seconded by Councilman J'1tzgerald, tbat Ord1nance No. 313 be read by title only. ØB8: Cour.c:lllM1D P1ncb.. "aserald, Noel, Sto¡Ces ~: b\rt 1IISBIft: IIe;Jor Dempster' . IIot1.oD carried, 4-0 -5. .. - 'lbe title of 0I'd1JlanCe 110. 313 1I&S read b,.the City Cleric. J',oved by (:(\unc1lman P1nc:b. ~onded by Councilman pitzgerald, 1;ba1; Ord1Mnc,~ 110. 313 be enacted.. A~: Cóul1c:!.:I,men·P1nCb" P1';&3êrald, lIoel, Stokes aDì· lime .....1': _lOr])..pater . ,'1..' - 1. ¡:~ Ili!UòD . etii;1ect. 11000-- 'ê.'" ,JJ¿i ~1WIJ£B_t'91I1: 'Á ~. .IIh~:seat1oií1 or Qidt_....e~. 2 117 rec1allaity1D& a .......t.dD port1Oft- Dr:tIIe Cit7 of cupertino trom an R-1:B-2 In..81:;rict to an R-24-B District. CruIIIP p!'Oþerty. (A~~---"1"'IÜ'" , . Roved by Counc,'_n I'1Dcb" aecoø!ect by Counc1,_n lIoe1, to bave Qrd1nanCe 110. 31" Had _ t1t1e onl7. ØBS: Councl1men Pinch. P1tzgerald, lIoel. Stokes .YS: None ABSENT: Ma~r Dealpater MOtion carried, 4-0 The title of Ordinance Ho. 314 was read by the Clty Clerk. MOved by Counc1lman Pinch, seconded by Counc1lman lIoel, to enaot Ordinance No. 3lb. AYES: Councilmen Plnch, Pitzgerald, Noel, Stokes HAYS: None ABSENT: Mayor Dempster Motion carrled, 1¡-o C. ORDINANCE NO.~: Request~ Inclusion or Certaln Terri- tory Deslgnated Ricardo 64-4 Into Central Fire Protectlon Dlstrlct of County or Santa Clara. (Flrst Reading) The City Attorney sald thls ls a standard statutary ordinance and, as such, does not requlre a full reading unless speci1"ically requested by the Clty Councll. MOved by Councilman Pinch, seconded by Councl1man Fitzgerald, to hold the First Readlng by tltle only to introduce Ordinance No. 307. AYES: Councilmen Pinch, pitzgerald, Noel, Stokes HAYS: None ABSENT: Mayor Dempster Motlon carrled, 4-0 The Title of Ordinance Ho. 307 was read by the Clty Attorney. D. ORDÌNANCE NO. 308: ReqUesting Incluslon 01" Certa1n Terri- tory Designated "Mercedes 64-5 Revised" Into Central Plre Protect1on District or County of Santa Clara. (Pint Readlng) '!be Clty Attorney sa14 tbU. too, ls a standard statutary ordinance wh1ch does not requlre a !'ull reading unless spocitl- ca117 requested by the Councl1. -6- Moved by (;l)unc11- lI'1nch, seconded by CouncUIBn Noel, to haVè Ord1nanC'!Jlo. 3>8 read by title only. ADS: Councilmen JI'1nch, Fitzgerald, Noel, Stokn NAYS: None ABSEIrr: 1Cayor Detça1:er Jlðtion carrled, 4-0 1'1tle of ordinance 1ìo~ 308 1faS read by the Clt7 Attomey. , . .E. fiBSOI.lJ'1'JØIf JÐ&.. u;15: . Appro~ Fu..,. ~e Açee- _t - BoUtè, cr.J :(foNeJ'17 nil). . . . '!'tIe CltT Attorney 8tat:eð be baa read aDd avP1'o"ed th1e. ofhe C1t7 Clerk IIa1it. Wa 1&' a steDdar4 ~.anr ·L tor .-intenance ot Route 85.' . VID: PAYDG BILLS A. Resolutlona No. 1132 a: 1133 Resolution No. 1132 _s read by Treasurer Pitzgerald. Moved by Councl11Dan JIoel, seconded by Counc1.11111lft P1nc~, to adopt Resolutlon No. 1132. AYES: Councilmen Pinch, Pltzgerald, Noel, Stokes NAYS: I~me AæENT: Mayor DelllPllter Motlon carried, 4-0 Resoluticn NO. 1133 _s read by Treasurer Pltzgerald. Councl1man Pinch aeked tor clarlflcatlon ot Warrant 24112. The Clty Manager sald tl11s Is tor energlzing the P1sher Well. Moved by Councl1man Noel, seconded by Councl1man Flnch, to adopt ResolutIon No. 1133. AYES: ~=cl1men P1nc:h, Pltzgerald, Noel, Stokes NAYS: None ABSENT: Mayor Dempster JIotlon carrled, 11-0 :IX REPORT OP OFPICERS A. REPORT OF CITY '1'REASURER He had nothing t'.uother to report. B. REPORT OP CITY IWIAGER In regard to the De Anza L.I.D.procedure, It ls recollllllended that we use two Statutes: the 1915 hct (f'1.nanclng only) and the 1911. Act (procedural and tlnanc1ng). Maximum Interest rate Is &/0. but m th1a case, 4': w1.11 probably be satlstac- tory. Plans are to revlew this _tter before th~ r."uncll on Aug-<1st 16 and probably go to bld 1n Occ;ober or .oOvelllber. -7- 2. Regard1ng the ~~d electrical in the Town Center, PG&S 1s 1nsþ1H~ the unde.-ground condu1t at siX stI'P.et crossings prior to the paving since they have an Agree- ment guarantee1Dg they will be re1mbursed for th1s ex- penditure. 1'be7 are asking that the Clt;r see that th1s re1mbur8~ment Þ .-de. This '01111 ental! the Engineering De~nt'. DOU1)"1Ds any develope¡- in the To1ft1 Center that, 1ri a4d1~ t¡o other charges, he _t PØ7 a pro- rated lUIIOunt ~ør electrical serv1ce. Once 1t 1s in, P'JU ball no 'ot;bet'''' to control it than through the C1t7. Cc.mc1iJll:lb "nDíiÏa~, the City Attome)" 1~ he ~orella. arq prob1_........·',iIIa Cit;r Attom87 f'e1t tb18 procedure 11&8 in order ~ IIDved bJ COVfII!1~- nnch. secondEd bJ CouDe"-" P1t;zaera1d. t¡o _IJI.·a1Ze the Mayor and the C1ty C1e:'\c to a1¡n tb1a ... nt. AYES: Counc1~ P1DCh, Fltzgerald, Noel, Stokes NAT.>: None ABSmrr: MQor D prater IIot1ol1 carried, 4-0 3. The Sheriff's o~ice hall recommended the speed limit on McClellan iIoa~ Þetween South Stelling and Saratoga- Sunr.yvale Roðd be reduced from 35 MPH to 25 MPH. 4. The City Manager :.&lled attention to the fortl".coming meetings lUted :::: ¡:age 4 01" his report ~.ated 7/14/65. 5. 11'. !'egard to the cor;:oratlon yard, the City Manager M" trled to 1"ind a ~rferent, mo!'e sultable slte for the corporation yaro, but he has been unable to de se. In adjition, a c<mS:'::erable amount of money has been s~ent on the developae:1t of the present slte. For these reas~r.s, the Cit7 Manager respect1"ully r~~ested the City Councl1 t? complete this badly-needed corporation yard. Mcved by Cc\õnCl1-r. Pinch to authorize the City Manager to .roceed with tr.e construction of the preser.t corpora- tiO:1 yard. Ccur..-:::.l_n P1tzgerald secor.ded the motion, wlth a quest1Gn. Co~n~ilman P1tzgera1d asked the Planning Dlrector if he has any suggestions f'or another slte 1"or the corporation yard. The D1.reCtor aald the present site seel:led sult- able. The Clt;r 11111 kHP It clean and car:x>1"laged so that it w111 not be ob.lectlona'ole to the surround1ng&. In the case of' ~rat~ly-owned light industrial use here, this 1II1ght: not be the cnse. He added that the adm1nistration otr1ce for a school for retardeG children have made 1nQIdr1e11 about th1s area. Councilman I'1t~ asked whether the City Manager had looked into ÜIe two acres on Blaney. The City Manager saJ.d the ¡::¡'1ce i8 prvhiblt1ve. AYES: Counct1 - P1nch, Stokes NAYS: Ccunc11 . I'1tzgerald, Noel ABSENT: MQor D J . ter IIoti.(ID tied, 2-2 -8- The Clty Attorne:r a1d that normal procedure in this case woul:! be to car1'J' the asatter over unt1l the next meet1ng. Co'JIICllman P1tzgen.1d sa1d he would l~e to aee lomething 1n writing fro. ... regarding the Blaney Aven¡" land. MQ'or (pro-teia) en..,.... sald that h1s att~t1ve baaed on the atat "t,that the Cit)" JIIDa&er b84 t1nd another 10caUGD but 1I&S unab1e to~do ~. vote was tried to c. RBl'œ'f OP Dm...-da _~C WOMB " ~ ~ . , , '. Tbe D1rector, ~.. .....~! ot the it_ 1ft b1JI written report of' Ju17'1fj~ -lØ5'ò " CouDcu.n Stan.. ta resard tel Item 3, ,Qlpert;1Do '!'own Center, aaked U _-~d tuat aend th1a t;o tile State t'or approftJ. 111'101' to .....s- 117 the Cit)" CoUDC11. The Director ,epeed with th1as - I ''lit. He added t..t _ &180 need an - II[ 'trœ the PlooI! ~ - ",vl. In regard to xte. 1. De Anza Improvement ProJect and the SteftM Creek B1'1d ~~t Pro3ect, tile D1rector sald he had a two-hoar iii ung w1th Me8l1'll. Ken .Jones and '1'. Sanr:!iB in La.. --~ Brian'1I offlce and .ade 80111E real progress on tbetle 1t.... REPO!r. OP CITY UN.uIAISI< 1. G.5:IGER, east a14e ot Nt. Crest Drlve, 200' south 01" Santa Teresa Dr1Ye. 'l'he Clty Engineer reco_nded ~option of Jte801ut10n No. 1129, authoriZing executlon ct Agreement with G1enn C. Geiger. et we. So ooved by Councilman Noel, seconded 117 Counc1lman ? ltzgerald. AYES: Councll11en Pinch, Pltzgerald. Noel, Stokes NAYS: None AßSEIfI': Mayor De8peter Mot1.oD CÆlrrled. 4-0 2. ':'?.l.CT NO. 3993. DX AJIZA VEm>ES, eaat end of' R1veralde Drlve. '!'he C11:7 Engineer reco_nded a40ptlon of Resolution 110. 1131 approving Pinal Map, etc., Tract !ie. 3993, De ADza Verðell. City Engineer to slgn after Sanitary District a1&n8. So :1Oved by CotmC1lan Fitzgerald, seconded by CoU'lC1l- CIIIr. Noel. AYES: Councl~ Pinch, Fitzgerald, Noel, Stokes NAYS: None ABSEIfI': Mayor Ð ¡..tel' Mot1oD carr1ed, 4-0 Clty Engineer :¡-_ ""ed, adoptlon ;>t Re801utlon No. 1131 accepting Gnmt ot Ea8ement (storm drain) troll Albert Bracher, et. &1.. So moved by Ccnmc1lan Noel, seconded by Councilman P1tzgerald. . AYES, Courlc1~ P1DCh. Fitzgerald. Noe1. Stokes NAYSI Reine - AB;UIIIT; MIQ'or 1) ~... t.er Mot1clD ca1T1ed, 4-0 -9- .3. TllAC'r 1m. 3663, Sout.h..ast s1d.. ot 1Ir.r.1011an !\oar\, Wf':st ot JIId.r1d Road. City BÞg1neer recommended adopt1on of Resolution No. 1139 authorizing execution or said Agree~e~t with the County of Santa Clara. So mW8CI _ Councilman Noel, seconded by Counc:lman Pl~1.rI~Ä1d. AYIS: CøuDcl111en P1nch, RUS: _ a_ ". -~r Dellpater . .. I ~ P1tzgera14, Noel, Stokes Rotion carr1a4, 4-0 D. tI:iPQh cøèl.ft. AftuIum% 1. "'1aUaD 110. 1134 was read _ the Clt)oAttol'M7. It i'escJìllle 1Iøo1ùt1on No. 1117 IUI4 challpB the f1gw'e for ·......Ulon 'of the Torre property to $90,000. ~ved .., Councll.-n Pinch, seconded by Councilman P1tzpnJd, to adopt Re80luUon 110. 1134. AYES: Councilmen Pinch. pltzgerald. Noel, Stokes NAYS: lime ABSENr: ~r Dempster Motlon carried, l¡-o 2. In regard to the court case on the anlmal cl1nlc on Sllverado Avenue. the City Attorney said that no 1nd1v1dua1s in connection with the Clty will be re- quired to appear at court on th1s case; they are no longer partles to the actlon. E. REPORT OP æILDING INSPECTOR He was not present at this meeting. P. REPORT OP a::"aFATION DIRECTOR The D1recto:!'" ¡:¡ave a nmdo"'"I1 of classes r.ow being o1"1"ered. They are: Beg:lnning 011 painting 1"or adults. children's sketching. Judo. ba11et, baton. soclal dancing, boys' and glrls' gymnastics. creative drawing. archery, bridge, tinY tot progra.a, square dancing, tenn1s, so1"t ball. All of those c~es are self-supportlng. Classes to be started soon are: Learn to sal1 and a non-athletic child program. Mayor (pro-tea> Stokes asked about the Clty's l1ab111ty insurance 1n reprd to these recreation programs. The City Manager said we are completely covered on all phases or recreatlona1 actlv1ty. In addltlon. these programs are very we1l IlUperv1.aed and precautlona are taken to prevent any acolden" G. REPORT OP CUY PLANNER The Planning Director said h1s o1"rice has recelved a notice from the CouIIQ aakingCUpert1no' s op1n1on on an application for a Use 1'8zIdt to" malnt..'Jt þorses at E1calde a: Foothill Blvd. Jfe received th1s t.1') late 1;0 .bring It be1"ore the last Planning Co '--1on meeting. -10- Mayor (pro-tem) Stokes asked the 'Director for h1s opin1on. The D1rector sa1d he bas no obJect10ns now, but 5 years trom now this could cause a problem. Perbaps a temporary use permit wou1d be. the answer, - - Colinc1lan Pinch telt no Council opin1on was needed since the C11;J' 18 not 1n901ved 1n this. It 1t shou1d later become aDD£ "ed, tile taxetI -1IOlI1d probab17 .alee boa1'd1Dg horaes on th1a P1"O..-I.,,- 1JIpråct1cal. ~"~'~~r~" ~~~;:t: propert7 18 currently 'l'tIe Cl1;J' -~I.r 414 not tores.. ~ problelllll w1th th1s 1Dtea4ed .e. .... _tell the "....... D1reCt.or be 1n- stNcted to br1DS'tbÜ up belore tile P1....... Co..us1on lUllS to tbaIIIc the CouD1;J' tor 1ett1ns us knoW about th1a app11cat1on. X UHPIHISBBD I!USIlIBSS A. MQor (pro-tem) Stokes asked about the contrect w1th the Los Utos Garbage CoIlp8JlY. 'l'tIe C1t7 Manager said he has been working on th1s and plana to have a comp1eted report at the next meeting. B. The City Manager asked tor an executivt.: 8esslon at the end ot th1s meeting. C. Mr. A. Peter EID1g wanted to submit h1s new deslgn tor a city seal. He was advlsed to submlt It at the time the other entries are to be revlewed. XI NEW BUSINESS A. Teenage dance. July 30th, at the IOOP Hall on Homestead Road. Moved b:y Councilman Pinch, seconded b:y Councilman Noel, that the appllcant be given perm18s10n to have th1s one dance and. It It ls successful and they .1sh to cont1nue tUs on a regular basls. they should take It up wlth the Recreatlon Depsrtment. AYES: Councl1men Pinch. Pltzgerald, Noel, Stokes NAYS: None ABSENT: Mayor Dempster Motion carrled, 4-0 B. A go-Day Time Deposlt tor $283.072.16. The City Clerk said the Clty has recelved 4 blds on th1s T1me Depoa1t. Moved b:y Councllman F1r.::h. seconded b:y Councilman Pitzgera1d. to award the go-Day T1me Depoa1t tor $283,072.16 to Plrat. valley Bank 1"or 4-l/8J'. AYES: Councllmen Pinch, Pltzgerald, Noel, Stokes NAYS: None ABSENT: MRyor Dempster Motion carried, 4-0 The City Clerk sald the go-Day Time Depoa1t for $796,000 has alread;y earned $8,383.36 1nterest. -11- XII ADJœRNMENT Moved by Councl~ Noel, seconded hy Councllman Fltzgerald, to adjourn at 9:35 P.M. to an executive session. Motlon carrled, 4-0 Meeting reconvened at 9:50 P.M. Moved bJ Counc11~. Roe1-, seconded bJCouncl1man Pinch, to adjoum the ~ at 9:50 P.M. to 1Iöni!a7,¡ July 26th, at 8:00 P.M., at Ibitil School L1bra!7'~ tor'the ,faint meeting With the Vater C. '..1on. APPROVED: . Isl ~ Stokes r (pro-tem) A'l'TBST: ~~(. ,.I. 6..~,l-<... Clty Clerk -l2-