The URL can be used to link to this page

CC 08-02-65PLANNiNG ComMiSSION 10321 South Saratoga. -Sunnyvale Road Cupertino, California, 95014 f 1 �'125'2-4,q9ffi C I T Y O F C U P E R T I N 0 California MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL - August 2, 1965 PLACE: Board Room, Cupertino School District Office 10300 Vista Drive, Cupertino, California TIME: 8:00 P.M. I SALUTE TO THE FLAG II ROLL CALL Councilmen present: Councilmen absent: III Finch, Fitzgerald, Noel, Stokes, Dempster None Staff present: City Manager, Phil Storm City Attorney, Sam Anderson Dir. of Public Works, Frank Finney City Clerk, Larry Martin Dir..of Planning, Adde Laurin City Engineer, Bob Shook Recreation Director, John Parham Chief Bldg. Insp., Bill Benevich Recording Secretary, Lois Inwards MINUTES OF THE PREVIOUS MEETINGS - July 19 & 26, 1965. The City Clerk stated that on page 1 of the July 19th Minutes, first paragraph under Item III, that correction should be deleted and the original figure of $.03 per hundred is correct. Moved by Councilman Stokes, seconded by Councilman Noel, that the Minutes of July 19, 1965, be approved as corrected. Motion carried, 5-0 Councilman Stokes stated that in the July 26th Minutes, page 4, his statements in paragraph 7 seem to be out of context and he would like that paragraph moved to the end of Item II. On page 2, paragraph 6, the City Manager wanted to clarify that Mr. Fowler is Chief Engineer of Santa Clara County Flood Control and Water District. The last line of paragraph 6 should read: ".....has signed a contract for imported water." The last 2 lines of the last paragraph should read as follows: "......as opposed to 100-125 P.P.M. hardness for imported water after treatment." The City Manager wanted to clarify paragraph 1 of page 3 in that he was asked what the cost would -.be for imported water and he had said it would run $62 per 100 acre feet. Another correction for the same page is the term "Cupertino Water Service" should be changed to read: "Cupertino Water Depart- ment." He added that paragraph 11, beginning with: "Mr. Leonard said that....." should be deleted. The intent here was that Mr. Leonard had suggested the City could make an investi- gation as to whether or not they could get interim water ser- vice from the City of Santa Clara. -1- Moved by Councilman Stokes, seconded by Councilman Fitzgerald, to approve as corrected the Minutes of July 26, 1965. Motion carried, 5-0 IV ORAL AND WRITTEN COMMUNICATIONS A. WRITTEN 1. First Valley Bank Pledge of Securities. ($200,000 of U. S. Treasury Notes.) 2. Communication from Chief Clerk, California Assembly: Copy of Assembly Bill. 3. Notice of Inter -City Council Meeting on Thursday, August 5th, in Cupertino. 4. Minutes of the last Inter -City Council Meeting. 5. Letter of appeal from Mr. Leo Ruth, relating to the Planning Commission denial of application 15-Z-65, Proud Homes, Inc. MINUTE ORDER: Moved by Councilman Fitzgerald, seconded by Councilman Stokes; to have this placed on the agenda for the next regular City Council meeting. Motion carried, 5-o 6. Application for a business license to operate a dancing school on Silverado Avenue. The City Clerk said this came in after 5 P.M. this day and the staff has not had sufficient time to categorize it. MINUTE ORDER: Moved by Councilman Fitzgerald, seconded by Councilman Stokes, to have the staff make a report on this at the next regular meeting. AYES: Councilmen Finch, Fitzgerald, Noel, Stokes, Dempster NAYS: None Motion carried, 5-0 Moved by Councilman Noel, seconded by Councilman Stokes, to file the written communications. Motion carried, 5-0 B. ORAL COMMUNICATIONS 1. Mr. Paul Roberts, 1330 Broadway, Oakland, representing Osborne -Kemper -Thomas, Inc., gave a background of his company's scope of operations and a resume of his con- versations with the City Manager, starting in April of this year, in regard to the possibility of a new city seal and placque design. He said his company is willing to go ahead with this project, whether their art work is used or if the City should decide on someone else's. He was concerned about misrepresentation of their motives after reading an article in the Courier about it. -2- Mayor Dempster said this matter was clear in the minds of the Councilmen and that it has been tabled until all entries are prepared. Mr. Roberts said his company is working on another one, also. The Mayor said all entries will be reviewed at the same meeting. V A. REPORT OF THE PLANNING COMMISSION (See Minutes of July 26) Chairman Gates had called Councilman Stokes to say that he would be unable to attend this meeting and that the Minutes spoke for themselves. wv_O 1. M, L. Geisler: Application 16-V-65 for a,Variance to allow a 6' fence along front of the house; 11094 La Paloma Drive. Approved by Planning Commission Resolution No. 284. 7/26/65. Rev. Geisler was present to answer any questions. He told the Council that the need for this 6' open fence is because they have a retarded child who must be kept in the yard, but could participate somewhat with other children through the open fence. He assured the Council that the fence would be attractive and an asset to the community. Councilman Stokes said he has been out and looked at this lot and feels the fence will not in any way obstruct the view from cars. The Chief Building Inspector agreed with this observation. Moved by Councilman Stokes, seconded by Councilman Noel, to approve application 16-V-65, per the Planning Commis- sion recommendation. AYES: Councilmen Finch, Fitzgerald, Noel, Stokes, Dempster NAYS: None V Motion carried, 5-0 ED2. Allen B. Williams (Western Title Co.): Application 12-TM-65 for approval of Tentative Map; 1/2 acre on McClellan Road, 1/1E mile east of Foothill Blvd. Ap- proved by Planning Commission Resolution No. 285. 7/26/65. Mr. Williams was present to answer any questions. In answer to Councilman Stokes' question, the Planning Director explained that this is on the south side of McClellan, Deep Cliffe Unit 4. It is part of the original plan. He said the Planning Commission had discussed whether these lots would be involved when and if McClellan were realigned. The Director said that if vie straighten McClellan to make a better profile the change would be more radical and these lots would not be in line with the street. They may end with a dead-end street, however. Moved.,by Councilman Finch, seconded.by Councilman Noel, to approve application 12-TM-65 per the Planning Commission recommendation. AYES: Councilmen Finch, Fitzgerald, Noel, .Stokes, Dempster NAYS: None Motion carried, 5-0 B. REPORT. OF THE ARCHITECTURAL AND SITE APPROVAL COMMITTEE. Chairman Horgan said the Minutes stand for themselves. -3- Moved by Councilman Stokes, seconded by Councilman Fitzgerald, to approve the Architectural and Site Control Committee Minutes of July 27, 1965. AYES: Councilmen Finch, Fitzgerald, Noel, Stokes, Dempster NAYS: None Motion carried, 5-0 VI PUBLIC HEARINGS A. Don Chuck: Application 12-Z-65 to rezone 1 acre from R-1 to PO-H; southwest corner of Wolfe & Richwood Drive. Approved by Planning Commission Resolution No. 280, 7/12/65. Councilman Fitzgerald abstained from this Hearing since his office is dealing with this property. Mr. Chuck asked for a delay on this Hearing until his architect arrived with the drawings and renderings. The Council agreed to delay this Hearing until later on the agenda. VII ORDINANCES AND RESOLUTIONS FOR ADOPTION A. ORDINANCE NO. 307: Requesting Inclusion of Certain Territory Designated "Ricardo 64-4" Into Central Fire Protection Dis- trict of County of Santa Clara. Second Reading. Moved by Councilman Stokes, seconded by Councilman Noel, to have Ordinance No. 307 read by title only. AYES: Councilmen Finch, Fitzgerald, Noel, Stokes, Dempster NAYS: None Motion carried, 5-0 The City Clerk read the title of Ordinance No. 307. Moved by Councilman Noel, seconded by Councilman Stokes, to enact Ordinance No. 307. AYES: Councilmen Finch, Fitzgerald, Noel, Stokes, Dempster NAYS: None Motion carried, 5-0 B. ORDINANCE NO. 308: Requesting Inclusion of Certain Terri- tory Designated "Mercedes 64-5 Revised" Into Central Fire Protection District of County of Santa Clara. Second Reading. Moved by Councilman Noel, seconded by Councilman Fitzgerald, that Ordinance No. 308 is to be read by title only. AYES: Councilmen Finch, Fitzgerald, Noel, Stokes, Dempster NAYS: None Motion carried, 5-0 The City Clerk read the title of Ordinance No. 308. Moved by Councilman Noel, seconded by Councilman Fitzgerald, to enact Ordinance No. 308. AYES: Councilmen Finch, Fitzgerald, Noel, Stokes, Dempster NAYS: None Motion carried, 5-0 -4- C. ORDINANCE NO. 315: Rezoning Lot 38, Tract 584 from R-3-H to C-1-H (norwest corner of Kerwin & Hwy 9). Second Reading. Moved by Councilman Noel, seconded by Councilman Fitzgerald, to have Ordinance No. 315 read by title only AYES: Councilmen Finch, Fitzgerald, Noel, Stokes, Dempster NAYS: None Motion carried, 5-0 The City Clerk read the title of Ordinance No. 315. Moved by Councilman Noel, seconded by Councilman Fitzgerald, to enact Ordinance No. 315. AYES: Councilmen Finch, Fitzgerald, Noel, Stokes, Dempster NAYS: None Motion carried, 5-0 VIII PAYING BILLS A. Resolutions No. 1142 and 1143. Resolution No. 1142 was read by Treasurer Fitzgerald. Moved by Councilman Finch, seconded by Councilman Noel, to adopt Resolution No. 1!42. AYES: Councilmen Finch, Fitzgerald, Noel, Stokes, Dempster NAYS: None Motion carried, 5-0 Resolution No. 1143 was read by Treasurer Fitzgerald. Councilman Finch asked abort Warrant No. 6663. The City Manager said this is our share of maintenance of signals at Stevens Creek Blvd and Saratoga -Sunnyvale Road and Homestead Road and Saratoga -Sunnyvale Road. Councilman Finch asked about Warrant No. 2466. The City Manager said the City sometimes hires Heple Company to come in and do difficult installations which are, in turn, paid for by the customer. Moved by Councilman Stokes, seconded by Councilman Noel, to adopt Resolution No. 1143, AYES: Councilmen Finch, Fitzgerald, Noel, Stokes, Dempster NAYS: None Motion carried, 5-0 IX REPORT OF OFFICERS A. REPORT OF CITY TREASURER He had nothing further to report. B. REPORT OF CITY MANAGER 1. AB 1150 has been signed by Gov. Brown. By direction of this City Council, the City Manager wrote Gov. Brown, urging him to sign this bill. -5- 2. Arrangements for the Inter -City Council meeting have been made at Blackberry Farm in Cupertino for Aug. 5th. C. REPORT OF DIRECTOR OF PUBLIC WORKS 1. The Director hopes to have the completed report on the Regnart Creek matter for the next regular Council meeting. 2. The Director briefly reviewed the items in his written report of August 2, 1965. REPORT OF CITY ENGINEER 1. THE CHURCH OF JESUS CHRIST OF LATER -DAY SAINTS. The City Engineer recommended acceptance of the improvements. MINUTE ORDER: So moved, by Councilman Noel, seconded by Councilman Stokes. AYES: Councilmen Finch, Fitzgerald, Noel, Stokes, Dempster NAYS: None Motion carried, 5-0 2. TRACT NO. 3783, BAYWOOD TERRACE, UNIT NO. 4. West side of Linda Vista Drive The City Engineer recommended adoption of Resolution No. 973 accepting roadway dedication from Estin H. Baker, et.ux. So moved, by Councilman Noel, seconded by Councilman Fitzgerald. AYES: Councilmen Finch, Fitzgerald, Noel, Stokes, Dempster NAYS: None Motion carried, 5-0 3. TRACT NO. 3663. Southeast side of McClellan Road, west of Madrid Road. The City Engineer recommended adoption of Resolution No. 1140 accepting "Quitclaim Deed and Authorization" from Franklin -Bahl Development Company. So moved, by Councilman Fitzgerald, seconded by `'Councilman Spokes. AYES: Councilmen Finch, Fitzgerald, Noel, Stokes, Dempster NAYS: None Motion carried, 5-0 4. TRACT NO. 3993, DE ANZA VERDES East end of Riverside;nr*ve. The City Engineer recommended adoption of;Resolution No. 1141 accepting "Quitclaim Deed and Authorization" from CPM Developers. So moved, by Councilman Noel, seconded by Councilman Fitzgerald. AYES: Councilmen Finch, Fitzgerald, Noel, Stokes,Dempster NAYS: None Motion carried, 5-0 -6- D. REPORT OF CITY ATTORNEY 1. Ordinance No. 316 was read by the City Attorney. 2. Ordinance No. 317 was read by the City Attorney. 3. Ordinance No. 318 was read by the City Attorney. The City Attorney stated the above three Ordinances are supported by the Sheriff's office. Mayor Dempster stated that constituted the First Reading for Ordinances Nos. 316, 317 and 318. 4. The City Attorney asked that the report on the central park site be continued to 9:00 P.M.., when a representa- tive.is scheduled to be present. E. REPORT OF BUILDING INSPECTOR He stated that he had no report. F. REPORT OF RECREATION DIRECTOR 1. There will be more than sixteen campers leaving in the morning for Bib Basin. The Recreation Director feels this will be a good opportunity for the campers to observe and learn about nature. 2. The "Learn to Sail Program" will get under way on August 12, 17 & 19. The first meeting will be in a private pool and the other two will be in the school pool. 3. Through the cooperation of Olympus Music Center, the Recreation Department is planning to start offering organ lessons. G. REPORT OF PLANNING DIRECTOR �OC+� 1. The Director called attention to page 2 of the Planning Commission Minutes of July 26th in regard to the appli- cation with the County for the proposed billiard parlor and slot -car racing establishment at Stevens Creek Blvd. and Mann Drive. The Planning Commission went on record as objecting to the C-2 zoning and the granting of the Use Permit on the grounds that it would be incompatible with nearby residential area. Mayor Dempster asked the Council and the audience for any comments. The Council elected to not make any / recommendations on this, on the basis that the Planning V Commission usually takes care of this type of thing. 2. In regard to the Proud Homes application, the Planning Commission was not against the zoning, but they were against the layout of Portal Avenue and Vicksburg Drive and the revised shape of the park. Councilman Stokes wondered if it could have saved time and effort if the Planning Commission had tabled the matter and sent a directive to the City Council out- lining these facts.. The Director said the Planning Commission was planning to do this sort of thing but, somehow, the motion came about and was voted upon. -7- X UNFINISHED BUSINESS A. Since his architect had not shown up by this time, Mr. Chuck requested his application 12-Z-65 be put over until the next regular meeting of the City'Council. MINUTE ORDER: Moved by Councilman Stokes, seconded by Council- man Fitzgerald, at the request of the applicant, to put application 12-Z-65 on the agenda for the next regular City Council meeting. Motion carried,' 5-0 B. Corporation Yard Discussion Moved by Councilman Finch, seconded by Councilman Stokes, to authorize the City Manager to continue development of the current site. The motion. and the second were withdrawn until the City Manager returned to the meeting. He had stepped out of the:iroom for a moment. C. Councilman Stokes wondered, since San Jose and Santa Clara have passed a cigarette tax, whether Cupertino should also consider this. Mayor Dempster said this will probably be discussed at the Inter=City Council meeting this Thursday and he invited the Councilmen to attend. D. Councilman Fitzgerald asked if we should contact Sunnyvale in regard to the proposed joint meeting which was to have been held in July. Mayor Dempster said action on this matter is imminent, but he did not know to what extent. ill C`z,i. c; E. Corporation Yard Discussion. The City Manager said he has checked other properties that are available and find they are either landlocked or the prices are unreasonable. The P.G. & E. site was offered for $30,000 and there is no ingress or egress.. He does not feel this is a proper location for the corporation yard. Councilman Fitzgerald asked the City Manager about the Gagliasso site. The City Manager feels this location would only compound any problems that we are experiencing with the present location. He assured the Council that the corporation yard will be properly landscaped and buffered. Councilman Fitzgerald feels that the present site leaves the door open to M-1 uses and specifically, a resubmittal from the welding shop. Councilman Stokes said that, at the time -that application was denied, the corporation yard was already in the process of being developed. Mayor Dempster, sa .d ,he is: not conv'inc.e.d that 'the only thing to put up. against. freeways, is apar- ' . ts. They do not `always create a good image for .Cupertino, with laundry hanging on the clotheslines, trash cans, etc. On the other hand, if the development of the corporation yard is handled properly, the City can set'an,example of how we want the property adjacent to the freeways to be handled. The City Manager felt the Council will compel him to see to it that the corporation yard is done in good taste. Mr. I. H. Mittleman, 1050 University Drive, Menlo Park, re- presenting the former Fisher property, opposed the location of the corporation yard in that it will set a precedent in the area. They plan a very nice..development about 300' from the present site. He asked that the Council consider the two following recommendations, if they choose to keep the present site: 1. The Council pass some form of resolution to go on record that professional rather than industrial is the intend- ed use in this area. 2. At such time as Mary Avenue is opened, the City might consider the moving of the corporation yard to some other site. Mr. Mittleman said he understands that the buildings are of the type that can be moved. Councilman Stokes said it is his feeling that some future Council could move the corporation yard to another location with a majority vote, and the second suggestion by Mr. Mittleman is not necessary. He said Cupertino needs a corporation yard and the City Manager can find no other suitable location. It is not his feeling that this is definitely a permanent, unalterable site. Moved by Councilman Finch, seconded by Councilman Stokes, to authorize the City Manager to proceed with the construc- tion of the corporation yard at the present site. AYES: Councilmen Finch, Noel, Stokes, Dempster NAYS: Councilman Fitzgerald Motion carried, 4-1 Mr. Mittleman asked if the City Council plans to have a study made on other, more desirable locations for a cor- poration yard. The Planning Director said he has made an interim report to the Planning Commission on this subject. XII ADJOURNMENT Moved by Councilman Finch, seconded by Councilman Stokes, to adjourn at 9:25 P.M. to an executive session. Motion carried, 5-0 Meeting reconvened at 10:20 P.M. The City Attorney read Resolution No. 1145, A RESOLUTION OF THE CITY OF CUPERTINO ACCEPTING WARRANT DEED FROM THOMAS G. ROSS AND ELSIE M. ROSS, HIS WIFE. Moved by Councilman Fitzgerald, seconded by Councilman Noel, to adopt Resolution No. 1145. AYES: Councilmen Fitzgerald, Noel, Dempster NAYS: Councilmen Finch, Stokes Motion carried, 3-2 The City Attorney read Resolution No. 1146, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CU PERTINO AUTHORIZING LAND ACQUISITION AGREEMENT AND ISSUANCE OF WARRANT FOR THE PURCHASE OF THE REAL PROPERTY PURSUANT TO THE TERMS CONTAINED THEREIN. Moved by Councilman Fitzgerald, seconded by Councilman Noel, to adopt Resolution No. 1146. AYES: Councilmen Fitzgerald, Noel, Dempster. NAYS: Councilmen Finch, Stokes Motion carried, 3-2 Pictures were taken of the City Council, City Manager, and the City Clerk by Rita Rowe, Courier photographer. MINUTE ORDER: Moved by Councilman Finch, seconded by Council- man Noel, to turn over the tentative maps that the City Engineer has prepared to the Proud Homes people so they may have some alternate sites to choose from when they present their appeal. Motion carried, 5-0 Moved by Councilman Stokes, seconded by Councilman Noel, to adjourn the meeting at 10:30 P.M. ATTEST: City Clerk APPROVED: -10- /s/ J. Robert Dempster Mayor · 10)21 South 5aratoga-8l.mnpah Road Cupertlno, California. 95014 252-4505 C:J:TY OF CUPERTINO California IflJlR'rJ!S or THB RmuLAR JŒ&TING or THB CITY COOBCIL - August 2, 1965 J'UICB: Board Room, Cupert1no School D181;r1c1; Ortlce 10300 VUta Dñve, Cuper..1Do, California '!'IIIB: &:00 P.R. x SALIJ'rB '1'0 TBB I'LAO XX ROLL CALL Counc1l1lllll\ present: P1nch, p11;zgerald, Noel, Stokes, I>earpIIter Counc1lmen absent: None Sta1"t present: Clty Manager. Phil Storm City Attorney, Sam Anderson Dir. 01' Public Works, Frank Finney C1ty Clerk. Larry Martin Dlr. 01' Plaming, Adde Laurln City Englneer, Bob Shook Recreatlon Dlrector, John Parham Ch1ef Bldg. Insp., Bill Benevich Recording Secretary, Lois Inwards · · III MIN'ITES OF THE PREVIOUS MEETINGS - July 19 & 26, 1965. The Clty Clerk stated that on page 1 or the July 19th Minutes, first paragraph under Item III, that correction shou11 be deleted and the original figure or $.03 per hundred is correct. Moved by Councl1man Stoke~. seconded by Councilman Noel, that t:¡~ Minutes 01" July 19, 1~5, be approved as corrected. Motion carrled, 5-0 Councilman Stokes stated that in the July 26th Minutes, page 4, hi.s statements 1n paragraph 7 seem to be out of context sr.::; he would like that paragraph IDOVed to the end of Item II. On page 2, paragraph 6, the Clty Manager wanted to clari1"y that Mr. Fowler ls Chie1" Engineer of Santa Clara County Flood Cùn+:rol and Wa\.¡¡r Distrlct. The last l1ne of paragraph 6 should read: " .... . has signed a contract for imported water." The last 2 lines 01" the last paragraph should read as follows: .......as opposed to lOO-125 P.P.K. hardness 1"01' Imported water after treatment." The Clty Manager wanted to clari1"y paragraph 1 of page 3 In that he was asked what the cost would be tor imported water and he had· aald It would run $62 per 100 acre 1"eet. Another correctlon tor the same page ls the term "C-.rpertlno Water Servlce" should be changed to read: "Cupertino Water Depart- ment. " He added that ¡¡aragraph 11, beginning with: "Mr. Leonard sald tha1;..... ahould be deleted. The intent here was that Mr. Leonard had suggested the City could make an Investi- gation as to whether or not they could get 1nterim water ser- vice 1"rom the Clty ot Santa Clara. -1- Moved by Councilman Stokes, seconded by Councilman Fitzgerald, . to approve as COITected the M1nutes of July ;::6, 1965. Motion carried, 5-0 IV OØAL AND VRI'I."l'BH CCMMUHIcr.noHS A. "JU"l-j,-_ 3. P1r8t ftll~ BllIk neðge ot Securities. ($200,000 ot U. S. '1'1'eUUr7 JIotes.) eov--tcatlon troll Ch1ef Cleric, Ca11forn1a Assembly: Cow of Assembly Bill. IIotlce ot Inter-City Councll Meet1ng on Thu1'Bda7, AusWlt. 5t.h, 1n CupertinO. JUnutes of the last Inter-City Councl1 Meeting. Letter of ap¡r!.l from Mr. Leo Ruth, relat1ng to the nanning Comm1ss10n denial of application l5-Z-65, Proud Jl)mes, Inc. MINU'1'B ORDER: Mo,,-;:<t by Councilman Fitzgerald, seconded by . Councilman Stokes, to have this Dlaced on the agenda for the next regular éity Council meeting. 1. 2. 4. 5. Motion carried, 5-0 6. Applicatlon for a business license to operate a dancing sc~ol on Silverado Avenue. The City Clerk said this came in after 5 P.M. this day and the staff has not had suf1"ic1ent time to cateGorize it. MINUTE ORDER: Mo~~d by Councilman Fitzgerald, seconded by Councilman Stokes, to have the staff Cl8ke a report on this at the next re¡;ular meeting. AYES: Councilmen Finch, Fitzgerald, Noel, Stokes, ~empster NAYS: None Motion carried, 5-0 ~Ioved by Councilman Noel, seconded by CC'":ncilman Stokes, to file the written communications. ~~tion carried, 5-0 . B. ORAL COMMUHICATIONS 1. Mr. Paul Roberts, l330 Broadway, Oakland, representing OSborne-Kemper-Thomas, Inc... gave a background. of his company's scope of operations and It reSUCle of his con- versations wlth the City Manager, starting in April er thls year, in regard to the possibility of a new city seal and placque design. He said hls company is willing to ~o ahead with th1s project, whether their art work Is u~ed or it the City should decide on someone else's. He ,.as concerned about mlsrepresentation ot their motivell after reading an article in the Courier about it. -2- · Mayor Dempster said this matter was clear in the minas "of the Councilmen and that It has been tabled until all entries are prepared. Mr. Roberts said h1s Co¡¡¡~J\Y 1s working on another one, al~o. The Kayor said all entries wl11 be reviewed at the same meeting. r .. V A. REl'CRT OF THE PJ.Am¡lJIQ COMt'.LSSION (See ML'Ntes 01" July 26) Cha1rman Gates had to üled Councillllan Stokell VO say thllt he would be unable to attend this _ting aß1 that the Minutes spoke tor themselvell. . 1. II. _ L. Geisler: Appl1caUon 16-v..65 tor a VBr1.8nce to aUow a 6' tence along tront ot the house; 11094 La Pal_ Drift. ·Approved 1!7 pt._11\8 CCØli8alon Resolutlon -110. 284. 7/26/65. Rev. 0ei81er wall preaent to answer ~ questions. Ife told tile CouncU that:the need tor this 6' open fence ls because the)' have a retarded ch1ld who must be kept in the yard, but could partlclpate somewhat wlth other ch1ldren through the open tence. He assured the Councll that the fence would be attractlve and an asset to the cOlllllUIllty. Councll111an Stokes said he haS been out and looked at this lot and feels the fence will not In any way obstruct the vi8'l from cars. The Ch1ef Building Inspector agreed with th1s observation. Moved by Councl1man Stokes, seconded by r.ounc1lman Noel, to approve application 16-v-65, per the Plannlng Commis- sion recommendation. AYES: Councilmen Finch, Fitzgerald, Noel, Stokes, Dempster NAYS: None · Motion carried, 5-0 2. Allen B. Williams (Western Title Co.): Application l2-TM-65 for approval of Tentative Map; l/2 acre on McClellan Road, l/4 mile east of Foothill Blvd. Ap- proved by Planning Commission Resolutlon Nc. 285. 7/26/65. · Mr. Williams was present to answer any queations. In answer to Councilman Stokes I question, the Planning Director explained that this is on the south side of McClellan, Deep Cliffe Unit 4. It is part of the original plan. He said the Planning Commlssion had discussed whether these lots would be involved when and if McClellan were realigned. The Director sald .that if we straighten McClellan to make a better profile the change would be ClOre radical and these lots would not be in line with the street. They may end with a dead-end street, however. Moved by Councl1mar, Finch, seconded by Councilman Noel, to approve application 12-TM-65 per the Planning Commission recommendatlon. AYES: Councilmen Flnch, Fitzgerald, Noel, Stokes, DempsterNAYS: None . Motion carried, 5-0 B. REPORT OF THE ARCHITECTURAL AND SITE APPROVAL CQ4MITTEE. Chal.-man li:>rgan said the Minutes stand for theJlelves. -3- )t)ved by Councll:1an S,tokes, seconded b~ Councilman FitZgerald. to approve the Architectural and Site Control Committee Minutes of July ZT, 1965. AYES: Councllnm P1nch, Fitzgerald, Noel, Stokes, Dempster NAYS: None Motton carried, 5-0 U PUBLIC BEARn!...i A. Don Clmck: AppU.catton 12··z-65 to rezone 1 acre t'rom R-l to PO-H¡ 80utbWellt COZD8I" ot' Volta. R1chlfood Drlve. Approved by PlaDn1ng Co 1-- Jte80lutlon lID. 280, 7/12/65. CounclIan Fitzgerald &1Ieta1ned from this JIear1ng since h1s ot't'lce 18 deal1ns II1tb th1a property. Mr. Cblck asked t'or & 4._ on this Hear1ns until his architect arrived wlth the 4raw1nga and renderings. The Council agreed to delay this Hear1cS untll later on the agenda. vn: ORDlNA1l:ES AND RESOLU'l'IONS POR ADOPTION ORDINANCE NO. 307: Requesting Inclusion of Certain Territo~ Designated "Rlcardo 64-It" Into Central Fire Protection Dls- trIct ot County ot' Santa Clara. Second Reading. Moved ty Councllman Stokes, seconded by Councilman Noel, to have Ordinance No. 3W read by tItle only. A. AYES: :cuncilmen Finch, Fitzgerald, Noel, Stokes, Dempster NAYS: Scn~ Motion ~arrIed, 5-0 The CI~y Clerk read the title of Ordinance No. 307. Moved :y Councilman Noel, 8econJ~d by Councilman Stokes, to enact C:'dInance No. 3rrr. AYES: =~uncIlmen Finch, FItzgerald, Noel, Stokes, Dempster NAYS: S:>ne Motion carried, 5-0 B. OR:INANCE NO. 308: Requesting InclusIon of Certein Terri- t~:-y DeSignated "Mercedes 61;-5 Revised" Into Central Fire . Prc~ect1on Dlstrlct of Cou·", of Santa Clara. Second Reading. Moved ty Councilman Noel, seconded by Co,,,,cllman Fitzgerald, that Or1inance No. 308 is to be read by ti1;le only. AYES: Councilmen F1nch, Fitzgerald, Noel, Stokes, Dempster NAYS: Ji:)ne Motion carried, 5-0 The City Clerk read the title ot Ordinance No. 308. Moved ty Councilman lIDel, seconded by Councilman Fitzgerald, to enact Ordinance No. 308. AYES: Councl1men P1nch, Fitzgerald, Noel, Stokes, Demp¡¡ter NAYS: IIone Motlon carried, 5-0 -It- t. . :. I ORDIHAÆE MO. 315: Rezoning lot 38, Tract 584 from R-3-H to C-l-H (noneest corner of Iterw1n a: Hwy 9). Second Reading. Moved by Ccuncllman IDel, seconded by Councilman pltzgerald, to have Ord1na.nce No. 315 read b7 tltle only c. ~: MiS: Councilmen PiDcb, P1tzgerald, Noel, Stokes, Dempster None DIø~ carried, 5-0 'rbe Clty Cleric ~ the üt],e or Ord1nance No. 315. Moved b7 CouncllMD ~, seconded b7 Councilman Fitzgerald. to enact Ord1naDCe 110. 315. A'lBS: Councilmen P1Dch. Fitzgerald, Noel, Stokes, Dempster .is: None Motlon carried, 5-0 VD7 PAYING BILLS A. Resolutions NO. llL2 and 1143. Resolutio~ ~. 1142 waz read by Treasurer Pitzgerald. Moved by Cc:.:ncilman finch, seconded by Councllman Noel, to adopt Rescl~tlon NO. 1142. AYES: Cc~cilmen Piner., Pitzgerald, Noel, Stokes, DeClpster NAYS: N~r.e Mc~lon carried, 5-0 Resolutlor. So. 1143 was read by Treasurer Pitzgerald. Councilman ?inch asked abont Warrant No. 6663. The City Manager said th1s Is o~ 8hare of lI'.alntenance of signals at Stevens Creek Blvd and Saratoga-Sunnyvale Road and Homestead Road and Sa~atoga-S~le Road. Councllr.:a.:: ?inch asked about Warrant No. 2466. The City Manager said the Clty sometlmes hires Heple Coopar.y to come in and do difficult 1r~~llations which are, in t~rn, paid for by the cus~~mer. Moved ty Co~ncilman S~~e8, seconded by Councilman Noel, to adopt Res01~tlon No. 11~3. AYES: Co~:ilmen P1r.cr.. Pltzgerald, Noel, Stokes, Jempster NAYS: None Mo~lcn carried, 5-0 IX REPORT OF OFFICER.S A. REPORT OF CITY TlU!ASURER He had nothing turther to rtoport. B. REPORT OF CITY (A....01!l¡ 1. AB 1150 ha3 been signed by ('.av. Brown. By dlrect10n of this City Councll, the City IoIanager wrote Gov. Brown, urging h1a to Ð&n this bill. -5- 2. Arrangements tor the Inter-City Council meeting have been made at Blackberry parm in CUpertino for Aug. 5th. . C. REPORT OF DI.REC'l'OJI OF PUBLIC WORltS 1. The D1rector hopes to t'.ave the completed report on the Regnart Creek matter tor the next regular Council lleet1lll. 2. The D11'ector 1n-letly reviewed the it_ in hi8 written report ot AUgust 2, 1965. BBl'OBT cw ern IRlINEBR 1. TIIB ~H OF JESUS CHRIST OP LATJIR-DAY:SADf1'S. The C1t7 Bng1neer reC:OIIIIIIended acceptance ot the 1JDprOv~ts. MINO'l'B ORDER: So IIOVed, by Councilman Jfoel, :Jeconded by Councilman Stokes. AYES: Councllmen Finch, pltzgerald, Jfoel, Stokes, Dempster ~:~ . Motion carried, 5-0 2. TRACT NO. 3783, BAYWOOD TERRACE, UNIT NO.4. West side 01" Linda Vista Drive The Clty Engineer recommended adoptlon of Resolution No. 973 accepting roadway dedieatlon 1"rom Estin H. Baker, et.ux. So moved, by Councilman Noel, seconded by Councilman Fltzgerald. AYES: Councllmen Finc'l, Fitzgerald, Noel, Stokes, Dempster NAYS: None Motion carried, 5-0 3. TRACT 00. 3663. Southeast side 01" McClellan Road, west 01" Madrid Road. The City Eng1neer recommended adoptlon 01" Resolution No. 1140 accepting "Quitclaim Deed and Authorization" 1"rom Prankl1n-Bahl Development Company. So moved, by Councllman Fitzgerald, seconded by Councllman Stokes. AYES: Councllmen Finch, Fitzgerald, Noel, Stokes, Dempster NAYS: None . Motlon carried, 5-0 4. 'l'RACT NO. 3993, DE ANZA VERDES Eaðt end 01" Riverside· Drive, The Clty Engi.neer recommended adoption 01" Resolution No. 1141 accepting "Quitclalm :>eed and Authorization" from CPM Developers. So IIOved, by Councilman Noel, seconded by Councll!lllln P1tzgerald. AYES: Councllmen P11~ch, Fltzgerald, Jfoel, Stokes,Dempater NAYS: Ifone Motion carried, 5-0 -6- 1. Ordinance 110. 316 was read by the Clty Attorney. 2. Ordinance 110. 317 was read by the C1.ty Attorney. 3. Ordinance 110. 318 was read by the C1ty Attorney. '1'be C1t7 AttorDe7 stated the above three Ord1D8nces are eupported ~ Ul. SberiEt's ottice. IIQor DelDpeter stated that constituted the P1rIIt Read1.ng tor Ordt""'..... __. 316. 317 and 318. II. The C1t7 AttomQ' asked that the repo.rt on the central park site be ccmtinued to 9:00 P.II.. wben a representa- tlve 18 ...-..1ed to be present. I , B. REPORT OP 1InID:1BG IHSPBCTOR Be stated that he had no report. . F. REPORT OF ~TION DIRBCTOR 1. There wl11 be more than sixteen campers leaving In the morning tor Blb Basin. The Recreatlon Dlrector feels this wl1l be a good opportunity for the campers to observe and learn about nature. 2. The "Lean> to Sall Program" will get under way on August 12, 17 a: 19. The first meetlr~ w~:l be in a private pool and the other two wlll be in the school pool. 3. Through the :coperation of Olympus Music Center, the Recreaticn :;.epartment is planning te start offering organ lessens. G. REPORT OP PLAJlNING DIRECTOR . The ~irectcr called attention to page 2 of the Planning Commission ~in~tes of July 26th in rega~1 to the ~ppli- cation with ';he County 1"or the proposed l;illiard parlor and slot-car racing estab1ist~ent at Stevens Creek Blvd. and Mann Drive. The Planning Commisslon went on record as objecting to the C-2 zoning and the granting of the Use Permlt en 1he grounds that It wc¡;.ld be incompatible with nearè7 residential area. Mayor Dempster asked the Council ar~ the audience for any cOCl:lents. '.:'he Councl1 elected to not make any recommendations on thls, on the basls that '::he Planning Commlsslon ,",sua1ly takes care 01" th1s type 01" thing. 2. In regard to the Proud Homes appllcatlon, the Planning Commlss'..,n _s not agaiN!t the zoning, but they were agalnst t}~ layout of Portal Avenue and Vlcksburg Drive and the rev15ed shape of the park. , .. Councllman Stokes wondered If it co~d have saved time and er1"ort It the Planning COIIIDlss10n had -.:abled the matter and sent a directive to the Clty Council out- lining these tacts. The Directo¡' Aid the Planning Co_lss1on vall planning to do thls sort of thing but, somehow, the II'Otlon came about and -.a voted upon. -7- :¡ 'I ~i x UHPIHISE!) BUS!r.-4SS A. Slnce his architect; had not shown up by this tboe, Mr. Chuck recr..ested h1s app-,1catlon l2-Z-65 be PItt over =tll the n'1xt regular meeting 0: tbe Clty·Council. JlIJIOTB ClIDER: Moved '" CoImc1.1man Stokes, seconded b7 Councl1- man PJ· _ ..e.ld, at the request ot the applicant, to ~ "'IIP'1-t1on l2-Z-65 on the "'F""- tor the n~ J _ .- City Councl1 ~1ng. a.4 I.- ca.t'H.èd, 5-0 , B. Corporation YuIJ 1M - _ ...1óft Moved by.Co~ I'2Dch, seconded by Councl1-" Stokes, to authorlze tile ~~ llllnager to contlrue deYe1op.ent 01" the current slte. The DOtlon and tile ~ond were wlthdrawn untll the Clty Manager returned to tbe meetlng. He had I!Itepped out ot the room tor a .... .L. C. Councilman Stokes waalered, slnce San Jose and Santa Clara . have passed a c1pret;te tax, whether Cupert1.no should also consider thls. II870r Dempster said this wl1l probably be dis:.ssed at the :Inter-Clty Councl1 meeting tr.111 Thursday and ::e inv1ted the Councilmen to attend. D. C::>,,~:~lman Fltzge-raM asked if we should contact Sunnyvale 1n ~;;ard to the proposed joint meeting wh1cr. _s to have bee~ ~el~ In Jul7. Mayor Dempster sald actlen en this mat~,·:, is Imm1nen<;, wt he did not know to what extent. B. Corpcration Yard ~c~aion. The :1ty Manager sa~ he has checked other prc;>ertles that are s_-ailable ønc! ~úñ they are either landlo""e4 or the prices are unreascnable. The P.G. a: E. slte 108.11 of1"ered 1"01' $30,000 and tberoe 111 no ~ngress or egress. Hi: does not :'eel th1s Is a ;:roper location for the corporatlon yard. Co-..:::l1man Fltzl~era1.d asked the City Manager aoo,;t the Oagllssso site. '!be :ity Manager 1"eels th1s lo::.at10n would only :ompound arq problellill that we are exper1er..c1r.g with the ~!'esent locat1.on. Be assured the Councll that the cOr;>Oration yard v11J. be properly landscaped a..-xi !;;·~1"ered. . Cou:::Hman Fltzgerald teels that the present slte leaves the :!:or ,open to K-l uses and speci1"lcally, a res.1bmittal fro: the weldlng shop. Councilman Stokes said troll';, at the tlme thatapp11c:atlon was denied, the corporation yard was already in the process 01" betng developed. Mayo!'Dempst,er så1.:! be "1.11 1)ot_ convinced thlllt the only thing , to p.:t up aga1nst; t}.-ew&711 is apa~tJlK!nta. '1'he7.io not alW'1YS create a Foe! t.age 1"or Cu¡iert1no, wlth laundry hang1.'1g on the c~tbea11nes,' trash cans, etc. On the other hand, 11" the 4eYe10pment of the corporatIon yard is handled proper17. the Clty can set an example ot how we want the propert7 -J'IIc.-ent to the freeways to be hL."1dled. The C1ty Manager t'eJ.t the Council will co!llpel h1.ø to see to it tha t the corporat1aD yard is done 1n good t&8 te. -8- '. . . Mr. I. H. Mittl_. J.05O University Drive. Menlo Park, re- prese:lt1ng the t'O%DeI" Fisher property, opposed the location of 1;::e corporat1oD Toird In that it .,Hl set a precedent in the area. They ~ a very nice development about 300' from the ,resent slte. Be ai'.i<ed that the Councll ooualder the two folloW1ng ~~ ,.1atlons, i~ they choose to keep the present s1te: 1. The Councll paBa IIOIIe 1"01'111 of resolution to go on record tbat prot'....-1 ftther than 1ndustr1a1 U the intend- ed use in tIda _. 2. At such tiDe _ 11117 Avenue is opened. the City mlght cona1der UJe ~ of the corporatlOD ;rard to some other alte. ... JI1ttleman said he understands that the bu1]..... aI'e of the type that can be mved. Councilman 3toltell .s4 It Is his feeling that 80_ future Council cou1.d ~ ~be corporation yard to another location with a IIBjority _te. and t.he second suggestion by Mr. Mittleman ls not DeCeaaary. He said Cupertino needs a corporation yard am the Clty Manager can t1nd mother su1cable location. :It ls not his feel1ng that this is def1n1tely a pe~ --.t. unalterable site. Move! by Councn-.. P1nch, seconded by Councllman Stokes, to a~thorlze the City Manager to proceed wIth the construc- tior. ~f the corpcratlon yard at the presen1; site. AYES: Councllcer- ?1:1Ch, Noel, Stoi<es, De!!:ps':e... NAYS: Councilœ.n ~tzgerald Motion carried, ~-l Mr. !o!ittleman as:i<<!d If the City Council p¡a...~ ';0 have a st~j¡ ~de on ot~.e..., oore desirable locatl~~s for a cor- por3.~i,)n yard. :':".""", ?lanning ::lreotor saij r"~ :-.as made an Inte:-i::> report ,:" t~,~ Planninr, C~",,,,lss'_o.n =r. this subject. nI ADJOtJIlli!l.:m' Moved ty Councilmar. ~~=h, seconded tv Council=an Stokes, to adjou~ at 9:25 P.K. t= an e~ecutlve session. Mr-~~~~ carried, 5-0 Meetlnf !'~oonvened at 1::20 P.M. The C1t," Attorney :-ea.:: Resolution Ne. 1145, A. p..=sOLt'nON OF THE CIIT OF CUPERTDiO ACCEPTING WARRANT DEED FE~ TP.OMAS G. ROSS A£ ELSIE M. ROSS. HIS WIFE. fbved ty Councl1mal'l ?!.tzgerald, seconded by Co==1.1oan Noel, to adopt Resolution WOo ll45. AYES: C.:=cilmen P1tZë;erald, Noel, Dempster NAYS: c:=cilmen Finch, Stokes Rction carried, 3-2 '.'he City Attorney read P.e80lution No. 1146, A RESOWTION OF THE CITY COONCIL OJ!' 'l'JIE C:ITY OF CUPERTINO AUTIÐP.:IZIHG UND ACQUISITION AG~ AJiI) ISSUANCE OF ¡';'lRRAm' pœ '1"BB PURCHASE OP THE F3AL PROPBRn' PmlSUAH'l' TO THE TEn~S CO!i'I'AIX3D THEREIN. -9- !loved. by Councilman PItzgerald, seconded by Councilman Noel, to adopt Resolutlon Ho. 1146. AYES: Councllmen Pltzgerald, Noel, Dempster JaYS: Councilmen Pinch, Stokes' Motion carrled, 3-2 . . , , \ I- 1'1ctures were taken of' tile Clt:v Councll-. CltJ' Manager, and the City Clerk by Rita JIøWe. -courter photographer. " IWWTJ5 œDERt . Mðved bj'CoUDci).11Û1 l'1nch.-aeccm4ed by Counc1l- 'Alan ~~. to tum over the ~t1ve ape thB-t . the. C1tt -...,1.....r bù' prepared to the Proud Homes ~D1. 10 they IIIQ' have..- alternate a1t.. to cboOiI, from when the)" present their a~. - . Mot.ion carrled, 5"'0 )loved by Counc1lman St.>!œs. seconded by Councilman Noel, to . adjourn the meeting at 10:30 P.M. APPROVED: /s/ J. Robert Dempster Mayor Arr=l: Þ .I ~(.IL.K t -. (Ll_~C:: City Clerk . -10-