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CC 08-16-6510321 South Saratoga -Sunnyvale Road Cupertino, California, 95014 252-4505 C I T Y O F C U P E R_T I TT 0 California MINUTES OF THE REGULAR MEETING. OF THE CITY COUNCIL - August 16, 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: Councilmen absent: Staff present: Fitzgerald, Stokes, Dempster Finch, Noel City Manager, Phil Storm Director, of Public Works, Frank Finney City Clerk, Larry Martin City Engineer, Bob Shook Director of Planning, Adde Laurin Recreation Director, John Parham Chief Building Inspoctor, Bill Benevich Recording Secretary, Lois Inwards III MINUTES OF THE PREVIOUS MEETING - August 2, 1965 Because two Councilmen were absent, it was moved by Councilman Stokes, seconded by Councilman Fitzgerald, to.postpon.e the approval of the Minutes of the August 2nd meeting. Motion carried, 3-0 IV ORAL AND WRITTEN COMMUNICATIONS There were no oral communications. The City Clerk read the written communications: 1. Securit_es from First Valley Bank. 2. Letter from Cupertino Chamber of Commerce concerning the Tenth Anniversary of the City of Cupertino. 3. Applicationfor business license from a photo studio (soliciting type). 4. League of California Cities review of 1965 legislation. 5. Resolution from.Board of Supervisors re Amendment 13. '6. Letter from Ming Qaong Home announcing their 50th anniver- sary and asked that the week of September 19-26 be pro- claimed "Ming Quong Home Week." 7. Letter from National Cystic Fibrosis Research Foundation asking that the week of September 12-18 be pi^oclaimed "Cystic Fibrosis Week." -1- MINUTE ORDER: Moved by Councilman Stokes, seconded by Council- man Fitzgerald, that the week of September 19-26 be proclaimed "Ming Quong Home Week." Motion carried, 3-0 MINUTE ORDER: Moved by Councilman Fitzgerald, seconded by Councilman Stokes, that the week of September 12-18 be proclaimed "Cystic Fibrosis Week.." Motion carried, 3-0 Moved by Councilman Stokes, seconded by Councilman Fitzgerald, to file the written communications. Motion carried, 3-0 V A. REPORT OF THE PLANNING COMMISSION (See Minutes of August 9, 1965.) This item was delayed since no representative of the Planning Commission was present yet.. 1. Ward Crump Development, Inc.: Application 17-V-65 for a Variance to build duplexes in R-24-H zoning; 4.5 acres; 330' west of existing Gardena Drive, south of Junipero Serra Freeway.. Approved by Planning Commission Resolution No. 288, on August 9, 1965. Mr. Ray Crump, 11305 Terra Bella Drive, Cupertino, was present to answer any questions. He had no comments to add and referred the Council to the Minutes of the Planning Commission. The Director of Planning said this property is zoned R-24, which allows 12 units per gross acre. The plan does not conform with Cupertino's R-2 Ordinance, but does conform with the adjacent development, which is in the County. Moved by Councilman Stokes, seconded by Councilman Fitzgerald, to approve application 17-V-65. AYES: Councilmen Fitzgerald, Stokes, Dempster NAYS: None ABSENT: Councilmen Finch, Noel Motion carried, 3-0 B. REPORT OF THE ARCHITECTURAL AND SITE APPROVAL COMMITTEE (See Minutes of August 10, 1965) Chairman Horgan wanted to call attention of the Council to the application 193-HC-65, Cupertino Church of the Nazarene, wherein they wished to have a wood shingle roof. It was explained to them that the Fire Marshall would not pass it so they were undecided. Chairman Horgan told them that H-Control could not give a recommendation without a de- finite roof material spelled out, so it would. be recommended for approval on the basis of an asphalt shingle roof and if the applicant should gain approval of the Fire Marshall for the wood shingles within, say,.the next 60 days, the H-Control will call a special meeting, if necessary, to pass on it. -2- Councilman Stokes cited a church in Saratoga which is being built and has gained the Fire Marshall's approval for a wood shingle roof. Architect Carl Gaede, 3649 Market -Street, San Francisco, said the wood shingle roof is vital to his design of the church, Asphalt shingles will not give the proper effect, and tile is out of the question, economically. Mayor Dempster asked the Director of Public Works and the Chief Building Inspector to check on the possibility of a variance on roof materials from the Fire Marshall. Moved by Councilman Stokes, seconded by Councilman Fitzgerald, to approve the Minutes of Architectural & Site Control Committee of August 10, 1965. Motion carried, 3-0 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. ��- Z-� Approved by Planning Commission Resolution No. 280, July 12, 1965. Continued from August 2nd.. Ordinance No. 319. Councilman Fitzgerald announced that, since his office is con- nected with this property, he wished to abstain from this Hearing. Since there were only 3 Councilmen present, Mayor Dempster requested he vote on this rather than have it further delayed. Councilman Fitzgerald was absent during the discussion which followed. Architect Richard C. Foust, 1799 Hamilton Avenue, San Jcse, explained that the applicant has changed the design of th_3 project from a two-story to a one-story building, With the parking in the front so that the rear of the building backing up to a residential area is less objectionable. Residential property cannot now be developed on Wolfe Road. Mr, Foust further stated that they have bordered the entire area around the building with plants and the lighting, etc., will be kept to the front so as not to interfere with the resi- dential area. He then reviewed the set -back lines. Mr. John Zehms, 10165 Vicksburg Drive, Cupertino, said this is the plan that was displayed at the lass Planning Commission meeting. He requested the Council follow the conditions set up in the motion by the Planning Commission. He wants to make sure this is the plan that will be bu-ilt. He was concerned that, once they got the zoning, they might sell the property, scrap these plans, and put in something less desirable. The Director of Planning said that, with these conditions impo-sed, this will be under control. Councilman Stokes asked if the City Attorney, who was absent from this meeting, would give an opinion of what would happen to the conditions if this property were sold. The Director said the City Attorney has s.tated..that it is likely the condi- tions would be upheld by the Courts. Mayor Dempster agreed with this because they seemed to be -reasonable conditions. He cautioned, however, that these were merely op.JI.nions,. The Director also stated that this application would have to be reviewed by the Architectural & Site Control Committee. -3- Councilman Stokes said he read in the Planning Commission Minutes that Mr. Zehms would be notified when this comes before H-Control. The Director of Planning said this is true. Moved by Councilman Stokes, seconded by Councilman Fitzgerald, that application 12-Z-65 be approved with Standard Conditions 1-12 and conditions 13-17 added by the Planning Commission. AYES: Councilmen Fitzgerald, Stokes, Dempster NAYS: None ABSENT: Councilmen Finch, Noel Motion carried, 3-0 B. Proud Homes: Application 15-Z-65 to rezone 19.7 acres from R-1:B-2 and R-E:B-4 to R-1 & R-2:B-4; east end of Price (rs Avenue, south of Stevens Creek Blvd., west of Richwood Drive. Denied by Planning Commission Resolution No. 286. Appeal. Mr. Clark Beck, of Ruth, Going & Beck, said they have submitted a revised study map. He said the Planning Commission objected to the parking layout, for one thing. The City Manager suggested this application be sent back to the Planning Commission for review and recommendation. So moved, by Councilman Stokes, seconded by Councilman Fitzgerald. AYES: Councilmen Fitzgerald, Stokes, Dempster NAYS: None ABSENT: Councilmen Finch, Noel Motion carried, 3-0 VII ORDINANCES AND RESOLUTIONS FOR ADOPTION A. ORDINANCE NO. 316: Establishing Speed Limits on Wolfe Road from Homestead Road to Stevens Creek Boulevard. Second Reading. Moved by Councilman Stokes, seconded by Councilman Fitzgerald, to have Ordinance No. 316 read by title only. Motion carried, 3-0 The City Clerk read the title of Ordinance No. 316. Moved by Councilman Stokes, seconded by Councilman Fitzgerald, to enact Ordinance No. 316. AYES: Councilmen Fitzgerald, Stokes, Dempster NAYS: None ABSENT: Councilmen Finch, Noel Motion carried, 3-0 B. ORDINANCE NO. 317: Decreasing 45-Mile Speed Limit on McClellan Road from Highway 85 to Stelling Road. Second Reading. Moved by Councilman Stokes, seconded by Councilman Fitzgerald, to have Ordinance No. 317 read by title only. Motion carried, 3-0 -4- Ordinance No. 317 title wa-s read by the City Clerk. Moved by Councilman Stokes, seconded by Councilman Fitzgerald, to enact Ordinance No. 317. AYES: Councilmen Fitzgerald, Stokes, Dempster NAYS: None ABSENT: Councilmen Finch, Noel Motion carried, 3-0 C. ORDINANCE NO. 318: Ordering Stop Signs to be Placed at Intersections Entering Pacifica Drive. Second Reading. Moved by Councilman Stokes, seconded by Councilman Fitzgerald, to have Ordinance No. 318 read by title only. Motion carried, 3-0 Title of Ordinance No. 318 was read by the City Clerk. Moved by Councilman Stokes, seconded by Councilman Fitzgerald, to enact Ordinance No. 318. AYES: Councilmen Fitzgerald, Stokes, Dempster NAYS: None ABSENT: Councilmen Finch, Noel Motion carried, 3-0 VIII PAYING BILLS A. Resolutions No. 1147 and 1148. Resolution No. 1147 was read by Treasurer Fitzgerald. Moved by Councilman Stokes, seconded by Councilman Fitzgerald, to adopt Resolution No. 1147. AYES: Councilmen Fitzgerald, Stokes, Dempster NAYS: None ABSENT: Councilmen Finch, Noel Motion carried, 3-0 Resolution No. 1148 was read by Treasurer Fitzgerald. Moved by Councilman Stokes, seconded by Councilman Fitzgerald, to adopt Resolution No. 1148. AYES: Councilmen Fitzgerald, Stokes, Dempster NAYS: None ABSENT: Councilmen Finch, Noel Motion carried, 3-0 IX REPORT OF OFFICERS D. REPORT OF CITY ATTORNEY 1. In the absence of the City Attorney, the City Clerk read Resolution No. 1150, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ADOPTING A GENERAL PREVAILING WAGE SCALE FOR THE CITY OF CUPERTINO. -5- Moved by Councilman Stokes, seconded by Councilman Fitzgerald, to adopt Resolution No. 1150. AYES: Councilmen Fitzgerald, Stokes, Dempster NAYS: None ABSENT: Councilmen Finch, Noel Motion carried, 3-0 2. The City Clerk read Resolution No. 1151, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO DETERMINING THE WAGE SCALE FOR CONSTRUCTION OF THE CITY HALL. Moved by Councilman Stokes,.seconded by Councilman Fitzgerald, to adopt Resolution No. 1151. AYES: Councilmen Fitzgerald, Stokes, Dempster NAYS: None ABSENT: Councilmen Finch., Noel Motion carried, 3-0 3. The City Clerk read Resolution No. 1152, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CU PERTINO DECLARING ITS INTENTION TO ORDER VACATION OF A CERTAIN PUBLIC UTILITIES EASEMENT WITHIN THE CITY. Moved by Councilman Stokes, seconded by Councilman Fitzgerald, to adopt Resolution No, 1152. AYES: Councilmen Fitzgerald, Stokes, Dempster NAYS: None ABSENT: Councilmen Finch, Noel Motion carried, 3-0 G. REPORT OF CITY PLANNER The Director of Planning said that he had no formal report this evening, but askedthat any questions of him be taken care of at this time. There were no questions. He then asked to be excused, because he had another business appointment. A. REPORT OF CITY TREASURER He had nothing further to report.. B. REPORT OF CITY MANAGER 1. Attention was directed to the Addendum to the Council report, dated August 16, 1965, in regard to the under- ground utilities for the Town Center. Mr. John Rodrigues, 10235 South Sunnyvale -Saratoga Road, Cupertino, and Mr. Thomas Riddle, P.G. & E. 'representative, were present to discuss the situation. There will be an initial cost of $10,000 for the..transmission lines which will bring power to Phase 1 of the Chrisman Development and possibly enough for three additional lots. Mr. Rodrigues suggested that this possibly could be handled like oversize sewer lines or water lines, in that the ori- ginal developer is to pay the initial cost and a schedule be set up to reimburse him in proportion to power used; to. be transacted through the City. The succeeding developers would be told that, in addition to other fees that he has to pay, he would have X number of dollars to pay for under- ground distribution service. The City Manager gave the Councilmen copies of the percentage and fee schedule re- flecting this. Mr. Rodrigues said they are at a point now where they need. power and, if the Council foresees a.long, drawn out situa- tion here, then they will ask permission to put in tem- porary overhead poles until it is worked out. Mayor Dempster asked Mr. Riddle if any precedent has been set on a situation like this. Mr. Riddle said there has not. He thought it was a good arrangement, however, and said this transmission line could easily handle three additional lots. Moved by Councilman Fitzgerald, seconded by Councilman Stokes, to approve reimbursement payment for underground utilities be handled by the City, subject to the approval of the City Attorney. AYES: Councilmen Fitzgerald, Stokes, Dempster NAYS: None ABSENT: Councilmen Finch, Noel Motion carried, 3-0 Moved by Councilman Fitzgerald, seconded by Councilman Stokes, that.temporary overhead lines be pormitted,un.til the above -mentioned situation is resolved.,. Councilman Stokes asked if the new City Hall power would be served from these transmission lines. Mr. Riddle..said it would. AYES: Councilmen Fitzgerald, Stokes, Dempster NAYS: None ABSENT: Councilmen Finch, Noel Motion carried, 3-0 2. De Anza L.I.D. The City Manager requested a Minute Order directing the Mayor to sign the Agreement in behalf of the City con- cerning the improvements on Stevens Creek Boulevard. So moved, by Councilman Stokes, seconded by Councilman Fitzgerald. AYES: Councilmen Fitzgerald; Stokes, Dempster NAYS: None ABSENT: Councilmen Finch, Noel Motion carried, 3-0 C. REPORT OF DIRECTOR OF PUBLIC WORKS There was no report from the City Engineer at this meeting. -7- The Director reviewed the items in his written report. A technical discussion of the Grading and Retaining Wall Ordinance followed. The Director passed out guide sheets to the Councilmen, illustrating the several points he wished to make. What he needs is a policy statement from the Council on where a wooden retaining wall must be placed in relation to the property line. It is already established that it must be designed by an engineer and must withstand the life of the structure it supports. Mr. Don Bahl, 2383 Pruneridge, Santa Clara, asked how the people would maintain the strip of land between the wall and the pro- perty line, should the wall be set in somewhat. He feels the wall should be placed on the property line. The Director of Public Works maintains the wall should be placed inside the property line far enough that, in the event it should deteriorate and fall, that it would not interfere with the neighbors' property. The Director said these people did have an engineer draw up the specifications for the wall; however, the engineer did not put on his report that the wall would last the length of time of the life of the structure it supports. The applicant had letters from the School District and Mr. Tresser (adjacent property owners) saying they really don't object to this wall being put on the property line. The Director said, if the property owner gets a letter of permission from the adjacent property owners, he does not feel that the City would be liable, but this must be checked out with the City Attorney. Councilman Stokes' opinion was that there is no difference whether the walls are on the interior or exterior property lines of the subdivision, if there is a chance of them buckling. Mr. David Franklin, 1615 Ronald Court, San Jose, partner with Mr. Bahl, said they can leave things the way they are, but they are trying to do a good job here. Moved by Councilman Fitzgerald, seconded by Mayor Dempster, to approve the wooden wall, subject to the approval of the City Engineer, and along with the letters of permission from the adjacent property owners. AYES: Councilmen Fitzgerald, Dempster NAYS: Councilman Stokes ABSENT: Councilmen Finch, Noel Motion carried, 2-1 Councilman Stokes said that, until some sort of policy is resolved here, he is not prepared to go along with this. Mayor Dempster and Councilman Fitzgerald said they this can be classified as hillside property. Mayor further stated that the Planning Commission should the Hillside Ordinance. E. REPORT OF THE BUILDING INSPECTOR He had nothing to report. M do not think Dempster again review F _ REPUftT OF TIdR RF.npRaTTON DZR.ECTOR The Recreation Director said they are going to wind up their busy summer session in two weeks. In the meantime, they have planned a roller skating party and a trip to Natural Bridges State Park. X UNFINISHED BUSINESS The City Clerk said the City has received an application for a business license from Humpty Dumpty Photograph Studios, Inc. Ordinance No. 10 calls for applications for business licenses to be reviewed by the City Council. A check with the Better Business Bureau indicates that everything seems to be in order. Moved by Councilman Fitzgerald, seconded by Councilman Stokes, to approve issuance of a business license to Humpty Dumpty, Inc. Motion carried, 3-0 XI NEW BUSINESS A. Award of Time Deposit - $100,000.00. The City Clerk announced that the City has received four bids but that the First Valley Bank's bid was better on all terms. He read the bids from all the banks. Moved by Councilman Fitzgerald, seconded by Councilman Stokes, to award the Time Deposit of $100,000.00 to First Valley Bank for one year. AYES: Councilmen Fitzgerald, Stokes, Dempster NAYS: None ABSENT: Councilmen Finch, Noel Motion carried, 3-0 B. Amendment to County Contract for Patrol Services providing for an increase in service from ten (10) to sixteen (16) hours. MINUTE ORDER: Moved by Councilman Stokes, seconded by Councilman Fitzgerald, authorizing that this Agreement amendment be executed. AYES: Councilmen Fitzgerald, Stokes, Dempster NAYS: None ABSENT: Councilmen Finch, Noel Motion carried, 3-0 C. Councilman Stokes gave a brief report on the County Trafficways Committee proceedings. He said the ground rules are laid out for Phase Two, and a report is forth- coming to the staff. He said the County was not aware that we are improving Stevens Creek Boulevard, so we should notify them of this, XII ADJOURNMENT At 9:35 P.M. the City Manager asked for an Executive Session. Meeting reconvened at 9:45 P.M. Moved'by Councilman Stokes, seconded by Mayor Dempster, to adjourn the meeting at 9:45 P.M. APPROVED: /s/ J. Robert Dempster ayor ATTEST: City Clerk -10- . 10321 South Sa..-s:~sa-Sunnyva1e Boad ~1no. ca:1f~n:ia, 950111 252-45C5 CITY OJ' CUPERTINO ~1Iom1a -.-..--.11' '1'IB Dm.AR '"....r.~~,. '1'BB CITY cœNCIL - AuguSt 16. 1965 , _." 10, PJ8ceI L1b1'U7'. Portal SchOo1.10300 H. 1I1ane7 Avenue. CUpertino J ~: 8:00 p.x. ·0'':'.....· ~ 'X SAL1J'1'X 'to THE PLAO XX ROLL CAU. . r -." Councu-n present: ft~rald, Stokes, Dezpater CouncUcm absent: 1'1Dch. ¡loel Staff ':''esent: C1t7 Manager, FUl Storm DSrector ot Public Works, Frank Finney C1t7 Clerk, Larry Mart1n Clt7 Engineer, Bob Shook D'.J'eCtor of Flanr.1n{., Adde Laurin Recreation ~l~ctor, John Part~ Chie1' Bu1ldL~ I~spcctG!', Bill Benevich Recordlng Sec:-e:ary, Lois Inwards rI MINt;:;:::? ¡¡œ PREV10DS MEETING - f,~..lst 2, 1965 Beca~!~ :¥; Ccunc11men were abf~r.t, it ~2S moved ~J CouncilL.ar. Stokes, !e:~nded by Co~cllman il:=g~~ld, to postpone the apprc7:.: ::' the Minutes of the A;.:¡;-~s: 2nd meet1ng. Mo~lon carrled, 3-0 :. ORAL':"''\: ..:cr1'TEN CCioUC1CCATIONS 1. . 2. 3. 4. 5. 6. " t I i There y.:-e no oral coøorm1.cat10ns. The C~~J :lerk read the written c=~~nlcations: Se:--,=~:~es 1"rom r.rat Valley :sa!'_~. l~~:e!' from Cupert~ Chatbber c!' Commerce concerning the :e:-.=:: ':"'~~~iveraa1'7 cf the City 0:' Cq;er~lno. Ar~:~:ation 1"or business llc~~se from a ph~to stuùio (s::~:~ting type). l~'~~e ot Call1'orft1a Cltle~ rev1ew of 1965 leg1slation. Res.::~:ion 1"1'0lIl Board 01' SUpervi~Ol'S re Amendment 13. Le~:er from King Qacng Home er.::o=clng the1r 50th armlver- 81.."7 L~ e.sl(ed that the i1t'ek of' SeptEmber 19-26 ùe pro- cl&1::ed "M1ng ~as HolDe Week.' 7. Le::er from Natl--1 ~stic ?1t:"Osls Research Foundation ~.~_g that the ~ ot Septe~ber l2-l8 be p=oclaimed "CTs~lC Fibros1a ~.. -1- JUJ'lUTr. CE: ~: Mond by Coun~llmeIl Stoke., lIecOnded by Councll- . man P1tzgera1,1, t:at the week ot September 19-26 be proclë1le~ lUng Quong Home Week." IIDt1.on carried, ]-;> IUJllrra œ:DEF.: Moved b7 CouDc1l1liUl P1 tzgera1c1, lIeconded by eouncn-.. Stokes, that the _k or September 12-18 lie proc..:1a'_ "c,.t1c JP1broll1a Week. II 1Iœ1on carried. 3-0 ~ b7 Co\mCu.n S~. _nded b7 Councn-.. Pltzgerald, to t1le ~~ written ,c ,1cat10118. IIDt10n carried, 3-0 V A. RE?CP.:' Oi' THB 1'1-"-'.' CCllaSSION (See IUø1tes ot August 9. 1965.) 'l'his 1:801 was cle1QecS aince no representatlve ot the Pla:r~.g Coaa1aalon wall present yet. 1. 'L-j CruJllp Development. Inc.: Appl1catlor. l7-V-65 ~:!' a Varlance to build duplexes In R-24-H zoning; -.~ acres. 330' west of existing Gardena Drive, south :~ :=ipero Serra Freeway. Approved by Planning ::~~sslon Resolution No. 288, on August 9, 1965. Mr. :=~;¡ :t'Ul:lp, 11305 Terra Bella Drive, Cupertlno, was pNH::: ~o '1fU!Wer a::y quest1o~s. He had no comments to ad~ ~: !'eferred the Council tC' the Minutes of the Planning Co~!!~=n. . The :~~:~or ot Plar~ng sald t~ls property is zoned R-2L, wh1::: L.:ows 12 units per gross acre. The plan does not cor~::- with Cupertlnc's R-2 Ordinance, but does conform wl::: :::~ adjacent ~evelopment, which Is in the County. Þic,-..: :¡ '::ouncilman Stokes, seconded by Councllman Fit=;~~~:j, to approve appllcatlon 17-V-65. AYES: NAYS: ABS.:..Y:: Councll8en Pltzgerald, Stokes, De~pster None Councllmen ~1nch, Noel Motlon carried, 3-0 . B. :=L-.oc;;:, OP THE ARCHITl!'£TURAL AND SITE APPROVAL CQIo:MITTEE (S~ Minutes ot August 10, 1965) Chal~~- Morgan wanted to call attention ot the Council to the a.;:i.::at1on 193-11:-65, Cupertino Church 01" the Nazarene, where~ ~hey wlshecl to have a wood sh1nsle roof. It was expl~~ to ttte. that the Fire Marshall "ould not pass it eo tNoy vere undee1ded. Chairman Horgan tol~ them that H-Con,::-::l could not give a recommendatlon wlthout a de- t1n1te :"Cof mater1a1 spelled out, so it would be recommended to." a¡::ç!'Oval on the baIIls of an asphalt sh1ngle roo1" and it the applicant sbo\11c1 gain approval ot the Plre Marshall tor t.~ wood shingles wlthin, say, the next 60 days, the H-Ccr.::'Cl will call a Bpo¡c1al œeeting, 1t necessary, to paas ::; 1t. -2- . . . councUman Stokes c1te<! a church in Saratoga which i8 be1ng built and haS gained the Plre Maral¡all's approval tor a woo.1 sh1ngle roof. Architect Carl Gaede, 3649 ~ket Street, San Pranc18co, said ~he wood sh1ngle root 1.a ~ta1 to h1s design ot the church. Aapbalt ah1nglea w111 not give the proper 6ttect, and tile ls out ot the question, econolll1cally. IIQor Dellpeter aske<! the D1reCtor of Public IIorkS and the Chiet aalld1ng Inspector to check on ~he poaalb1U.t¡ ot a vat'iance on root ater1als rro. the P1re Marshall. IIoved b7 Councllman Stokes, seconded b7 Councllman Pltzgerald, i;o approve the Minutes ot Arch1tectural a: Slte Control Committee ot August 10, 1965. IIotlon carried, 3-0 VI PUBLIl' IÐWU!IJS A. Don Chuck: Appllcatlon 12-Z-65 to Rezone 1 acre tl'Olll R-l to PO-H; southwest corner ot Wol1"e a: R1c~.;."Ocñ Drive. Approved by Plannlng COIIID1Bslon Fesolut1on No. 280, July 12, 1965. Contlnued from August 2nd. Ordinance No. 319. Councilman Fitzgerald announced that, si~ce his office ls con- nected witt. this property, he wished to abstain trom this Hearing. Slnce there were only 3 Councilm~n present, Mayor Dempater requested he vote on this rather than have it furthe~ delayed. Counc~l~a~ Fitzgerald was absent durlng the discusslon wr.ich 1"olloweè. Arch1tect Rlchard C. Foust, 1799 Hamilton Avenue, Sa!'l Jcse, expla1ned that the applicant has changed the de3ign of tt... ~ project fro:: a two-story to a one-story bul1di!'lg, with the parking 1:'1 the 1"ront so that the rea¡- c1" the builJing back1r.g up to a residentlal area ls less objectionable. Residential property ca.~ot now be developed on 1ol0lfe Road. Mr. Foust further stated that they have bordered the entIre area aro,"--.j the bulldlng wlth plants c.nd the lie-'lting, etc., will be kept to the 1"ront so as not to in~erfere with t~e resl- dential area. He then reviewea the set-back lines. Mr. John ZehmS, 10165 Vlcksburg rrive, Cup,,"rt1r.o, sald thi3 i3 the pIc... that was "lspla.ved at the la!lt Planning Commission meeting. He requeateã 1:he Council follow the conditions set up in the motion by the Planning COlIIDlss10n. He wants to Clake sure thls is the plan that will be built. He was concerned that, onc~ they got the zoning, they mlght sell the prope:rty, so:'ap these plana, and put 1n something less desirable. The Director ot Plannlng sald that,. with the3e condleions Impo3ed, this will be under control. Councilman Stokes asked It the C1.ty Attorney, who was ab:;e'lt tl'Om th1s meetlng, would give an opl!'ll'Jn ot what wculd happen to the conditions 11" thla property were sold. The Llrector sald the Clty Attorney ha&. statd that it is likely the condi- tlons would be upheld by the Courts. Mayor Dempster agre;¡d wlth th1s because they seegp.å to be reaaona~le con'Utions. ¡:e cautioned, however.- that these were merely op~tons. The Dlrector alB9 stated that th1s appllcation wo\àd have to be rev18\led by the Architectural lie Site Control CoBE1ttee. -3- . Councilman Sto" ~s said he read In the PlannIng COlllllleslon Minutes that i4r. Zetas would be notIfied "hen thIs COOIes before H-Control. The Dlrector of Planning sald th1s Is true. Moved by CouncllD1an Stokes, seconded by Councilman Fltzgerald, that appl1catlon l2-Z-65 De approved with Standard Condltlons 1-12 and condltlona 13-17 added by the Plarm1ng COIIIDlsslon. AYES: BAYS: ABSIII'1': CouncibIeD Pltzgerald. Stokes. Dempster Bone Co\mCn- Pinch. Noel JIot1on carried, 3-0 B. Proud BDmes: App11catlon l5-Z-65 to rezone 19.7 acres 1"1'Om R-l:B-2 and R-B:B-4 to R-l a: R-2:B-4; east end of Price Avenue. south or Stevena Creek Blvd.. .est ot R1chwood Dr1ve. Demed by Planning COllllllss10n Resolut~,on No. 286. Appeal. Mr. Clark Beck, of Ruth, Going a: Beck, sald th..,. have submitted a revised study _po Be sa1d the Planning Comm1ss10n objected to the park1ng layout. 1"or one thing. The City Manager suggested this applicatlon be sent back to the Plannlng Commlssion for review and recommendation. . So moved, by Counclloan Stokes, secor.d~d by Councilma.~ Fltzgerald. AYES: NAYS: ABSEHr: Councl1men Fitzgerald, Stokes, Dempster None Councilmen Finch, Noel Mctlon carried, 3-0 -III ORDINANCES AND RESOLUTIONS FOR ADOPTION A. ORDINANCE NO. 316: Establishing Speed Limits on Wolfe Road from Homestead Road to Stevens Creek Boulevard. Second Reading. Moved by Councilman Stokes, seconded by Councilman Fitzgerald, to have Ordinance No. 316 read by title only. Motion carried, 3-0 The City Clerk read the title of Ordinance No. 316. . Moved by Councllman Stokes, seconded by Councl1man Fitzgerald, to enact Ordinance No. 316. AYES: NAYS: ABSEHr: Councllmen Fltzgerald, Scokes, Dempster None Councilmen F1nch, Noel Motlon carried, 3-0 B. ORDINAÆE NO. 317: Decreaslng 45-Ml1e Speed Limit on McClellan Road trom Highway 85 to Stelllng Road. Second Read~. Moved by Councllman Stokes. seconded by Councilman Fitzgerald, to have Ordinance No. 317 read by title only. Motlon carried, 3-0 -4- , . . Ordinanc.. No. 317 t1.t1f' 1<a.B re"d by "he City Clerk. Moved by Councl1ean Stokes. seconded by Councl1man Pitzgerald, to enact Ord1nanoe Ifo. 317. AYES: BAYS: ABSENT: Counc1blen IP1tzprald, Stokes, Dempster None Councll8en P1Dc1l, Boe! IIDUmI carried, 3-0 C. ŒlDIJWl:B RO. 318: 0I'der1ns Stop S1gnII to be Placed at Intel'lleCUolW ~ Pac1f'lca DrIve. SecoD4 Jtead1ng. Moved by Councl~ Stokes, seconded by Councl1œn IP1tzgerald, to have Ordinance 110. 318 read by title on1y. Mot1oa carried, 3-0 Title of Ordlnance )fo. 318 was read by the Clty Clerk. Moved by Counc1l1llllD Stokes, seconded by Councllman Pltzgerald, to enact Ordinance No. 318. AYES: NAYS: ABSEm': Councllmen Fltzgerald, Stokes, Dempster None Councllmen P1ncb, Noel Motion carried, 3-0 v=r: PAYING Bll.LS A. Resolu~lons No. 1147 a.~ l148. Resolution So. 1147 was ~a1 by Treasurer Fltzgera11. Moved by Ceancilman Stokes, seconded by Councilcan Fitzgerald, to adopt Resolutlon Ifo. 11~7. AYES, C~uncilmen Fltzgerald, Stokes, Dempster Ncne Councilmen F1nc~, Noel l"':""YS: ABSENT : Motlor. carried, 3-0 Resolution No. ll48 was read by Treasurer Fitzgerald. Moved by Co~cilman Stokes, seconded by Councilman Fltzgerald, to adopt Resolution No. 1148. AYES: MAYS : ABSEm': Co¡;.n~ilmen Pltzgerald, Stokes, Drympster None Councl1men Finch. Ifoel Motlon carried, 3-0 :r:x RHPORT OF OFFICERS D. REPORT OF CITY AT'I'ORJIE!' 1. In the absence or the City Attorney, the Clty Clerk read Reso1utlon No. 1150, A RESOLUTION OF THE CITY COUNCIL OF THE CIft OF CUPERTINO ADOPl'ING A GE;IERAL PREVAILING WAGE SCALE FOR THE CITY OF CUPFBTINO. -5- Moved ~:r :.:.;ncl1man Stcilœll. seconded by Councilman P1tzgerald, to adO¡¡~ :~c-_1.It1on JII). 1150. « ADS: JlAYS: ABSBIIT: :~uncllmen P1~..ld, Stokes, Dempeter :fcne :..:>uncllmen r.-... Jll)el iii "''''- àrr1ed. 3-0 2. '!be C!~ Clerk I"11III ~~vt1oD JIo. 1151. A "-"-mOll 01' ftIB a.,- Cuu..,~ ...... crrr or COr.Dft".&".uwO »~ ..--. TIIB WAGE s:.1LB Jœ . - . ~ 01' '1"BB CIft BALL. Ro'Nd 117 C;¡anc1:a.- v- ;. "'_ øeonded 117 eounon- PUqera1d. to adopt BesoluUoa ...: D.51. I· ~: JIAYS: ABS!II'1': ~n_ ... _ -J.d. Stokes, Dempllter JbI» :ouncll_" .... Jll)e1 JIIJf;".- csrr1ed, 3-0 3. '1'be~:y Clerk r..s JIetIo1utlon No. 1152, A RBSŒDTION OP ~ '1'JŒ __~I COUNCD. ,. ~ CIft OF CUPERTINO DECLARIJiG ITS · Irrn:.Y::()N TO ORDD 'DCAfiON OP A CEJlTAIN PUBL1:C tn'ILITIæ EAS~ WI'l'HIH 'l'æ ~. Moved 1:,. ::.;ncllman StcZeS. seconded by Councl1man fitzgerald, to adop~ :~~olutlon life. 1152. AYES: HAYS: ABSENT: ::=cllmen i':.=serald, Stokes, Dempster ~ne :.:uncllmen ~~~. Noel Mc:'=~ carrled, 3-0 G. REPC.."':.":? CITY pr .a__ The ~""",ctor of P'i-"'~Y1g said that he had no fcr:a1 report this ~Hn1ng, but asked that any quest1olU1 ot hbI be take~ :~"e of at ~ tillle. There were no questions. He the:: u:<~ to be e::L--:lSed, because he had another buslness appc:.:::-:!ent. A. REPC.:>7:¡> CITY ~ He !-~.: ::othlng t'ur'~ to report. . B. REPO?:;¡¡> CITY M.I-- 1. Atte::~~:n was dlrect.e1! to the Addendum to the eounc:'l repc~, :1ated Allar- 1.6. 1965, in regard to the ~er- gro"-~ ~1;illtles ~~ tbe TOwn Center. Mr. :-~ Rodrlgues. 10235 South Sunnyvale-Saratoga Road, CUpe:-~, and 1Ir. ... ---.- Rlddle, P.G. - a: B. repreaentat:_ve, were ....esent to .n- . the sltuat1on. There .111 be an 1nltiL. cost of $10.000 ~or the translll1.ssion 1~ which w111 ~!'1..~ power m]'l e 1 ot the Chrlsman Developøent and pc~ibly enouøa r(# three additlonal 10tiJ. -<0- , Mr. Rodr1gues lUlSeeted that th1s po881bl)' could be handled like overalze sewer l!nes or water 1!nes, !n that the 0:-1- g1nal develoPer i.II to PQ' the 1nlt1al coot and a schedule be set up to ~ b1II 111 proportloft to power used. t,o be tl'lUl8&Ctec1 tJIroaIb the City. '!'be 8UCceed1J]g developers would be tð14 tbat, 1D IId41t1or1 to other teea that he has to 1187,' be "00"'" __ X _bItr ot- 40Uan to PQ' tor under- &tvuÞd d18tr1111aUø1 ~ce. !be City --ser save the CouDCu.eo oo__·of the perclDtap aid t.. scbe4u1e re- fiect1lll th1I. 111". RcIcIr1&IIH ..sol tlllirare at a ,po1Dt _ 1Ibere tMr need power II1II1, U the c..ø.. .u toreaeea . 1cmc, 4raIIn out s1tua- _ t1cm beN, U- """11111 ..Ie peN1aø1oD to put 1D u.- JI01'U7 o~l'hnr po1ee UDt1l it 18 1IOñed oat. IIQoI' ~ter 8Ãec1111". R1d4le it aD7 precedent baa been set Oft . s1tuat1oD 11Int tb1a. 111". R14cn. s&14 there baa not. Be tbougbt It __ a good arrans_t. however, a:1d said th1s tr-ft-'-' ..1oD 11ne could ...117 handle three addl t10na1 Iota. Moved by Councn-.. JP1taprald, aeconded by Councllman Stokes, to a....."'1N re~bura_t ~t tor undergrour.d ut1l1t1es be haIId1ed by the C1tJ', aubject to the approval ot the Clty Attorne)'. . Couno1bien Pltzgerald, Stokes, Dempeter None Councl~n Pinch, ,toel Motlol'\ <:arried, 3-0 Moved by CouncllJ:an P1tzgerald, seconded by C01mcllman Stokes, that t~rary overhead lines be pe1"lll1tted untl1 t~e above-ment10ned sltuation Is resolved. AYES: NAYS: ABSEIIT: Councl1man Stokes aaked It the new Clty Hall power would be served troe ti~se tranam1ss10n l1nes. Mr. Rlddle said 1t would. AYES: NAYS: ABS&>I': : Councllmen Pitzgerald, Stokes, ~pater None Councilmen P1nch, Noel Motlon oarrled, 3-0 . 2. De Anza L.I.D. The City Manager requeat~ a Minute Order dlrecting the Mayor to slgn the Agreement in behalf ot the City con- cem1ng the improvements on Stevens Creek Boulevard. So moved, by Councllman Stokes, aecor.ded by CÓuncl1lD&.n P1tzgerald. AYES: NAYS: ABSEIIT: Counc~n Fitzgerald, Stokes, Dempster None Councllmen P1nch, Noel JIotlon carrled, 3-0 C. REPORT OF D~-J.-œ OF PUBLIC WORKS There was no report trom the C1ty Eng1.neer at this meeting. -1- The D1rector reviewed the items in hill written r"port. A technical dlscuaslon or the Grading and Retaining Wan Ord1naDCe 1"ollowed. The Director passed out gulde sheets to ~ Councl1.en, 1J.1uatrat1ng the seve1"lÙ points he wished to .eke. What he neeð8 1.8 a polley state_nt t'rom t.he Council on 1Ibere a ltOOden ret--1..10\g _11 _st be plaoed in relation to tile propert7 l1ne. It; 18 already establ1shed that It must be deeSped bT an eJ181Deer aDd IIaIJIt withstand the lire or the atructure It øupport8. 111". Don Bah1, 2383 rn...er14&e, Santa Clara, asked how the people _lð ainta1n the a1;r1p ot laDd between the wal1 and the pro- .....~ 11ne, abou14 tile wa1l be set 1n so_hat. He reels the wa1l should be placed CID the property line. The D1rector or 1'Iab11c Works aintabla the wall should be placed 1r.a1de the JII'OpeI'ty 11M tar _lit' that, 1n the event It should deterlorate ..s tall, that it _Jd not 1nter1"ere wlth the nelghbors I property . , The Director said thelle people did have an engineer draw up the spec1tlcatione tor the wall; however, the engineer did not pat on his report that the wall would last the length 01" time ot the ure or the structure It supports. The applicant had letters 1"rom the School Dlstrlct and Mr. . Tresser (adjacent property owners) say1ng they really don't object to th1s wall being put on the property line. The DireCtor said, It the property owner gets a letter 01" permission troll the adjacent property owners, he does not 1"eel that the Clty would be liable, but th1s must be checked out with the CIty Attorney. Councllman Stokes' op1n1on was that there is no dlffer'~nce whether the walls are on the interlor or exterior pro~erty l1nes of the subdivialon, ir there is a chance or them buckl1ng. Mr. David Frankl1n, lEl5 Ronald Court, San Jose, partner wlth Mr. Bahl, said they can leave things the way they are, but they are trying to do a good job here. Moved by Councllman Pltzgerald, seconded by Mayor Dempster, to approve the wooden wall, subject to the approval of the City Englneer, and along with the letters of permlsslon from the adjacent property owners. AYES: NAYS: ABSENT: Councllmen Pltzgerald, Dempster Councilman Stokes Councilmen Pinch, Noel Motlon carrled, 2-l Councllman Stokes sald that. untll some sort of polley ls resolved here, he ls not prepared to go along witI'> th1s., . Mayor Dempster and Councllman Fltzgerald sald they do not thlnk this can be class11"led as hillside property. Mayor Dempster turther stated that the Planning Commlss10n should again revlew the H1lls1de Ordlnance. E. REPORT OF THE BUILDING INSPECTOR He had nothlng to report. -8- . ]I' _ 1IEt'U!r 0:0 TIIR RJIr.Ima"nOJf DtRF.CTOR The Be<:reation D1reCW%' sald they are going to wind up their tusy _ _l.on In two weeks. In the meantime, they lave planned . ro11er skating part7 and . trip to Natural Br'-dges Staw Park. J[ ~ ~.SDŒSS 2be CIt)' Clerk s&14 1;1Ie ~ baS received _ aPS'H..~tion tor . búøs-a 111'.... ~ -' _ 4-z Ðumpt7 PhotosraJlb Studl.os, Inc. Cr41nance 110. 10 calla ~ØI' applIcations tor bua1,..... lie_ell 1:0 be reY1e11ed. 117 tile C1~ CouJICll. A check 1I1.tb tho Better Daa1ness ~au 1nd1cat:es tbat everything s_ to be in order. JIoved Þy Ccuncl1man PS.tz&erald, seconded 117 CouDc11man Stokes, to approve issuance ot . bwl1ness ltcenee to BøIpty Dumpty, Xnc. Mot1oD carried, 3-0 . n Jml BlJSL"'~" A. Award ::' Time Deposit - $100,000.00. The City C':erk announc~ that the City has recelv~ four bids but that ~~.e First Vùle.y 3ank's bid was better on all terms. He read :¡-.e bids trom alJ. the banks. Moved by C:"-~cl1man Pltz£erald, seconded by Cour.c~l!2n Stokes, to award ~~.e Tlme Depc:lt ~f $100,000.00 to Pl1'3t -¡alley Bank rc;." one y!'~. AYES: NAYS: ABSEIrl' : ::o~cllmen F1tzgerald, Stokes, Dempste~ ~~e ::°.mcllmen ?1r.~~., Noel Mot1= carried, 3-0 B. Ame~e~: to Cour.t7 :;-:;r.tract for Patrol Ser/ices provlding for a:: ~~crease in se:-vice 1"ro:n ten (lC) to siXteen (16) hours . . MINUTE œ:.:~: Moved Þy Councll:aan Stokes, second~ by CouncllDa= Fitzgerald, authorizing t~At this Agreeaent amendment be executed. AYES: NAYS: ABSEIrl': =~=cilmen P1tzgerald, Stokes, Dempster :sane Ccuncl1men P1nc:h, Noel Mot1oÐ carried, 3-0 c. Councl1=n Stokes g¡ave a brie1" report on the County Tra1"f1cways Collllll1ttee proceedings. He sald tM ground rules are lald out r-or Phase '1'wo, and a report Is 1"orth- coming to the starr. He said the County was net aware that we are 1mprov1Dl!: Stevens Creek Boulevard, so we should :10t11"y thelS of tMs. -9- m ADJOUR.'IØfl' At 9:35 P.M. the Cit)" ManaSer asked for an Executive Session. Meeting reconvened at 9:45 P.M. JIoved by Counc11~ Stokes. seconded by Mayor Dempøter. tc; adjourn the meet1Dg at 9: 45 P.M. APPROVED: I-I J. RnÏlert Ds..,eter ~J.t . . ..i1l_.:: f..-uA'- ,!... ~~t..- Cl1;J' Clerk -10- . . .