The URL can be used to link to this page

CC 10-04-6510321 South Saratoga -Sunnyvale Road Cupertino, California, 95014 U;, ° g 1965 Ph: 252-4505. CITY OF C U PERT I N O California MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL - October 4, 1965 PLACE: Doard Room, Cupertino School District Office 10300 Vista Drive, Cupertino TIME: 8:00 P.M. I SALUTE TO THE FLAG. II ROLL CALL Councilmen present: Finch, Fitzgerald, Noel, Stokes, Dempster Councilmen absent: None Staff present: City Manager, Phil Storm City Attorney, Sam Anderson Dir. of Public Works, Frank Finney City Engineer, Bob Shook City Clerk, Larry Martin Dir. of Planning, Adde Laurin Assist. Dir. of Planning, Jim Nuzum Recreation Director, John Parham Chief Bldg. Insp., Bill Benevich Recording Secretary, Lois Inwards III MINUTES OF PREVIOUS MEETING - Sept. 20, 1965. Moved by Councilman Noel, seconded by Councilman Fitzgerald, to approve the Minutes of September 20, 1965. Motion carried, 4-0 (Counc. Finch abstained) IV ORAL AND WRITTEN COMMUNICATIONS There were no oral communications, not covered under some item on the agenda. Written: 1. Applications for the vacancies on the H-Control. Committee: Geraldine Lacy, Gerard K. Stern and Dr. M. W. Cowartz. 2. Notice of Inter -City Council meeting on October 7th, at the Brave Bull in Los Altos. 3. ABAG publication. 4. Copy of County of Santa Clara Trafficways Plan. 5. Catalogs from Rep. Gubser. 6. Notice of cancellation of the October meeting of the County Traffic -ways Committee. 7. Page Properties appeal_ of Planning Commission decision on their application 8-U-65. (This is on the agenda.) -1- 8. Letter of appeal from Mr. Dumont in regard to Planning Commission decision on his application 18-z-65. Moved by Councilman Stokes, seconded by Councilman Fitzgerald, to set the Public Hearing for application 18-z-65 for October 18th. Motion carried, 5-0 9. Letter of appeal from MacKay and Somps regarding Planning Commission decision of their application 8-TM-65. Moved by Councilman Fitzgerald, seconded by Councilman Noel, to set the Public Hearing for application 8-TM-65 for October 18th, Motion carried, 5-0 10. Copy of a letter from Attorney John J. Hayes regarding the Thompson Vet Office business license. Moved by CouncilmanStokes, seconded by Councilman Finch, to receive and file the written communications. Motion carried, 5-0 V A. REPORT OF PLANNING COMMISSION (See Minutes of Sept. 27) Since there was no representative of the Planning Commission present to give a report, the Mayor proceeded to Item 1 on the agenda. 1. DITZ-CRANE: Tentative Map for 37.9 acre development, Bubb Road at Columbus Avenue Ap proved by Planning Commission Resolution No. 298. Councilman Fitzgerald abstained from this Hearing since his office is involved in this. Mr. George Somps was present to answer any questions. The Director of Planning presented a written memo, dated this day, to the City Council and read it alound for the benefit of the audience. There was some discussion of the County's projected, plans for an inter -city arterial in this area. Councilman Noel feels something should have been done about it before the Crump development was allowed there. The Director felt it was his duty to bring this arterial to the attention of the Council, in a last ditch effort to follow through with the County's plans for handling the future traffic in this area. Other- wise it will have to use the residential streets. MINUTE ORDER: Moved by Councilman Finch, seconded by Council- man Noel, to approve the Tentative Map, as per Planning Commission Resolution No. 298. AYES: Councilmen Finch, Noel, Stokes, Dempster s NAYS: None ABSTAINED: Councilman Fitzgerald Motion carried, 4-0 -2- �0r� 65 J 13-Tn,-�S 2. VALLEY TITLE CO. (Page Properties): Use Permit for a .50-ac.re one-family_Cluster. Development within a PC-H zone, east of Mary Avenue, north of Stevens Creek Blvd. Approved by Planning Commission on Sept. 27, Conditions. Upon request of the applicant, it was moved by Councilman Noel, seconded by Councilman Fitzgerald, to place this item at the end of the agenda, so as to accommodate the rest of the audience because their presentation is quite lengthy. After making sure there were no members in the audience pre- sent specifically for this application, the motion carried, 5-0. B. REPORT OF THE ARCHITECTURAL AND SITE APPROVAL COMMITTEE (See Minutes of September 28, 1965) Chairman Horgan stated there was also.a special meeting on September 30th, to review Dr. Salero's. plans to put a new roof on his medical -dental building next door to the present City Hall, and they would like City Council's action on this application tonight also. Moved by Councilman Stokes, seconded by Councilman Fitzgerald, that the H-Control Minutes of September 28 and 30, 1965, be accepted. Motion carried, 5-0 VI PUBLIC HEARINGS A. WILLIAMSON-WOOLEY: Application 2QV-65 for a Variance to allow lots of 1/2 acre average, minimum 15,000 sq. ft. where Ordinance requires 1 acre; south of Bay Terrace, west of Mt. Crest Drive, 7 lots; also Tentative Map. Approved by Planning Commission Resolution No. 2.90 and 291. Council.Resolution No. 1157. (Continued) Upon the request from the audience, it was moved by Councilman Finch, seconded by Councilman Stokes, to reopen the Public Hearing. Motion carried, 5-0 Mr. Ellis Jacobs, 22051 Regnart Road, Cupertino, said he is a homeowner and an architect and is well versed in planning. He feels enough large oak trees have been destroyed in order to build homes on small lots and feels the trend should be reversed. He proposed that lots should not be less than one acre. He said he has requested a study of the Regnart Creek area and wondered if anything had been done about it. Moved by Councilman Finch, seconded by Councilman Stokes, to close the Public Hearings. Motion carried,,5-0 Moved by Councilman Stokes, seconded by Councilman Finch, to adopt Resolution No. 1157. AYES: Councilmen Finch, Stokes, Dempster NAYS: Councilmen Fitzgerald, Noel Motion carried, 3-2 —3— B. APPEAL: A. L. CHADWICK; Application 13-u-65 for an Automatic Car Wash and Automotive Repair Center, at 20100 Stevens Creek Blvd., Cupertino. Denied by Planning Commission Resolution No. 297. Councilman Finch abstained from this Hearing because he said he has an interest in it. Mr. A. L. Chadwick, 20932 Serra Hills Drive, Saratoga, and his designer, Mr. Paul Pichette, displayed a rendering and site plan of the proposed car wash and automotive repair center. Mr. Chadwick explained that this is a new concept in auto repairs,..des_;gned.for the housewife. Entrances and exits will be on both Stevens Creek .Blvd. and on Blaney Avenue. Mayor Dempster asked the applicant to explain what type of auto repairs will be handled here. Mr. Chadwick said no major overhaul or 'paint shops will be here; just repair of minor dents, paint touchups, etc. This will be a delux auto repair shop with pleasant waiting room, etc., and expensive buildings. This automotive repair center will be 360' back from Stevens Creek Blvd., and will provide usage of land for which Mr. Chadwick does not have any other use. Mr. Chadwick pointed out that the night the Planning Com- mission made their decision on his application, only three Commissioners were present and he wonders if the outcome of their decision might not have been different if they had all been present. There has never been any public protest. Moved by Councilman Stokes, seconded by Councilman Noel, to to.close the Public Hearings. Motion carried, 5-0 The City Planning Director recapped the Planning Commission's feelings on this matter, as noted in the Minutes of their meetings. Of chief concern was that it was felt Stevens Creek Blvd. should become a "Wilshire Blvd." and they did not feel this type of business would be compatible with high rise business offices. Mr. Chadwick said that, when he was in Beverly Hills recently, he saw lots of car washes next door to high rise buildings. CouncilmanNoel agreed that Cupertino needs a car wash, and this no doubt would be a first-class one, but questions whether this is the place for it. Mr. Chadwick said you cannot get the financing for an expensive operation like this unless it is on a main thorofare. He said this building will have a black wrought iron roof, with the possibility of masonry pilasters, a completely contained and enclosed structure. It costs 3 to 4 times what the car washes you see around here now cost. He explained that this would be at right -angles with the street. Mayor Dempster commented how the applicant has been in busi- ness in Cupertino for two years now, and it has always been a neat, clean operation. Councilman'Fitzgerald asked the City Attorney if this is a compatible use with the plans for the Town Center, in back of this property. The City Attorney quoted portions of the Ordinance applicable to this., Mr. Chadwick said this project actually is in two phases. He and the architect went on to explain some of the detail work of the structure and the masonry wall. -4- The Director of Public Works said that there will be no break in the median strip on Stevens Creek Blvd. at that spot, so the applicant should plan accordingly. Mr. Chadwick said he has already taken this into consideration, and he also assured the Council he plans to follow through with landscaping. Stating that he still feels there is a future for Stevens Creek Blvd., Councilman Noel moved to.deny application 13-U-65. Councilman Fitzgerald seconded the motion in order to get a vote. Mayor Dempster felt it was wrong to hold a business man back on the assumption that, in.the future sometime, we will have high rise office buildings on the Boulevard. Councilman Stokes agreed. AYES: Councilman Noel NAYS Councilmen Fitzgerald, Stokes, Dempster ABSTAINED: Councilman Finch Motion failed, 1-3 Moved by Councilman Stokes, seconded by Councilman Fitzgerald, that application 13-U-65 be approved, with the condition that the rendering and the site plan (turned) will be followed through, and that the pilasters are to be masonry. AYES: Councilmen Fitzgerald, Stokes, Dempster NAYS: Councilman Noel ABSTAINED: Councilman Finch Motion carried, 3-1 C. APPEAL: MASON ENTERPRISES, INC.: Application 10-Z-65 for Rezoning from R-1:B-2 to R-2-H; 10 acres between Blaney Avenue and Portal Avenue, north of Stevens Creek Blvd. Denied by Planning Commission Resolution No. 296. Mr. Mason presented a plot plan showing the property in question in proximity with the City Park. He then displayed a tentative map and showed the surrounding zonings. He said 41 duplexes are contemplated here now, Mr. Mason said he has been working with the property owners for two years now, trying to get some kind of zoning on this property, in keeping with the price of the property. Councilman Finch asked the applicant if he could possibly develop this property into R-11s. The applicant said he could not. Mr. Keith Irwin, 19843 Baywood Drive, read his prepared speech. He.stated that: 1) The schools would be even more overcrowded than they presently are; 2) Traffic would be increased; 3) Over 500 people in that area signed a petition against this rezoning; and 4) In case this appeal is approved, how long does it take to get a. referendum together? Mr. Robert Jacobs, 19851 Baywood Drive, recapped his statements made at the Planning Commission, which will be found in those Minutes. Messrs. Bill Ellis and William Linn both spoke up against this application, also. -5- Mr. Stephen Dorcich, 17114 Laurelwood Drive, said he has had a Cupertino address since 1927. Ile was instrumental in getting San Francisco people interested in businesses in Cupertino. He said the Tax Assessor told him the average home is costing the area just as much for schools as they contribute, which leaves nothing for the other municipal expenses. Cupertino needs multiple and commercial to make ends meet.- Further- more, these duplexes will enhance and beautify the area. Mrs.Ann Anger, 10185 Empire Avenue, said she is a member of the Tri-County Apartment Association and she quoted some research data contained in a publication showing the yield of school age children from R-1 homes versus those from apartments, indicating that tax -wise, apartments more than pay their way. Mr. Louis Stocklmeier, 22120 Stevens Creek Blvd., feels that we should be guided by Cupertino's Director of Planning since he is the expert in this field.' The Director has stated that this area is eligible for the proposed density, and Mr. Stocklmeier has confidence in his judgment. Mr. John Cakron, 10153 Dennison, challenged whether or not apartments will take care of the high taxes. He referred to the high vacancy factor of apartments in Santa Clara County, and said they -are tax-deductibl-e. (He must have been refer- ring to income tax.) Mrs. Juanita McLaren, 22101 Lindy Lane, said she has been representing the landowners here since 1963. She recapped the proceedings during this time, all of which are to be found in past Minutes of the meetings. She assured the Council that these duplexes will tie in with the area and will not be detrimental in any way. Mr. Dick Cameron, 19763 Merritt Drive, asked if the City park will keep its present shape whether or not this applica- tion is denied. Mayor Dempster said this has not been decided upon as yet. Mrs. Dean Dunn, 19781 Merritt Drive, spoke against this application. Mr. L. Riedel, '-Blaney Avenue, said the master plan calls for what Mr. Mason is asking for, so he doesn't know what all the fuss is about. Moved by Councilman Finch, seconded by Councilman Noel, to close the Public Hearings. This motion was withdrawn to hear one more person from the audience. Mrs. McCarthy, Blaney Avenue, said she feels it is time the property owners get a little consideration. She said she and others have paid for the school where the children of the people who are protesting this application, go. Moved by Councilman Finch, seconded by (ouncilman Fitzgerald, to close the Public Hearing. Motion carried, 5-0 The Director of Planning quoted the Planning Commission, in that they felt this rezoning would set a precedent. He agreed that it would set a precedent; however, with present zoning on the property-(R-3"H and R-1) the density increase would not be as great as it would seem. The school authorities have been apprised of this proposed rezoning and they have not come out against it. -6- As far as compatibility is concerned, it is the Director of Planning's opinion that it is too late for Cupertino to try to be an all R-1 community such as Saratoga. He based this on the quantity of multiple zoning presently in Cupertino. Councilman Finch said he is in favor of the rezoning for the following reasons: 1 It agrees with the master plan. 2 Because of adjacent property uses. 3 There is no real traffic problem here. 41 He objects to being threatened with a refendum. Councilman Stokes said that he also resented the implication of a threat. But he was also concerned about the 300 to 400 undeveloped acres zoned multiple here already. Councilman Fitzgerald said that: 1) This plan proposed tonight is quite different from the original concept. This is about 8 units per acre and this fits into our master plan. 2) He does not feel the impact of this development would be too great on the schools. Councilman Noel was afraid that granting of this application would set a precedent in the entire area. Mayor Dempster asked the Director of Planning if he had figii.red the density on the area with its present zoning. The Director of Planning said the average came out somewhere around 10 units per acre. If further rezoning does not exceed 10 units per net acre, we will stay:within the master plan. Mayor Dempster feels there is sufficient land zoned multiple in Cupertine at present. He feels the supply is -greater than the demand. Councilman Fitzgerald said there is a demand for R-2 in Cupertino. He does not believe there is an unused piece of R-2 property in the City. Moved by Councilman Noel, seconded by Councilman Stokes, that application 10-z-65 be denied on the basis that it would set a precedent in that area. AYES: Councilmen Noel, Stokes, Dempster NAYS: Councilmen Finch, Fitzgerald Motion carried, 3-2 Mayor Dempster called for a 5-minute break at 10:30 P.M. V A. Item 2. Mr. Mittelman, of Valley Title, said he was handed a copy of the Ordinance at the beginning of.this meeting and, after studying it, believes there is reason additional negotiations. On this basis, he asked for a delay on his application, to enable him,to,sit down with members of the Planning Commission and discuss it. Moved by Councilman Finch,.. seconded by Councilman Stokes, that the Hearing on Valley Title Company (Page Properties) Use Permit be postponed until.the next regular Council Meeting. -0 Notion carried, 5 -7- VI D. VACATING CERTAIN CITY WATER LINES in Tract 3628, Unit No. 2, Oakdell Ranch, Resolution No. 1166. The City Attorney explained the Resolution. Moved by Councilman Noel, seconded by Councilman Fitzgerald, to close the Public Hearing. The City Attorney proposed the adoption of Resolution No. 1166. So moved, by Councilman Noel, seconded by Councilman Finch. AYES: Councilmen Finch, Fitzgerald, Noel, Stokes, Dempster NAYS: None Motion carried, 5-0 VII ORDINANCES AND RESOLUTIONS FOR ADOPTION A. RESOLUTION NO. 1171: Giving Notice of the Proposed Annex- ation of Certain Uninhabited Territory to the City of Cupertino. Describing said Territory and Designating it by the name of "Merriman 65-3"; giving notice of time and place said Council will hear protests thereto. The City Clerk stated the date of the Hearing will be November 15, 1965. VIII PAYING BILLS A. Resolutions No. 1169 and 1170. .Resolution No. 1169 was read by Treasurer Fitzgerald. Moved by Councilman Noel, seconded by Councilman`Finch, to adopt Resolution No. 1169. AYES: Councilmen Finch, Fitzgerald, Noel, Stokes, Dempster NAYS: None Motion carried, 5-0 Resolution No. 1170 was read by Councilman Fitzgerald. Moved by'Councilman Noel, seconded by Councilman Finch, that Resolution No. 1170'be adopted. 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. The City Manager requested the Council establish a salary range change from $530 to $644 per month for the Water Department Office Manager. Me So moved by Councilman Stokes, seconded by Councilman Finch. AYES: Councilmen Finch, Fitzgerald, Noel, Stokes, Dempster NAYS: None Motion carried, 5-0 2. The City Manager requested authorization to hire a full-time employee for the Water Department, to be Assistant Office Clerk, starting November 1, 1965, at a salary of $325 per month. So moved by Councilman Stokes, seconded by Councilman Finch. AYES: Councilmen Finch, Fitzgerald, Noel, Stokes, Dempster NAYS: None Motion carried, 5-0 3. There is some question of the status of the non- exclusive road off Lindy Lane. The City Manager informed the Council he will proceed with the annex- ation of the property up there until told to do otherwise. 4. Joint meeting of the City Council with Mr. Harry Auraack, of Mark Thomas Company, on Wednesday, 8 P.M., City Hall, to discuss the Water System's general plan. 5. DeAnza LTD postponement for one year. The City Manager recommended a Minute Order be made accepting Foothill College's request, but that the conditions in the letter from H. H. Semans, in the absence of Dr. Calvin Flint (who is in Europe), be adhered to. There was some discussion of the advisability of this action, but the City Manager felt that we are not going to be able to get it now, but that a year from now, we can refuse water service to the college unless we get it. San Jose I -later Service cannot serve DeAnza. Councilman Stokes said that it should probably be pointed out that we expect the street improvements on their own property, the same as we expect from anybody else. Councilman Finch left the meeting at 10:50 P.M., because of a previous engagement. Moved by Councilman Noel, seconded by Councilman Stores, to direct the City Manager to write a letter saying that we agree to the one-year postponement of the LID, but with the conditions in the letter. Amended by Councilman Stokes, seconded by Councilman Noel, that the letter shall include that we expect the street improvements to go in before the college is completed. Vote on the Amendment: AYES: Councilmen Noel, Stokes, Dempster NAYS: Councilman Fitzgerald ABSENT: Councilman Finch Motion carried, 3-1 Vote on the motion: AYES:. Councilmen Noel, Stokes, Dempster NAYS: Councilman Fitzgerald ABSENT: Councilman Finch Motion carried, 3-1 6. The Telephone Company has informed the City Manager that it will now put its cable underground along Saratoga -Sunnyvale Road, in front of the new Town Center, at no charge to Cupertino. 7. Mr. Francis D. Hughes, State Missionary Army, Inc., has asked for permission to solicite funds in Cupertino. Upon checking with various sources, the City Manager does not feel these are the type of people the City Council would like to have going to the homes, solicit- ing. Moved by Councilman Noel, seconded by Councilman Fitzgerald, to deny the above request. Motion carried, 4-0 8. The City Manager requested the City Council adopt the Resolution Relative to Extension of Mutual Aid Under Master Mutual Aid Agreement in Cases of Local Peril or Emergency. So moved, by Councilman Stokes, seconded by Councilman Noel. AYES: Councilmen Fitzgerald, Noel, Stokes, Dempster NAYS: None ABSENT: Councilman Finch Motion carried, 4-0 D. REPORT OF CITY ATTORNEY 1. The City Attorney recommended November 1, 1965, be set as the date for Public Hearing on Resolution No. 1168. So moved by Councilman Stokes, seconded by Councilman Noel. Motion carried, 4-0 2. In regard to Dr. Thompson's Vet. Office on Silverado, the City Attorney requested that the following condi- tion be imposed: "The bodies of dead animals shall not be kept more than one day." Councilman Noel asked how we can effectively police this operation. The City Attorney said the Court felt that was not the responsibility of the Court. Moved by Councilman Fitzgerald to appeal the Court decision. Motion died for lack of a Second. -10- There was some discussion of combining items 1 and 2, stating that animals, dead or alive, should not stay overnight. Moved by Councilman Stokes, seconded by Councilman Noel, that a business license be issued if the conditions are worked out to the satisfaction of the City Manager and the City Attorney, by October 25th. AYES: Councilmen Noel, -Stokes, Dempster NAYS: Councilman Fitzgerald ABSENT: Councilman Finch Motion carried, 3-1 E. REPORT OF THE BUILDING INSPECTOR He had nothing to report. C. REPORT OF THE DIRECTOR OF PUBLIC WORKS., (See Dir. of Public Works Report of October 1, 1965) 1. Stevens Creek Blvd. Improvement Project (Hwy 9 east) MINUTE ORDER: Upon recommendation of the Director of Public Works, it was moved by Councilman Stokes, seconded by Councilman Noel, to accept these improvements. Motion carried, 4-0 7. DEEP CLIFFE OUTFALL. The Director commented that the contractor is doing a good job, and it is 90% finished now. 12. SPECIAL REPORT ON GRADING ON BAYWOOD TERRACE, UNIT NO. 5. The Director said they should have word on this very soon. Mr. Theisner said they are deeply concerned that very little is being done to reduce the magnitude of the mountain. He submitted a large photograph of the "mountain" as it looks from his home. Resolution No. 1172 was adopted by unanimous vote, upon recommendation of the Director of Public Works. REPORT OF THE CITY ENGINEER 1. Tract No. 4058, Rancho Ventura, east side of Foothill Blvd., 700' south of Stevens Creek Blvd. Upon recommendation of the City Attorney, it was moved by Councilman Stokes, seconded by Councilman Noel, to adopt Resolution No. 1161, approving Final Map, etc., Tract No. 4058, Rancho Ventura; City Engineer to sign after Sanitary District signs. Motion carried, 4-0 2. Regnart Creek from Bubb Road to Lindy Lane. This item was handled under the Director.of Public Works' report. (Resolution No. 1172) , -11- 3. Regnart Creek from Bubb Road to Lindy Lane. Councilman Stokes asked :for a..reca.p, on all, .Sources of funds for this project. Thd��City Engineer .said it v7as: as follows Storm Drain:Fund ,500.00 Flood Control Contribution. ,100.00 Ward Crump Contribution 1,700.00 The remainder is to come from gas tax., funds. Moved by Councilman Stokes, seconded by Councilman Noel, to award the contract.to Hood Corporation at contract price of $81,766.00. AYES: Councilmen Fitzgerald, Noel, .Stokes, Dempster NAYS: None ABSENT: Councilman Finch Motion- carried, 4-O 4-. Resolution 1.158 co mains typographical errors, so Resolution 1173 is introduced to correct the wordage so the Resolution matches the Exhibit, Moved by Councilman Stokes, seconded by Councilman Fitzgerald, to adopt Resolution No. 1173. Motion carried, 4-0 5. Greenwich Green, off Blaney in Town Center. The map was never recorded inthe past 12 years. The developer has asked to have the entire project nullified and a refund of their money. Moved by Councilman Stokes, seconded by Councilman Noel, to' rescind Resolution No. 911. Motion carried, �1-0 F. REPORT OF THE RECREATION DIRECTOR 1 This coming Saturd:ay.,,we.will initiate the use of the High School gym for the teen population. Active participation is expected. 2, Mayor Dempster suggested that, on October 18th, they set a date for the joint meeting with the Parks Commission. G. REPORT OF THE PLANNING DIRECTOR Hej'had, nothing--fur.ther:,,to report :.. X UNFINISHED., BUSINESS. A. Councilman Stokes asked the status of a proposed interim ordinance.,whereby.;,if property is; not...developed within a given time it should revert to its original zoning. The planning Director said that, with the hiring of Jim Nuzum as Assistant, it,should,be..possible-to draft this Ordinance, -12- B. Mary Avenue Signalization. Mayor Dempster is skeptical to proceed with the signalization of Mary Avenue until the Mary Avenue Extension is ironed out. C. Proposed Urgency Ordinance No. 321 Regulating Home Occupa- tions. Approved by Planning Commission Resolution No. 304 Moved by Councilman Fitzgerald, seconded by Councilman Noel, to delay action on Resolution No. 304 for two weeks. Motion carried, 1I-0 XI NEW BUSINESS A. Moved by Councilman Stokes, seconded by Councilman Noel, to authorize the architect of the new city hall to go to bid on October 11, 1965; bids to be received by the City Council by 8:00 P.M., November 15, 1965. AYES: Councilmen Fitzgerald, Noel, Stokes, Dempster NAYS: None ABSENT: Councilman Finch Motion carried, 1!-0 XII ADJOURNMENT Moved by Councilman Fitzgerald, seconded by Councilman Noel, to adjourn at 11:25 P.M. A PPROVED: /s/ J. Robert Dempster Mayor TTEST: r City Clerk 10321 South Sa1'8toga-SUJUO'ftle Road Cupertino, CalUom1a, 95:>111 ph: 252-11505 CI'1'Y OP CUPERTIRO ca~1ront1B ......-a3 OP '1'ÐB II1!OOLAR ,.........-t OP 'I'BB CITY C~ - October II, 1965 ~ ' í&f CO 11aJiU'd. ..~ '~ØDìÞ&iìiool D1atr1ct ótt1ce 10300 .V1a~ -'Ði1IW.' '01pert1no -..M:. 0 :8':bØ P.II. ¡. - ~ ¡ x SAWTE TO 'l'IIB JUO xx ROLL CALL Councl1œn 'pI6aeat: Pinch, Pitzge1'81d, JIoel, Stokes, Dempeter Councl1llllln abaent: None Statf present: Clty Manager, Phil Storm Clty Attorney, Sam Anderson Dlr. of Publ1c Works, Prank Plnney Clty Engineer, Bob Shook Clty Clerk, Larry Martin D1r. of Planning, Adde Laurin Asslst. Dir. of Planning, Jim Nuzum Recreation Director, Jo~n Parham CÞ~ef Bldg. Insp., Blll Benevich Recording Secretary, Lois Inwards III MINUTES OP PREVIOOS MEETING - Sept. 20, 1965. Moved by Counoilman Noel, seconded by Councilman Pitzgerald, to approve the Minutes of September 20, 1965. Motion carried, 4-0 (Counc. Pinch abstained) IV ORAL AND WRI'l'TEN CClMJNICATIONS Ttlere were no oral cOtlllDW1ications, not covered under some item on the agenda. Wrltten: 1. Appl1catlona tor the vacancies on the H-Control Commlttee: Geraldine Lacy, Gerard K. Stem and Dr. M. W. Cowartz. 2. Notice 01" Inter-City Council meeting on October 7th, at the Brave Bull 1n Los Altos. 3. ABAG publ1catlon. 4. Copy ot County or Santa Clara Trat1"1cways Plan. 5. Catalogs r~ Rep. Gubser. 6. Notice or cancellation "f: the October meetlng of the County TrarN.c:1Iaya Committee. 7. Page Properties appeal ot Plannlng ColŒl1.ssion dec1Bion on their appl1catlon 8-u-65. (This is on the agenda.) -1- 8. Latter ot tppeal ~ Mr. ~nt 1n .r"tfi"'Ø .to Plann1n6 Co-1-.1on dec1áGD 011 his appl1cat1Ón 18-Z-65. .. IIoYed b7 c:o-u-- ........ .ecoaded bJ' OoUDC1I'I-.. P1tsgerald, to ..t tile I'UbBc ßI - ,.. ~app11catlon 18-z-65 tor October 18th. - , - ,\,-: ;". .'~ ·:,:?~r'<I" ourÞdi ~.:F.~ . 9. =:'~'Ø~!P-:t:~~'~~~~ aw..s _ CDaDon- ft· J. 'ald. .econded b7 ~ 1foel. to let tbI 1'Ubl1e IF .. tor application 8-s.ti!5 -tor October 18th. ~SoI1 C81'I"1ed. 5-0 , 10. CoPT 01' a letta' 0- Attorney John J. __ reprdlng the ~n Vet orrsc. bua1ne88 l1c.nee.. IIoved b7 Councll_~. aeconded by Counc1laD Pinch, to recelve and tile tbe ~~ coœmm1catlona. Jbt10n carried, 5-0 V A. REPœ1' or PU1IIIDD ..aeassIOH (See Minutes or Sept. 27) Slnce there was no re_....entatlve of the Planning Co_lsslon present to give a report. the Mayor proceeded to Item 1 on the agenða. 1. DITZ...."RAlŒ: Tenta~1ve Map tor 'R.9 acre d.ve10paent, a..bt !'lead at 001'-- Avenue. Approved by Planning Coaa1ssion Re80lu~1aD 110. 298. Councllaa:: Fitzgerald aœtained troll! this Hearing s1nce h1s ottlce 1a 1nvolved in t!d.a. Ib'. Oeorge Sompa ... ....... eat to answer any questlone. '!'be D1rec:cr 01' Plann1a& pre.ented a wrltten _, dated this daJ', to ~..e C1tJ' CouncU and read it alound ror the benef1t or the aAience. There was scme dlsc'.raa1oD ot the County's projected plans 1b r an 1nter-clty arter1a1 1D this area. Councllman JIoel 1"eels 8Ometh1n¡ should haY. been done about It berore the Crump 4eveloPRDt waa allolled there. The Director telt It ..s his duty to tr1ng thia artertal to the attention or the Councl1, 1D a last :11tch error1; 1;0 rollow through with the County's plane tor 2ndl1ngthe fUture trat't1c In this area. . Other- wise it wUl have to _ the realdent1al streetD. ~'1'E œD!IR: Moved b7 CDancllmai1 Finch, seconded by Councl1- ..n 1IoeJ.. 1;0 aJlFOVe the Tentat.1.. "'P. as per Plann1J1S 0 'aaion Resolution 110. 296. AYIS: .W: ABSTAD1!D: Councll-.n PJftch. lIoe1, Stokes, Bone CounclllBn, ft~1d IIDt1ÞD carried, 4-0 Detirpeter -~- á ... tt·,£i !. 2. VAIJ.EY TITLB CO. (Page Properties): Use Permit for a 5<)-acre one-fall11y Cluster Developuent wlth1n s PC-H zone, ea8t ot *17 Avenue, north ot Stevens Creek Blvd. Appro-.cl by Plarmlng eo-1s81on on Sept. 'Z7. Condlt1on8. ",- Upon request or tile appl1cant, 1t was moved by Council1l8n ~l. seconded b:r CaiW"'1~ Pitlge1'8ld. to place this 1telll ~ ft, the end ottli!:~''''} IIO"S to ac!!+-' ,~ I1Iite the- rest or .'t;Jiìe audience bNI . II tb1t11' presentation 18 qu1te lengthy. ~ ~: . . , , -. .;' After _Icing suN' tllere were no lM.bere 1ft the audience pre- . . "nt speclf1cal17 '~r thi8 appl1utlon. the mot10n carried, 5-0. REPORT OP TBB AftenÙlWlvML AND SI'rB APPROVAL COMMI'l'TEB (See Minute8 of September 28, 1965) Cha11'1118n Horgan stated there was also a 8pec1Bl meeting on September 30th, to review Dr. Salero's plans to put a new roof on his medlcal-dental bul1d1ng next door to the present Clty Hall, and they would llke Clty Counc1l's action on this appllcation tonlght also. "B. Moved by COutlc1l1l8n Stokes, seconded by Councilman Fitzgerald, that the H-Control Minutes of September 28 and 50, 1965, be accepted. Motion csrried, 5-0 VI PUBUC HEARINGS A. WILLIAMSON-WOOLEY: Application 2-v-65 for a Variance to sllow lots of 1/2 acre average, mlnimum 15,000 sq. ft. where Ord1nance requires 1 acre; south of :eay Terrace, west ot Nt. Crest Drive, 7 lots; also Tentative HaP. Approved by Plarmlng Coaa1ssior. Resolution No. 290 and 291. Councll Resolution No. 1157. (Continued) Upon the request trom the sudlence, it was moved by Councl1man Pinch, seconded by Councl1man Stokes, to reopen the Publlc Hearing. Motion carried, 5-0 Mr. Ellis Jacobs, 22051 Regnart Road, Cupert, Ino said he is a homeowner and an architect and 1s well versed in planning. He feels enough large oak trees have been destroyed In order to bul1d homes on small lots and feels the trend should be reversed. He proposed that lots should not be less than one acre, He said he has requested a study of the Regnart Creek area and wondered If anything had been done about it. Moved by Councll_n Pinch, seconded by Counollman Stokes, to close the Public Hearings. Motlon carrled, 5-0 Moved by Councilan Stokes, seconded by Councl1man Finch, to adopt Resolution Ro. 1157. AYES: Councilmen Pinch, Stokes, Dempster HAYS: Councilmen Pitzgerald, Noel Mot10n carrled. 3-2 -3- B. APPEAL: A. L. CBmiICK¡ App11cat1oD 13-tJ-65 for an Autoœt1c car tiaah and Automotive Repair Center, a'~ 2OlQO SteveD8 N'eek Blvd., Cupertino. Denied by Plalin1ng CD "-1on Resolution No. 2'fIT. Councllman P1DCh aœtained tl'Om this IIear1Dg beéause he aald tie has an iD~ 111 it. .. A. L..,9~~..20932 Serra ~ DJ1.... SuatOÐl~' and h1a "..tar-. ....t.-ø. P1cbe~tb _4t:';"Cf·~t'r.ll~2:m eite plaÞ of titii'JlNllDltð car .-t .e 1'è ~" ter"':~~!E:" -,., ØQ".'~_~ tJda _~ ~ept 1ft auto re¡a1~. -tor tœ.baaJ-, ,~,,,_. , " ee áDd aUa 11111 be on 110" creek Bl'fd. iüd on tn--t ÀftDlle. IIQor DelÇllter . - II t;be appUcaat to IIXI',.tft .!!at t7P8 øt auto retI81N <1IØ:i _ ....JifU.... beN. _Þ. m--.ftck sa14 no ajor ove~ «~ abopa 1I1l1 be be1'eJ ~ repair ot II1nor dente. ~ télacllupa.o etc. '1'h1e WS11 be a- delu ruto repalr shop. ,1I1tbP1 ~'I\t a1t1llS 1"00II. etc.. and expensive bu1ldlnp. I1'b1a _"'.....:t1ve repair center 11111 be 360' beck trom Stevena cr.eeJr m.1III.. and 11111 pI'Ov1de usage ot land tor Ifhich'Mr. Cha4w1ck doeS not have IIJ17 other use. Mr4 Chadwick po1l1ted out ttw.'t the night the Planning Com- m1ss1on made their decla10n on his app1icatlon. only three Collllll1ssionen _re present and he wonden it the, outcome ot thelr decla10n might not have been ditterent It they had all been present. There has never been any publlc protest. Moved by Councl1man Stokes, seconded by Councl1man Noel, to to close the Publlc Bearings. Motion carried, 5-0 The City Planning Director recapped the Planning Commlssion 's 1"eel1ngs on th1a atter, as noted In the IUnutes of their meetlngs. or chiet concern was that It was felt Ste'/ens Creek Blvd. should become a "Wl1sh1re Blvd." and they dld not 1"eel this type ot business would be compatlble with h1gh rise business off'lces. Mr. Chadwick sald that, when he was in Beverly II1l1s reoently, he saw lots 01" car washes next door to h1gh rise bu1ld1ngB. Councl1man Noel agreed that Cupertino needs a car wash, and this no doubt would be d flrat-class one, b~t questions whether thls is the place for it. Mr. Chadwick said you cannot get the t1nanClng for an expenslve operation like this unless it is on a aiD thoro1"are. He sald th1s building ,till have a black wrought lron roof, wlth the posSlbl1ity of' ID8sonr,y pllasters, a completely contained and enc10sed structure. It costs 3 to 4 t1mes what the car washes you see around here now cost. He explained that this would be at rlght-angles wlth the street. Mayor Dempster co -ted how the appllcant has been In busi- ness in CUpertino tor two years now, and It has always been a nest, clean operetion. Councllman P1tzgera1d asked the City Attorney 11" th1s is a compatible use with the plans for the Town Center, 1n back 01" this propart7. '!be City Attorney quoted porUons of' the Ordinance appllcab1e to this. Mr, Chadwick sa1d tbU project actusllý is 1Ì1 two µ¡asell. He and the architect 1MI1t on to explaln some ot the detail work of' the structlire aM the masonry wall. -4- , ' -'< ~ D1reCtor ot PltbUe VorkII øald that there v1l1 be no break in the 1led1aJi strip 011 Stevena Cre&k Blvd. at that sl'Ot, so the appllcant 1Ibon1<1 ¡daD accordingly. Mr. ÇI.......'ck sald he ball alrMd7 taken tIda JDto conaideratlon, au! be a180 aSI".N:1 the Council he ~ W ~:u.øw 1:hrough 1I11:h 1-aping. .I*t_ tJat,. __~'tIIere 18 a fu~" ftevens . .,~m"d"-"- ~ . .....~ed to ~,.._31eat1oD 13.;:J~. !l(OQrn_" J1 . .' the mt10D Ja..4Jer to pt a -..:.",:....r~F .. . '''~~~,'~:''':e . . ~'" ¡Jaft.JdP '- ......../I."'G" Oft ~ -. æ: a~· ...-.' ."'- 1IDt1on tailed, 1-3 Moved by Counc1~ 31;01œ8, seconded by CouDcl~n Fitzgerald, 1:het appl1catlon 13-0-65 be apJll'C?ved, wlth the condltlon that the rendering end 1:he site plan (turned) 11111 be t?llowed through, and tha1: the pUaatera are to be DB80I!I'Y. AYES: NAYS: ABSTAINED: Councl~ P1tzgerald, Stokes, Dempster Councl~ JIoel Councllran PinCh Motlon carried, 3-1 C. APF..AL: MASON unUtl'RISBS, INC.: Appl1cation lo-z-65 tor Rezoning froe R-l:B-2 to R-2-H; 10 acres between Blaney Avenue end Portal Avenue, north of Stevens Creek Blvd. Denled b7 Plarmlng CODlDlssion Resolutlon No. 296. Mr. Mason presented a plot plan showing the property in question 1n proxlm1ty wlth the City Park. He then dlsplayed a tenta::ive map and showed the surrounding zon1ngs. He sald III duplexes are contesplated here now. Mr. Mason said he has been working with the property owners tor two years now, trylng to get some k1n:1 of zonlng on this property, ln keeping wlth the price 01" the property. Councl1man Pinch asked the applicant if he could posslblY develop th1s property into R-l' s. The aVPl1cant øald he could not. Mr. Keith Irwin, 19843 Baywood Drlve, read his prepared speech. He stated that: 1) The schools would be even more overcrowded than the7 presently are; 2) Trat1"lc would be lncreased; 3) Over 500 people in that area signed a petition agalnst this rezon1ng; end 4) In case this appeal ls approved, how long does lt take 1;0 get a referendum toge1:her? Mr. Robert Jacobs, 19851 Baywood Drive, recapped his statements DBde st the PlaJIn1DS C 1ss10n, wh1ch wll1 be found in those Minutes. Messrs. mIl n11a aøS V11l1am Linn both spoke up against thls appllcation, also. -5- JIIr. Stephen DoI'cSc'" 17,1Ja Laure11100d Drive, ea1ð .... haa had ' . Cllpart1llO .~ lt1Dce 1927. lie 1I8a iMt1'Ul8eDtal in getting BaD PraDctaco peop1. 2Jltereated 1n we1neSSe8 1ft Cupert1no. HI III11d the '!'lax An I r told h1a ttll! average JmIIe is coating ~.. _ Jut.. ..... ~_ .cbc--:-ls .. thie7 cont;rS.llut;e. .&1ch l~_ noth1nS ~_ t:Iie ~ Bml.~!pal expenaee. CUpertino .... 1II1t1p)e .. f h1a1 to ate enÞ-.1;. . 1'III'tIIer- -.ra. tbM....,.' .~ 1dU...-no. 8JId beSu~ tile .... :'c¡:',:':".:~.. " ''', ",:,(..~. ..; , ,- , ~. ~.·......~;...·.f·~..·.A:~§·.·._l¡tr..' . ....-..... . ~=S;r;;~t~~~:M ;,'1;~ .... _ ...-:.' . :...J,.:;..~.:T- Wt4u11 tba8eftolW-]f' 1 ~ -;Jcf' t...n-t1lll.·· -- ....... .~t-uta !lOre than lIit.tbBl1!"Y. -' . .!.":: lIIr'ó 1øda;8t~ 1](1-'; ~Øft.8teftœ creek Blwd.,: MJ- that _ IIø21d lie' ..,. a....,b1JIo·s D11'ectoror·....1CtI1I.. stnce be 1a tile -ø-t. sa tala field. '1'be D11'ector baa II1:ated that thia _ 18 .'tllt-- t'àI' UIe proposed dena1t7. aD! 111'. atGCkDe1el'''' ~e1n h1e judgllent. 111'. JoIII1 caJœoD. JØ153 .-....-on, challenged whetbel' or not .~ta w11l taIIe __ ot the high taxes. Be re1'erred to tbe h1&h ...~ ftacœr or apartments In Santa Clara County, 8JId aaid tbe7 are tax......,......t1ble. (He must have been ref'er- ring to inCome taz.) Mrs. Juanita MeLaND. 22101 Lindy Lane, del.1 she haS been representing the b. .....'...re here s1nce 1963. She rec.,pped the proceed1nga dur1IIS this time, all or _ wh1ch are to be 1'ound 1n put ~ 01' the meetings. She aasured the Council that these dup.1r"'!I "HI tie 1n w1th the area and wl11 not be detrt.eDtal in any 1I8Y. Mr. Dick Cameron, 19763 Jlerrltt Drive, asked 1£ the Clty ..rk w11l keep Its ...__ent shape whether or roOt th1s appllca- tlon Is denied. JIa:fl)r De-.pøter said this has not been decided upon as yet. Mrs. Dean Dunn, 197~ Merritt Drive, spoke agalnst thls appl1catlon. Mr. L. Riedel, "1....-,. Avenue, said the macter plan calls 1"01' what Mr. Mason 1s aa~ ror, so he doesn'·t know what all the tu88 is about. Moved by Council_n P1Dch, seconded by Councilr8n Noel, to close the Public Bear2Dp. Th1s motion was wlthdrawn to hear one more person rro. the audience. Mrs. McCarthy, "1......,. AyerJUe, sald she teels It ls time the property ownera get a lltt1e considerat10n. She M1d she and others have pa1d tor tbe school where the children of' the people who are proteaUng this application, go. Moved by Councl~ P1Deb. seconded by (ouncllr8n P1tzgerald, to close the Pub11c ~. IIotlon carried, 5-0 TheD1rector or pi........ QUOted the Plannll.ng eø-s.sslon, In . tbat tht..'1 relt 'tMJI 6 '''8: "<¡\rld set a· precedent. Be agreed that It would set a __ced_t; however, w1th Pl"II8-4:zon1ng on the property (11-3-. asd !!I-1) the dens1ty 1ncreaae would DOt be 88 great ãa it _'" seem. The school autbør1ttea beve been appr1Hd or tb1s proposed. rezoning am they have not co_ out agalnat it. -6- ...~ as cOllpat1b1l1t7-þ·~, 1t a,the, D1rectorof ....~ 'II op1n1on tœt 1t;·þ ~. :ÞI.te tor. Cu1!ttft,1DO '"to try to be -an all B-1 co~t7· SUCh. as Sií1"lltosa~ '1IiJ based th111 em tile quantity or au1t;2.Ø1.,__~ preSl!Qtly in Cupu':t1no. . - - " -..- .',..' . . - , 'A.' ,«.-;~~;;.. Finch ~14 1Je,~ ~c~~..o~ ~,1!¡e,reJ".O~rror the '~' '" . reaSOM. ~c'O ''": .j! ,.., "..f- t_ ._, . .v.-", ~ ,. . - J-V... ... -. ~ ... . . '.~~.~~..,. ·':.··..1'·~:e:r"~~~~~·,1¡0.. '.: .. ,; ..~'" ",.. 111_;110· r-.l -'''d '. -.. .., -',' ,', "öbJects to- . . . 'Va '-retétIdUII. '~'~~~=t~to:~:'::'~C:::==t t~~:t1: - ,.a1oped acrea ~ 1fe~p1e here a1read7. l' n_n P1tzgere1cl _id tbat;: 1) ft1.a plr.n prOpOHcJ ~rtit quite :tltFètr&tit 1'roIII the or1g1nal concept. tId.a 1a .~t 8 unitll per;.acre and ~a tlta into our "'ter p1àQ. '- " :. : 2) B'.J does not teel the þplct ot -th111 development would be too great on the acboo111!. CoçucU_n Noel was afraid tœt granting òr thid application ~d set a precedent in U1e entlre area. IIa70r Dempster asked the Director ot t'lanning it he had ~~ the denlllty on the area wlth its prcsent zoning. '!'he Director of Planning said the average came out somewhere around 10 units per acre. It further rezonin¡¡: does not exceed 10 units per net acre, we wlll stay wlth1ri the 'lBSter plan. Jlla70r Dempster feels there is suf1"1clent land zoned lIIultiple 1.:l Cupertine ¡,t present. Be 1"eels the supply 1s greater than the dema.'Id. Coruncllman Pltzgerald sald there is a demand .tor B-2 10 Ci1pertlno. He does not believe there ~s an ~used plece cr B-2 property in the Clty. JIoved by Councl1man Noel, seconded by Councilman Stokes, tœt application 10-z-65 be denled on the basis that 11; 1IDUld Bet a precedent in that area. Councilmen Noel, Stokea, Demps ter Councl1men P1nch. ntagerald IIotlon carrled, 3-2 JIIa:JlOr Dempster called tor a 5-adnute break a1; 10:30 P.M. A:fES: -~: V A. Xtem::. Mr. M1ttel.an. ot Valley Title, sald he was handed a copy ot tbe ()rdj,nance at the beglnn1ng ot this _et1ng and, atter .~ it, believes there 1.8 reason addltlonal negot1at1.oD8. On th'1s bas1B, be' asked 1"or a de1&y on h1s app11ca~ to ,e~b1e þ1m to- sJ.t down wUh _bers of the P'.1arJns:iIS co-'1ss1on' and dlacuas 1 t. ~ed by Councl1_n P1ñcíi. 'Ãêoáded bY Counc1lman Stokes, that tile Bearing on Valley flUe CoIIpany (Page Propertles) Use ~t be postponed ;mtll -;.~;~reßUlar P?uncll Meeting. ..~~ car,ried, 5-0 --',-~1. .~;'J - >~ 'ÍÌ' . ÍJ. 'IA~.~.CiIn;Ø~1U'rrI¡¡Âm .'J.nms in 'Í'r8c;1; ~8. , :.' .'10: :2~.;aødi1'I Ranch, 'knolut10n Bo. 1166. .. ," ....... ._-,' " . . - r . ''Ïbe C1t7 ~;:;w'db:bIed -the Resolution. .': ,-C '1IoYwls bi ~ftlroíWi·"1; lJècond8d by Counc;11J1à1Ì Pitzgera1d, to 810ft tI-. ""'..... &er1rIs. '!'be C1t7 A~'~,~~~,?n ,~f'Biteq!~lÒ~ Mo. 1166. So 9P~-}.~__~~'~"~~ia4¿P1nch. . ,'~~'f'" 'f~ , ,I..l~"!"T'~_ .' __ " . " , ' '~i~',~ _:,~; ~~:~~~'i!~!~1~,Roel, ~~~.,,)>>-Ptter ,,·,....,...fa ,.~¡~'. I {.f11:: r!J~~'< ' ,--., . . ._" u". '-d ,., "lIt)ulm' aarr1~.·5-o' . , t! ;' . wu ~C~!'~II'."!'M~.~~ØOlS;P ~PltºR , A; ~dIi iÞ:;uñ:" Q~V1ns'!fot1ce ot'tlle !i'oposed Annex- .It~ot.~;1JD1rÌhat,llted Terr1to17 to thlt City ot èuPifK~. . ~1iUc!i'1blng..ld· Ternto1'7 anc! DtlJlgnating it bJ' the __ ot ·...rr1man 65-3" ¡ giving notice ot tll11e aÞ1 ~~e ~ÇouncU will. hear protest~ t~reto. The Cl1.7 Clerk atatéðthe date ot the Hearing wl11 be Nov8lllber 15. 1965. UU PAYIIIJ BILIS. : A. Re80iutioNl ÍIÓ~ 1169 and 1170. Re801utlol1 :10. 1169 _s read by Treasurer Fltzgerald. Moved by Council... !foel, seconded by Councilman Pinch, to adopt Resolution Mo. 1169. AYES: ~llmen P1nch, Pitzgerald, No~'l, Stokes. Dempster RAYS: ....._ Motion carr1ed, 5-0 Resolutlon Mo. 1170 _a read by Councilman Fitzgerald. Moved by CoIDIC11aD Jl:)e1. seconded by Councilman Pinch, that Reso1ut1on Ro. 1170 be adopted. AYES: CoIIDC11t1eD Pinch. Fitzgerald, Noel, Stokes, Dempster RAYS: ·lfoDe Motlon carned. 5-0 ':D .. ...~.. lŒPœr' op' OPJ'ICIIIS ," .. - . .-. A.. ~.:"··1~ ,'_.,,-~.,. '.- Be :Jad.~t.~~ ~ t~.repo¡ot. . '.:..;. .-, . "f _ ~_ -J . . .-7.... ~":...~~ ~ imPáRr lji-'èrft ijDIàdtt' : .~.. c...."_ .__.. .". ." . . 1. '!bIt- C1t:y -1'ri'·~.te4 the Council oatablish a 861&17 raajpt ~ troll $530 to $ólI4 per month tor tile Mater ÐitPirtMnt 01't1ce llanaser. -8- ,,-~ "~. " ,~;,~~,~~ .':' . .~". .,;;,,'. _ _......-'. ,"_~.t~~ :_,~i.~}ii'~~ So IIIOVed by Councilman Stokes, seconded by Councilman Pinch. AYES: Councilmen Pinch. Pitzgerald, Noel, StoJ:e'3, Dempster .15: IIone Jl)tlon carried. 5-0 f fl· . êC1tY, ...~ reque.lI.ted aut!!o1'1.. D. tlon to h1re a _~_ .1" tor the Jatar Department, to be JA' iaÞ . ice Clerk. IltårtiJlg Rövember 1, 1965. at a' 1à]a1'.'t of $325 per IIIOnth. . So.JIO~ 117 CouDcUman Stokes, seconded by Councilman P1Dch. 2. 1'!1S: 'eounC11men P1nc:h. PltzgèT~ld, 11081, Stokes, Dempeter .15: Bcme Motion carrled, 5-0 3. There 111 some qµestlon of the statulI of the non- exc1U111ve road of1" Lindy Lane. The CIty Manager tnrormed the Council he will proceed wlth the annex- atlon 01" the property up there until told to do otherwlse. ~. Joint meeting or the City Council with Mr. Harry Aumack, 01" Mark Thomas Company, on Wednesday, 8 P.M., CIty Hall, to discuss the Water System's general plan. 5. DeAnza LID postponement for one year. The City Manager recommended a Minute Order be made accepting Pooth1ll College's request, but that the conditions in the letter 1"rom H. H. Semans, In the absence of Dr. Calvln Plint (who ls In Europe), be adhered to. There was some dlscussion of the advisability of this a~tion, but the City Manager telt that we are not going to be able to get it now, but that a year from now, we can refuse water service to the colle$e unleas we get it. San Jose Itater Service cannot serve DeAnza. Councllman Stokes sald that it should probably be polnted out that we expect the street Improvements on their own property, the same as we expect 1"rom anybody else. CouncUman Pinch left the meetlng at 10:50 P.M., because of a p. "evlous engagement. Mev_..! 117 Councilman Noel, seconded by Councilman Stokes, t... lilrect the Clty Manager to write a letter saying that we ligree to the one-year postponement 01" the LID, but wlth -ehe condltlona in the letter. Amended by Councllllllln Stokes, seconded by Councl1man !bel, thet the letter shall Include that we expect the street 1mprovements to go in before the college is cOllpleted. Vote on the Amendment: AYES: ~YS: ABSBIiJ'l': Councllmen Noel, Stokes, Dempstet' Councllman pitzgerald Counollman Pinch MOtion carried, 3-1 -9- , "."':': Vòte on 1:1» ..o1:10n ~ AYES: HAYS: ABSBII'l'; CounclLæn Noel, Stokes. Delllpøter Counclluøn Pltzgerald Counc1l_n Pinch Jl:)t1on carried. 3-1 6.fbe,,.¡epboJll,~hU 1Dto~ tbe C1t7 Manager 'that 'It '~' . rØíw ,~. Ita· cab1e '~w'd alol11 ·SUã........~ ·~~y~IH~òed; ,in t'toót"ór:tba new '1'o1m ceœ;;:"¡t~ èlarp Coqûþert~. .., 7. JIr~·J'6__1a·D. ØJghes;St:á:teMiÎ8~,~. Inc., hall ..J1e4 for pel'lliaslon to so11c1t. -tuI1IIs 1n CUpertino. 1JpoD cJleck1D8 tI1th var10ua 80UJ:Ce.. 1;~,Clty Manager doé8 iIot teel thesè ûè the type Öf peòþ!e the Clty Councl1 would like to have going to the-hollies. sol1clt- lng. Moved by CoUDC1~ Noel, seconded by Councllman PlUgerald. to dea;y the above request. Motion carrled, I¡-O 8. The Clty Manager requested the Clty Councl1 adopt the Resolut1on Relatlve to Extenslon ot Mutual Aid Under Master Mutua1 Aid Agreement 111 C!'\ses 01" Local Perl1 or BlDergency. So moved, 117 C<:>uncilman Stokes, seconded by Councilman Noel. AYES: NAYS: ABSENT: Counc~lmen Fitzgerald, Noel, Stokes, Dempster Nom, Cc,uncllman Plnch Motion carried, 4-0 D. REPORT OF CITY ATTORNEY 1. The Clty Attorrn.y rec01lBDended November 1, 1965, be set as the date 1"or Public Hearing on Resolution No. 1168. So moved by Councl1man Stokes, seconded by Councl1man Noel. Motion carried, I¡-O 2. In reg¡ard to D¡o. Thompson's Vet. Otflce on Sllverado, the City Attomey requested thet the followll11 condi- tion be UP08ed: "The bodies of dead animals shall not be kept more than one day. II Councilmen Roel asked how W6 can eftectlvel1 police this operation. The City Attorney said the Court 1"elt that was not the responalbl11ty of the Court. Moved by Councl~ Pltzgerald to appeal the Court decision. Motion died tor lack ot a Second. -10- There was 11_ d1l1cUllsion of combln1ng 1telDll 1 (¡nd 2, s:~tlng that Aft1..ls, dead or alive, should not stay ::~m1ght . ReTe<! by Counc~ Stokes, seconded by Councilman Noel, t2t a bua1ne.. llcenae be issued U' the condltlons are _t1œd out to tile sat1sf'actlon or the Clty Manager and tbe City AttonlQ'. by October 25th. ADS: 1I1S: .~: ~....." . . IIoel, .stokes, DeJl¡ieter COO.......-;;" fttagera1d CCJlIftft........ 1P1Dcb Mot1on carr1ed, 3-1 B. nanaa- or '1'BB JIIIDDI1I] IJISrsa'Olt Be had noth1D8 ~ report. C. IW'ORT OP '1'BB u.u.ø.-J:OR OF fUBLIC WORKS (See D1r. 01' I'bIIlJ.c Works Report of Oc'Cober 1, 19(5) 1. Stevena Creek Blvd. Improvement Project (Hwy 9 east) IUllI,il'¡'; ORDER: Upon recommendation 01" the Director of PUbl1c Works, it was moved by Councllman Stokes, seconded by Councl1man Noel, to accept these i~provements. Motion ~arr1ed, ~-O ~ I. :'::EP CLIPPB OOTPALL. contractor 18 dolng a ::ow. The Director commented that the good job, and it is 90% finished 12. SPECIAL REPORT ON GRADING ON BAYWooD TERRACE, UNIT SO. 5. The Director s:!1d they should have ~10rd on :~is very soon. Mr. Tnelsner said they are deeply :oncerned that very little is being done to reduce :he magnitude of' the mour.tain. He submitted a large ;hotograph or "r.e "mounta ln" as It looks 1"rom his :-..ooe. Resc:~tion No. 1172 was adop:ed by unanimous vote, upon re::::cendatlon of the Director of Publlc Horks. REœT OP THE ern' ENGINEER 1. 1'rBct No. ~058, Rancho Ventura, east side 01' FoothUl Blvd., 700' south 01" Stevens Creek Blvd. Upcr. :-ecommendatlO11 01" the City Attorney, it was moved by Councilman Stokes, seconded by Councllman Noel, to ado;t Re60lutloD lb. 1161, approving Pinal Map, etc., Trac: No. ~058, Rancho Ventura; City Engineer to sign afte!' Sanltary D1at;r1ct signs. Motlon carried, 4-0 2. !legnart Creek 1'1"0lIl Bubb Road to Llndy Lane. . '1'h1a item _s .............- u."1l:er the Director of Public Works' report. (Reaoluttoa lb. 1172) -11- 3. lIegnart Creek trQmJ~!lbb Road to.L1nd7 tane. Counc1lm8n Stoke. a.ked tor a recap on all sourcell ot tundII tor thill project. The City ~ ..ld it .. as tollows: ~. , SWIW- DN1n J'ar;d nood . coa:.zrol CoDtr1but10D 1lar4 0I'aP. CilDtri1l!tt1oD. . - - '!he ~rder 1. to cOllit troll pa tax fuÌd8. IIDftd 117 q0an011_ StokH, ..-..s ~ Couw>1~ ~1, to aud t.. OClIj1õftct to IIDod Co~NÖon .t ccntNct price ot $81,166.00. ADS: Councl~ P1tqerald, lIoe1, Stoke., ~ter MYS: lIoDe AJISBIft': Counc11-.. Pinch 2.500.00 2,100.00 1,100.00 Motionc:arrJ.ed,· 4-0 11 lI~solut10n 1158 mntalna typographical errore, so Resolution 1113 1s 1ntroduced to correct the wordage so the Resolutlon matches the Exhiblt. Moved by CouncUman Stokes, lIecorded by CouncUman P1tzgerald, to adopt Resolution No. 1173. Mot10n carrled, 11-0 5, Greenw1ch Green, Off Blaney 1n Town Center. The map ,.as never recorded In the past li years. The developer has allked to have the entlre project roJllltied and a :-erund 01" thelr !DOney. Moved by Councllman Stolces, seconded by Councilman Noel, to resc1nd Resolutlon No. 911. Motlon carr led , 11-0 P. REPORT OP THE RECREATION DIREC'1'OR 1. This com1ng Saturday, we will Inltlate the use ot the !f1gh School gym for the teen po¡:>ulat1on. Active ?81'tlc1patlon ls expected. 2. Mayor Dempster suggested tœt, on October 18th, they set a date tor the Jo1nt meetlng wlth tb-: Parks COIIIII111111on. G. REPORT OP TIIB PLAJOII1Ð DIRECTOR He had noth1ng t'urther to report. X UHPINISBi!D BisINJisS"·· A. . Counci1al,n Stoke. allked the lltatua ot a proPOlled interim ord1nance, where~ It property la not developed wlthin a s,t.ven time It ahould revert to Ita.or1ginal &on1ng. The PlanrWIg Director ..1d that, with the h1J'1ng ot J1ID ~WD as Aaalatant, It ahould be poaalble to draft 'this Ordinance. -12- B. Ma1'1 Avenue S1gnI11zat1on, Mayor Dempster 1s sl:ept1cal to proceed wltl\ the e1¡nal1zatlon of Mary AverNe until the *17 Avenue lxtenalon 11 ironed out. C. PfopoMd Vrs-7 Qrd1Mnee JIo. 321 ResuJ,at1ng .... Occupa- t1oaa. A1IIII'Owd b.r PJ....i~ eo-1se1oft Ruolutlon a». ]01:. ..~... b.r CoaDcn- ftt _ ..w, aec:CID'Ied _ ~ll.u1 JIoe1, to ... actS.CID OD IIIIIo1aUOD 11). 3011 tor go wellS. Iløt1aD carr1ed, .-0 D _JIII--. &. II:Iftd b.r Counc11ml.n Stokes, secon4ecl b.r ""L1Þ"1~ IlDel, to authorize the arch1tect or the ... cit7 1Ia11 to so to bid Oft October 11, 1965; bide to be rece1wd b.r the Clt7 Council 117 8:00 P.M.. Ifovellber 15, 1965. AlIIa Councllmen Fitzgerald, 110&1, Stoic.., o-s-ter _'lSa IIone ABSII'l': CouncUman ftnch Motlon carried, 11-0 XII AD.JuulU'&'\un Moved t'3- Councl1an Fitzgerald. seconded by Councilman 1Ioel, to adjo¡;.rn at ll:?~ r.M. APPROVED: /s/ J. Robert Dempster Mayor ~'l'TBST: / ........ , ~~ t-·· City Clerk -+--- (!It.~ k -13-