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CC 11-01-6510321 South Saratoga -Sunnyvale Road Cupertino, California, 95014 phone: 252-4505 ----------------------------------------------------------------------- C I T Y OF CUPERTINO California MINUTES OF THE -REGULAR MEETING OF THE CITY COUNCIL -,November 1, 1965 PLACE: Board Room, Cupertino School District Office 10300 Vista Drive, Cupertino L,NNiNG COWSSIONI TIME: 8:00 P.M. N O V 4 1965 I SALUTE TO THE FLAG II ROLL CALL Councilmen present: Finch, Fitzgerald, Noel, Stokes Councilmen absent: Mayor Dempster Staff present: City Attorney, Sam Anderson Dir. of Public Works, Frank Finney City Clerk, Larry Martin City Engineer, Bob Shook Dir. of Planning, Adde Laurin Asst. Planner, Jim Nuzum Dir. of Recreation, John Parham Recording Secretary, Lois Inwards' III MINUTES OF THE PREVIOUS MEETING - October 18, 1965 Councilman Fitzgerald wanted it clarified, on Page 9, Item X A, that it was a "plaque" rather than "seal" that was approved. Moved by Councilman Finch, seconded by Councilman Noel, that the Minutes of October 18, 1965, be approved as corrected. Motion carried, 4-0 IV ORAL AND WRITTEN COMMUNICATIONS WRITTEN: 1. Notice of November 4th Inter -City Council Meeting. 2. Minutes of October 7th Inter -City Council Meeting. 3. American Missionary Army request to solicit. The City Clerk was asked to check this organization out and report back at the next meeting. 4. Letter from Rev. Anderson, Church of the Nazarene, asking the City Council to waive the improvement bond. The City Attorney said the City has previously cooperated with the Churches, relying on .their word, and to date, we've had no di,fficulties.` The Director of Public Works '-said' the bond is for about $7500, and he advised that this amount could be reduced to, say, $1000`which probably would cover any rejected work. Rev. Anderson said it has been their intent, all along, to put in the street improvements now.. However, there have been many things coming up which were not antici- pated. They have funds in the bank which are earmarked for street improvements. Vice -Mayor Stokes asked if the City could be named on the same bond that the Church requires from the contrac- tor. Rev. Anderson said he would investigate this possibility. The Director.of Public Works recommended a reduction of the bond to $1000, or a combination of this amount, together with the combination bond proposed by Vice - Mayor Stokes. Councilman Fitzgerald said he had no ob- jection to this proposal. Councilman Finch asked Reverend Anderson if a postponement on this would be a hardship; such postponement giving him time to check on whether this combination bond would be feasibl6: Reverend Anderson said time is of the es- sence, and he would appreciate a decision at this time, The City Attorney said the Churches in Cupertino have always followed through with their promises. Vice -Mayor Stokes said that perhaps it would be in order to issue a temporary waiver until the Director of Public Works can work this out. Moved by Councilman Finch, seconded by Councilman Fitzgerald, to waive the bond when the applicant pro- duces evidence for the Director of Public Works that the City is to be named on the bond which the Church requires from the contractor. Motion carried, 4-0 4. Letter from Plumbing, Heating and Air Conditioning Council regarding uniform nomenclature for standard zoning symbols. 5. Notice from Governor Brown re the November 18th and 19th Traffic and Safety Council Meeting in Sacramento. 6. Market order for dried prunes. 7. Notice of San Jose Water Works Hearing before the P.U.C. re fluoridation. 8. Notice of League of California Cities meeting. 9. Letter from Melvin Peterson regarding Cupertino Water Program, as it affects the foothills. Moved by Councilman Finch, seconded by Councilman Fitzgerald, that Mr. Peterson's letter be forwarded to the Water Commission. Motion carried, 4-0 10. Letter from Mr. J. A. Johnson, Baywood Terrace Home- owners' Association. 11. Letter from City of Carmel re underground utilities. 12. "People to People" program notification. -2- 13. Letter from Mr. Paul R, Kingston concerning abandonment of a public utilities easement on his property. The City Attorney suggested this be referred to the City Engineer. 14. Notice of November. Traffic Safety Conference. 15. Letter from Griffin and Murray re street improvements for northwest corner of Saratoga -Sunnyvale Road and Kirwin Lane. This will be discussed when it comes up on the agenda. Moved by Councilman Finch, seconded by Councilman Noel, that the written communications be:received and filed. Motion carried, 4-0 ORAL 1. Mr. Charles Huds6n,.10460 Farralone Drive, Cupertino, said he has made: at least a dozen trips to the Building Department, trying to get his building permit for his patio. He lives on a corner lot, and he and the Build- ing Department do not agree as to what constitutes his rear yard. He quoted portions of Ordinance No. 220 and County Ordinance NS 1200,.and asked for an interpretation. The Director of Public Works has asked for the opportunity to investigate this. It was granted. V A. REPORT OF PLANNING COMMISSION (See Minutes of Oct. 25th) 1. VALLEY TITLE COMPANY (Page Properties) Application 8-U-65 for a Use Permit for a 50-acre one -family Cluster Development within a PC-H zone, east of Mary Avenue, north of Stevens Creek Blvd. Approved by Planning Com- mission Resolution No. 301. :Appeal re conditions. (To be continued)' This item was postponed until November 15, 1965. B. REPORT OF THE ARCHITECTURAL,AND SITE APPROVAL COMMITTEE (See Minutes of October 26th) 1. Vice -Chairman Guy Fitch recommended that the Minutes of October 26th stand as written. The November 1st letter from Griffin and Murray was then introduced by the City.Clerk. They asked for permission to post a bond for street improvements, and since the property directly across the street has just been re- zoned, they would prefer to put: in ,the street improve- ments at the same time as the people across the street. The Director of Public Works said this would. be permis- sable, but felt it would .be.,in order to have a clause stating that no occupancy would be permitted until -..he street improvements have gone to bid. Mr. John'Champlin, 343:Bean Avenue, Los Gates, said that time is of the essence here,.and a decision this even- ing is requested. -3- f Moved by Councilman Finch, seconded by Councilman Fitzgerald, that the applicant be permitted to obtain a building permit, but no occupancy permit will be given until street improvements are completed or at least under bond to construct. AYES: Counc. Finch, Fitzgerald, Noel, Stokes NAYS: None ABSENT: Mayor Dempster Motion carried, 4-0 2. Councilman Fitzgerald asked Vice -Chairman Fitch whether the case came up at the H-Control meeting about the old building along side the Nite Kap. Vice -Chairman Fitch said the owners were present and were willing to cooper- ate in any way they could. Since the building will probably be removed within 2 years, they did not care to spend an excessive amount on it, but they agreed to paint up and fix up. Moved by Councilman Finch, seconded by Councilman Fitzgerald, that the Architectural and Site Control Minutes of October 26th be approved. AYES: Counc. Finch; Fitzgerald, Noel, Stokes NAYS: None ABSENT: Mayor Dempster Motion carried, 4-0 PUBLIC HEARINGS A. Vacating a Certain Portion of a City Street Known as Ventura Avenue, Resolution No. 1191 The Vice -Mayor asked if there were any comments from the audience. There were none. Moved by Councilman Finch, seconded by Councilman Fitzgerald, that the Public Hearings.be closed.. AYES: Counc. Finch, Fitzgerald, Noel, Stokes NAYS: None ABSENT: Mayor Dempster Motion carried, 4-0 Moved by Councilman Finch, seconded by Councilman Noel, to adopt Resolution No. 1191. AYES: Counc. Finch, Fitzgerald, Noel, Stokes NAYS:,None ABSENT: Mayor Dempster Motion carried, 4-0 B. Vacating a Certain Portion of a City Street Known as Regnart Road. Resolution No. 1176. Mr.. Melvin Peterson, Elmsford Drive, San.Jose, asked the City Attorney to be more .specific on'this. The City Attorney said Regnart Road was a meandering road and a subdivision is being developed in this area now, so the road is being straightened. -4- Moved by Counc. Finch, seconded by Counc. Fitzgerald, to close the Public Hearing. AYES: Counc. Finch, Fitzgerald, Noel, Stokes NAYS: None ABSENT: Mayor Dempster Motion carried, 4-0 .Moved by Counc Finch; seconded by Counc. Noel, to adopt Resolution No. 1176. AYES: Counc. Finch, Fitzgerald, Noel, Stokes NAYS: None ABSENT: Mayor Dempster Motion carried, 4-0 VII ORDINANCE AND RESOLUTIONS FOR ADOPTION A. ORDINANCE NO. 323: Rezoning Property of Joseph Dumont from R-3-H to C-1-H; 1 lot, 20532 Kirwin Lane. First Reading. Since this was a standard Ordinance, the City Attorney said it would be in order to read only the title, which the City Clerk then did. This constituted the First Reading. VIII PAYING BILLS A. Resolution No. 1189 and 1190 Resolution No. 1189 was - read by Treasurer Fitzgerald. Moved by Councilman Finch, seconded by Councilman Noel, to adopt Resolution No. 1189. AYES:, Counc. Finch, Fitzgerald, Noel, Stokes NAYS: None ABSENT: Mayor Dempster Motion carried, 4-0 Resolution No. 1190 was read by Treasurer Fitzgerald, Moved by Councilman Finch, seconded by Councilman Noel, to adopt Resolution No. 1190. AYES: Counc. Finch, Fitzgerald, Noel, Stokes NAYS: None ABSENT: Mayor Dempster Motion carried, 4-0 IX„ REPORT OF OFFICERS A REPORT OF CITY TREASURER He had nothing furtherito report. -5- M B. REPORT OF CITY MANAGER C. In the absence of vacationing City Manager, the Director of Public Works brought up the letter from Mr. Paul R. Kingston, whereby he petitioned the City to abandon the public utilities easement. Since this is such a small piece of property, Mr. Kingston has asked that the $75 fee be waived. It was brought out that the fact that the piece of property being small in no way lessened the work in- volved to abandon this easement. Moved by Councilman Finch, seconded by Councilman Noel, that the $75 fee not be waived, but that the Council permit the public utilities easement to be abandoned. AYES: Counc. Finch, Fitzgerald, Noel, Stokes NAYS: None ABSENT: Mayor Dempster Motion carried, 4-0 REPORT OF DIRECTOR OF PUBLIC WORKS Referring to his written report, the Director said: 4: The Regnart Creek and Regnart Culvert project is moving right along. 6. In regard to the Gallery, the Director suggested that we attempt to get a couple more bids. Hood Corporation, for instance, could be contacted since they are now.working on the Regnart project and already have the equipment and men in the area. He feels it is important to get the work done this year, if possible. Councilman Finch felt the City should approach these people to see if we can get a reasonable quote from them. The City Attorney said we are required by law to go to bid on a contract. Councilman Finch said that, in view of the fact that this project was put out to bid and we received none, he did not feel it would be wrong to ask for quotes. The City Attorney will investigate this further. 8. Water Report. This is currently being investigated. 10. Special Report on Grading on Baywood Terrace, Unit No. 5. There is no work proceeding at this time. 9. Corporation Yard, The luncheon has been postponed until all can be present.. 7. Vice -Mayor Stokes asked if the'date of November 10 is correct for the.opening of the bids. He recol- lected that his motion was to have the opening of the bids on the 15th, the same day the contract will be awarded. The City Attorney said the five days are needed to check on the financial responsibility of the contractor. -6- Moved by Councilman Finch, seconded by Councilman Fitzgerald, that the bid opening be held on November loth and the contract be awarded on the 15th, for construction of the new city hall. Motion carried, 41-0 The Director of Public Works called attention to the publication which he had stapled to the back of his report, concerning Covina's Underground Utilities Ordinance. He was directed to send copies to the Planning Commission, D. REPORT OF CITY ENGINEER 1. TRACT NO. 4058, RANCHO VENTURA, east side of Foothill Blvd., between Voss Avenue and Stevens Creek Blvd. Upon recommendation of City Engineer, it was moved by Councilman Noel, seconded by Councilman Fitzgerald, to adopt Resolution No. 1185 accepting "Quitclaim Deed and Authorization" from Excell & Son. AYES: Counc. Finch, Fitzgerald, Noel, Stokes NAYS: None ABSENT: Mayor Dempster Motion carried, 4-0 2. SIMLA LANDS, south side of Homestead Road, 500 ft. south of Grant Avenue. Upon recommendation of City Engineer, it was moved by Councilman Fitzgerald, seconded by Councilman Finch, to adopt Resolution No. 1188 authorizing execution of the Common Use Agreement. AYES: Counc. Finch, Fitzgerald, Noel, Stokes NAYS: None ABSENT: Mayor Dempster Motion carried, L,-0 3. PACIFIC TELEPHONE & TELEGRAPH, south side of McClellan Road, 150 ft. west of Saratoga -Sunnyvale Road. Upon recommendation of the City Engineer, it was moved by Councilman Finch, seconded by Councilman Fitzgerald, to adopt Resolution No. 1186, approving final plans. AYES: Counc. Finch, Fitzgerald, Noel, Stokes NAYS: None ABSENT: Mayor Dempster Motion carried, 4-0 Upon recommendation of the City Engineer, it was moved by Councilman Finch, seconded by Councilman Fitzgerald, to adopt Resolution No. 1187, authorizing execution of Agreement. AYES: Counc. Finch, Fitzgerald, Noel, Stokes NAYS: None ABSENT: Mayor Dempster Motion carried, L!-0 IVA M E. REPORT OF CITY ATTORNEY The City Attorney reported that he had been in conference with the Director of Planning and the Principals of application 8-U-65 (Page Properties), regarding the proposed College Park. F. REPORT OF BUILDING INSPECTOR There was no report. G. REPORT OF THE RECREATION DIRECTOR The Director gave a breakdown of the activities of the Recreation Department, and told of future plans, which include activities for the mentally retarded. H. REPORT OF THE PLANNING DIRECTOR 1. The Director asked that the .City Council set a date for Public Hearing of Ordinance 220 (f). Moved by Councilman Finch, seconded by Councilman Fitzgerald, to set the Public Hearing for Ordinance No. 220 (f) for the next regular meeting, November 15. AYES: Counc, Finch, Fitzgerald, Noel, Stokes NAYS: None ABSENT: Mayor Dempster Motion carried, 4-0 2. The Planning Commission has received a referral from the County Planning Commission in regard to the southwest corner of McClellan and Stelling. The Planning Commission advised strongly against the application and asked the Director of Planning to notify the College of this application, which he has done. The Director was asked to report the outcome of this to the City Council. X UNFINISHED BUSINESS 1. Moved by Councilman Finch, seconded by Councilman Noel, to direct the staff to notify the Architectural and Site Control applicants to be present at 10300 Vista Drive, at 7 P.M., Monday, November 15th, to meet with the City Council. Motion carried, 4-0 2. Moved by Councilman Noel, seconded by Councilman.Finch, to have the staff write a letter of commendation to the Chamber of Commerce on their expert handling of Cupertino's first parade, on October 30th. Motion carried, 4-0 19t11 XI NEW BUSINESS A. Award of Time Deposit: $172,829.81. The City Clerk said the following bids were received: Bank 3 months 6 months Wells -Fargo 4% 4.15% Crocker -Citizens 3-7/8% 4.15a First Valley 4-1/8% 4.25% Bank of America 4% 4.15% The City Clerk and Director of Public Works recommended the Time Deposit be awarded for 3 'rather than 6 months. Moved by Councilman Fitzgerald, seconded by Councilman Noel, to award the Time Deposit of $172,829.81 for a period of three months to First Valley Bank at 4-1/8% interest. AYES: Counc. Finch, Fitzgerald, Noel, Stokes NAYS: None ABSENT: Mayor Dempster Motion carried, 4-0 B. The City Attorney said he is presently negotiating with the Paganini attorney regarding the park site. C. Mr. Walter Ward said the $430,000 worth of street improvements on Homestead Road, from Lawrence Expressway to Stevens Freeway are now under way. XII ADJOURNMENT It was unanimously agreed to adjourn the meeting at 9:10 P.M. ATTEST: City Clerk APPROVED: ZA /s/ Gary Stokes Vice -Mayor 10321 ~ Sa1'8,;:,~-SUJU11V&le 1Ioad C _ 1ó1DC. cal1rc~:'a. 95011; phone: 252-4505 ------------------------------------------------------------ CITY Oil' CUPBRTINO C:a-r':.rorD18 __,. !'JIB RBJULAR ...",r,1D f1' ~ CXTJ CWjII;JJ. - IIovember 1, 1965 - ',- . .. .' - ~,- 0- '~.'t':' , .. "'"-"'-: -:-~: "IIÍIIård ~, Caper"ÎII. Scboo1 Dlai;r1ct ot1'lce . ";- :. DJ300 ft.ata Drift.' .,...-t.1ID - .-.. - . '8:00 P .X. ·Y .. SIUI'1'B \'0 '1'BB PLAO n æu. CAlL Councl1J:en present: JI'1Dcb,P1tzge1'81d, lIoel, Stokes Counc1l:1en absent: RQor ~ter Start ;:oesent: CltT Attomey. Sam Anderson Mr. o~ Public Works. Frank Pinney CS-tT C1erk. Larry Martln Clt)" I'r.ït'neer, Bob Shook D1r. or Plann1ng, Adde Laurin .\ast. J'lanner, J'lm Nuzum Mr. o~ Recreatlon, John Parham Recor.2~ Secretary, Lols Inwards· =:: iaNUTES :? TIIB PREVIOUS p.=allG - October 18, 1965 Counci:::.a.~ Fitzgerald 1I&nte:1 It clari1"1ed, on Page 9, Item X A. tha: ~: was a ·plaq-..e" rather than ·seal· that was approved. Moved ::; :C-.mcllaen P1.n::h. seconded by Councl1l'Jan Noel, that 1;he "'~~-':~s ot October I:, 1965, be approved 88 corrected. JIotlon carrled, 4-0 ::0 ORAL ^-'7: "'P.I'l'TBN CCMC!,'ICA7IONS 1ìRITTE:S : 1. &-. -~ of November lò:h Inter-City COUl!.cll Meetlng. 2. Mi:::.;~~s of October 7tr. Inter-Clty Counoll Meetlng. 3. Ace~can M1ss1on&r'7 Ar.tq request to solicit. The City Cle!'i-: was asked to check this organization out and re;>:rt back at the nex: meetlng. 4. Le::~!' from Rev. Anderson. Church of the Nazarene, asking t:"~ :1ty Council to _S-ve thè improvement bond. The :1ty Attom.,y _14 the Clty has previously cooperated wl:~ the C~urches. re~ on their word, and tl) date, we·'..e had" no d1~rlcuJ.tles. The :'irector or Pub11c Works sald the bond ls for about $7~">J, and he adY1aed that thls amount could be reduced to, say, $1000, lIb1ch probably would cover any rejected werle. -1- Rev. Anderson sald it has been their intent, all along, 1:0 put in the stree~ improvements now. However, there t-.ave been mal'l7 th1nga coming up which were not ant1c1- rated. They have funds in the bank which are earmarked for street Improve8eJ1ta. Vlce~JOr S~kea ..ked If the City could be named on the _ bond tbat the Church requires from the contrac- tor. ReY. AnderllOD aa1d he would investigate this po881b1Ut7 . Tbe !I1rector ot fIIb11c Vorlm recOtlllllended a reduction 01" tbe bond to $J'!XiO.. or a cœb1natlon ot th1a _a.ount. together With tile ~-t1on bond proposed by Vlce- IIQor Stolr... C--u.an Pitzgera!d sald he had no ob- Jection to th1a ¡aeopollal. Counc1lmn Pincb ..Ired Reverend Anderson if a postponement on this 1IOuld be . bardsh1p; such postponement giving him t1ft to check on whetller this cOlDb1natlon bond would be feasl~le. Reverend Anderson sald tlme ls of the es- sence, and he would appreciate a decls10n at this time. The City Atto1'lle7 said the Churches in Cupertlno have always followed through with their promlses. Vice-MaJOr Stokes said that perhaps it would be in order to lssue a temporary valver until the Director of Publlc Works can work tr..1s out. Mc";ed by Councllman Pinch, seconded by Councllman Fi!zgerald, to valve the bond when the ~oplicant pro- d¡;.~es evidence 1"or the Dlrector of Pub)lc Works that th~ Clty ls to be named on the bond whlch the Church re~ulres 1"rom the contractor. Motlon carried, 4-') 4. Letter from Plumèlr.g, Heating and Air Conditlor:ing Council rebardlng unl1"orc nomenclature for standard zoning Sy:llbols. 5. Notice from Governor Brown re the November 18th and 19~h Trafflc and Satety Councll Meetlng in Sacramer.to. 6. Market order 1"or dried prunes. 7. Nctice 01" San Jose Water Works Hearing before the P.U.C. re fluorldatlon. 8. Notice of LearUe of Call1"ornia Clties meet1r.¡;;. 9. Letter 1"rom Melvin Peterson regarding Cupertlno ....ater Program, as It affects the foothills. Mcved by Councll~ Pinch, seconded by Counclll11õ.r. P1tzgerald, that Mr. Peterson's letter be forwarded to the Water CollllÛ.aslon. Motlon carrled, 4-0 10. Letter from Mr. J. A. Johnson, Baywood Terrace Home- owners' Association. 11. Letter 1"rom Clty of Ca1"lllel re underground ut1l1ties. 12. "People to People- program notification. -2- , - 13. Jette::' from Mr. Paul R. I1nIBton conc~rn1ng abandonment of a ;n~l1c util1t1es easement on h1øproptrty, The Clty Attorney auggested. th1s be referred. to the Cit;r Engineer. 1~. Notlce or November Trafflc Sarety Con1"erence. 15. Letter from Or1tt1D am ~ re street improvements tot" ncrthll"st corner at Sa1'atop-Sl.wa~..1e Road and JUr¡,1n Lane. '1'b18 w1l1 be dlscuased 'when It comes up on the agenda. . ~" ~~ IIoved 117 CoW,lCU_ P1Dcb. seconded 117 Councilman Noel. that the ~ttêü c~..'1catlo_ be rece1ved aDd rUed. Notion carried. 4-0 , -. mulL 1. Mr. Cha!'les lt1d80n. 10460 Parralone Drive. Cupertlno, sald he has _de at 1east a dozen trips to the adldlng Department. t171n8 to set h1a building pel'lÛt tor h1s patio. He Uves on a comer lot. and he and the Build- ing !>epartment do not agree as to what constltutes h1s rear y-L--d. He quoted portlons of Ordinance No. 220 and Count, OrdInance NS 1200. and asked for an interpretatIon. The :'~:'ector or l"..bUc Works has asked for the opportunity to ~'''~5tigate this. It _II granted. V A. RE?C.'i: O? PLANNING CCIOaSSION (See K1nutes of Oct. 25th) 1. VALLEY :ITLE C(J(PAHY (Page Properties) Application 8-u-:; ~or a Use Peraa1t for a 50-acre one-1"amily Cluster Deve::;<:!~nt wlth1n a PC-H zone, east of Mary Avenue, nort:-. :! Stevena Creek Blvd. Approved by Plannlng Com- m1ss~~~ Resolutlon No. 301. Appeal re conditions. (To t~ :ont1nued.) This ~ ~em was postponed until Noveml>er 15. 1965. B. !tEPeE'.: ~p TIlE ARCHITEC'roRAL AND SITE APPROVAL COMMITTEE (See ~~~~tes of October 26th) 1. Vlce-:~lrman Guy Pitch recommended that the Minutes of Octct~!' 26th stand as written. The So.ember 1st 1etter from Gr1ffin and Murray was then Intr-=;:'~:ed by the Clty Clerk. They asked tor permisslon to peSt a bond ror street Improvements, and slnce -he proper:y dlrectly across the street has Just been re- zone~, they would preter to put In the street improve- ments at the same time as the people across the street. The Dl:-ec1;or 01" PUbllc Works said thls would be permis- sable, b~t felt it would be In order to have a clause stat1r:.¡; that no occupancy would be penaitted untl1 the stre~t improvements have gone to bid. - " Mr. John Champlin, 343 Bean Avenue, Los Gates, said tt-.at time !s 01" the 'essence here, and a decislon this even- ing 15 I"!quested. . . -3- Xoc.ed by CouncU<18n Finch, st~onòe<l by Councl1m:ln ?l::zgerald, that the applicant tit! permitted to obtain a :-..uld1ng pe1'll1t, but no cccupancy permit will be gi.en untl1 street improvecents are completed or at leas': under bond to constNct. AY3S: NUS: A3SBIIT: ~U1'_. Pinch, Fitzgerald, Noel, Stokes None IIa70r Dempster Motion carried, 4-0 2. Councllan P1tsprald asked V1ce-Cha1~ lP1tch whether the case C8IIÐ up at the H-Control meeting about the old btlld1ng alcmg side the N1 te !tap. V1ce....-...i.-n Pitch Hid the cnmera were present and were wll1ln.; to cooper- ate 1n 8rO' ~ they could. S1nce the buJ.1ding wl11 P='Obab17 be ~.,ed with1n 2 years, they dld not care to spend an exce8s1ve amount on It, but thq agreed to paint up and tix up. Mo~ed ~ Councllman Pinch, seconded by Councllman Pitzgerald, that t.~ Arch1tectural and Site Control Minutes 01" October 26th be approved. AYES: NAYS: ABSEN:" : 7: PUBLI: ~RINGS Counc. Pinch, P1tzgerald, Noel, Stokes None Mayor Dempl!lter Motion car!'led, 4-0 A. ,;t:a:ing a Certain Portion ~¡' a City St:-eet Known as Ve~:~ra Avenue, Resolution So. 119l :~e ~lce-Mayor as~ed if tr.ere were any comments from ~~e a~dience. T~ere were ncne. O(=...~ by Counclloan Finch, se:OI'ded by Councilman F:::;erald, that the Publ1: ~earlngs be closed. A-·-=<:· --. s..:..~.~ : ;,.;,.s :::yr : Counc. Finch, Fitz~erald, Noel, Stokes None Mayor Dempster Motion carried, 4-0 ~=...~d by Councllman Flnch, secondeà by Cc~~cilman Noel, :: ajopt Resolutlon No. ll9:. Counc. ?inch, Fltzgerald, Noel, Stokes None Mayor Dempster Motlon csrried, 4-0 B. Vacating a Certa1n Portion of a City Street Known as Re;;:-.art Road. Resolution No. 1176. Al=.$: R:"YS: A3S:::NT : M:. Melvin- Peterson, Elmsford Drive, San Jose, asked 'tte City Attomq to be more specific on th1.s. T~e City Attorney said Regnart Road was a meanderlng road an: a subdivision 18 being developed in th1s area no.., ~ the road 1s belng stralg~.tened. -~- ....-.~. .- Moveð by CoW'lc. Finch, seconded b7 Counc. Pltzgerald, to close the Public Hearing. Counc. Plnch, P1tZgeNlc!, ~1. Stoll" None Ma~r J),:$,....t.r ItIt10D carr1ed,' '-0 ItIftd '" Counc. f!Deh, MIl -1e8 1I.r ~. Jot1, ~ ..~ ReMlIIt1oD.. írI6. u.: COUDc. ftDcb. ftaprald, ad. hoII- ·aD. ... .....~~I ~..C D _ tG' AYES: HAYS: ABSBIf1': ItIt1GD CU'I'1eð, '-0 VII wd>J -JÇR DD JIISOLU'I'JCIIS ... ADOPl'Iœ A. ........~ 11). 323: JInoft1JIS PI'opertJ' or Joaeph ~nt ~ R-3-1i to C-l-B; 1 lot, 20532 nrw1n Lane. P1rst r -~... S1DCe th1a .. .. atanc!arc! Ordinance, the Clty Attomey aid it would be 1n orc!er to reatl on17 the title, wh1ch the Cit)' Clerk then dld. This c,>natltuted the P1rst Ree41n3. VIII PAYIJIG mIJ.S A. Reaolut1on No. 1189 and 1190 Resolution No. 1189 was read b7 Treasurer Pitzgerald. Moved by Counc1lman Pinch, seconded by Councilman Noel, to adopt Resolutio~ No. 1189. AYES: HAYS: ABSENT: Counc. Pinch, P1tzgerald, Nc~l, Stokes None Mayor Dempster Motion carried, 11-0 Resolu~lon No. 1190 was read by Treasurer P1tzgerald. Move:: b7 Councl1man Pinch, seconded by Councilman N:>el, to adopt Resolution No. 1190. AYES: NAYS: ABSmrl': Counc. Pinch, PIU;gerald, Noel, Stokes None MayQr Dempster Motlon carrled, 11-0 IX REPORT OF OPFICERS A. REPOR'!' OF C1'l'f TREASIJRER He had nothing further to report. -5- B. RRPŒIT 01' crrt MANAGER In the abaence ot vacationir-:; City Manager, the Dlrector lor Publ1c Worka brought up the letter from Mr. Paul R. K1ngston, whereby he petitioned the C1ty to abandon the public utilitiea easement. Slnce this 18 such a small plece or propert7, Mr. K1ngston haa asleed that the $75 tee be .s.ftd. It .. .....,..,. OQt that the tact tbat tbe piece ot proP.&"L6 be1as _11 1n DO ~ l..seaed the work 1n- wlftll to ....1Iðon this eaae.ent. 11:)"" _ Coanc1lan 1P1nch, secoaded 117 Counc1'-D lIoe1, tJat tile tI5 t.. DOt be wa1'fl1d, but 1:Jat the CoImcil pawlt tile pabUc utilitiea ease.ent to be abandoned. A1BS: aD: AJ!S1IIIf: -0:. r. JI'1nch, P1tzgera1d, JIoe1. Stokes .... IIQiœ' »-peter lIot1on carried, "-0 c. IW'œf 0. DDâ.--roft 01' fUBLIC VORItS Rete:T1nC to his wr1 t ten report, the Director aald: Ia. The Jtecnart Creek and Regnart Clùvert project Is IIOv1nc r1&ht along. 6. In repl'd to the Gallery, the Dlrector suggested that.. att_pt to ,;,et a couple !!lOre blds. Hood Corporatlon, for instance, could be contacted sln: e ~he7 are now work in;;; on the Regnart project and a1read)' have the equlpment and men in the area. He tee1a it 1~ importar.t to get the work done this :rear. if posslble. :'ouncl1_n Pinch felt ~he City should approach these people to see if we Lan get a reasonable quote from ':~. The tit)' Attorney said we are required by law to go to bld on a contract. Councll8an Pinch said that, In view of the 1"act that this project ''!is put out to bid and we received none, !'Ie dld DOt teel it wculj be wrong to ask for quotes. The Cit)' Attorney will investigate thls further. 8. Water Report. This is currently belng Investigated. 10. Spec1a1 Report on Graj1ng on Baywood Terrace, Unlt No.5. There ls no work proceedlng at th1s time. 9. Corpomt10n Yard, The luncheon has been postponed untll all can be present. 7. Vlce-llayor Stokes asked if the date 01" November 10 is correct tor tl.€ epenlng of the blds. He recol- lected that n1s "".,lon :'''S to have the opening of the blds on the 15th, the same day the ccntract will be a_rded. The C1ty Attorney sald the five days are needed to check on the rlr_~ncial responslbi1ity ot the contractor. -6- Moved by Councllma:l ~h, seconded by Councilman Fitzgerald, that t~.e :1j open1ng be held on NovC1:ber 10t~ and ~he contnct be awarded on the 15th, for const:-J.ct1on of the new city hall. JIot1.on carried, L.-o The Director ot Plllt11.c Works c.a~led attent1.on to the publ1catloa wh1.cb he bad II1;ap1ed 1;0 the back ot b1.a report, cOlICem1Dg CoY1Da '8 Underground Ut1.11t1.es ()rd1nance. Be" d1rected to 8end cop1e8 to the Planning <:o-1-.1oD. D. REPORT OP CITY ~.. ---- 1. '!BACT 11), "058. u.cøo YlY'I'lVllA, east 81de ot JIbotb111 BLvd.. be1;ween Voss Avenue and Stevens creek Blvd. Upon reco.-endat1oD at C1.ty Engineer, It 1I&S IIIOved by Counc1lman Noel, seconded by Counc1lmán pitzgera1d, to adopt Resolution Øc). 1185 acceptiruJ; ·Quitcla~ Deed and Author1.zat1.on- t'roIII Ðtce!1 & Sen. AYES: NAYS: ABSEN1': Counc. ~~h, Fitzgerald, Noel, Stokes None Mayor ~":er Motion carried, ~-o 2. SIMLA LANDS, so...th slde of Hocestead Roa::, 500 ft. south of Gran~ Ave~~e. Upor. !'ecommendaticn c~ Cl10y EnGineer, it was ::I07e:l by Co~,.::ilman Fitzgeral::, seconded by Councl1man ~=h, to adopt Resolution ~. ll88 authorizing exee...":1c~ of the C=~n Use A~~nt. AYES: NAYS: ABS;;:N:' : ~oun~. ~~h, Fl":zgerald, Noel, S":C~es None Mayor ~"er Mc":~on earrled, :-0 3. PACIFIC TELZP":I:)!Œ & TELEGRAPH, south s1de c! McClellan Roa~, :5C ft. west of Saratoga-3~J.¡vale Read. Upon reeommendatlcn c~ the City Engineer, i-; "as .ooved by Councllman F1r.ch, seconded by Councilman ?1tz~erald, to adopt Resolut1on So. 1186, approvi~ final ~lana. AYES: NAYS: ABSEN1': Counc. ~-nch, Fitzgerald, Noel, S1;okes None Mayor Deapster 1Io":10n carried, 4-0 Upon recol'IBDendatlon of the City En;;ineer, It _IS IDVved by Councilman P1Dch, seconded by Counc1lman fitzgerald, to ad?pt Resolutlon lfo. 1187, authorlz1ng exec~tlon of Agree::¡ent. AYES: NAYS: ABSENT: CounC. P1.nch, Fitzgerald, Noel, Stokes None Mayor Deapeter Rotton carried, ~-O -1- B. REPORT OF CITY A'¡·¡~.u;I The City Attom~ reported that he had been in conference w1th the Director o~ ?lann1ng and the Principals or appl1catlon 8-u-65 (Pa¡;e Pro(:ert1es), regarding the proposed Co12ege Park. P. REPORT OP :sun..m:JIJ DlSbi.-OOR There was no report. o. REPORT OF TBB JIiII'''ItAUOB DIRJI:'l'OR The Director gave a breakdown or the act1.rtties or the Recreat10n Depart"..-..t;. and told or future p1anB. whlch include act1rtt~.es ~or the mental17 retarded. H. REPORT OF TUB PLAJDIIm DIRECTOR 1. The D1r'ctor asked that the C1t7 Council set a date ror Public Hearing of Ordinance 220 (r). Moved by Counc11:an F1nct:. seconded 117 Cot,;I1cllman FltzGerald to set the Publlc Hearing fo~ Ordlnance No. 220 cd fo'r tt.e ne;tt regular meetin:;, November 15. Counc. r~ch. Pltzserald. Neel. 3~ckes No!:.t! Ma;¡or :>e=;;ster k'::~:;:: :aITle,j, 4-0 2. The Plannlng C-~sslon has recelved a ~e:erral rrom the County P1~.r.:.r.; Cemmisslon in re¡;a~ ::: the so~thwest co~er ::~ McClellan and Stelll~:. The Planning Co~!ss!o:: a1vised strongly agal::s: the applicatlon ~~ as~e1 the Dlrector o~ ?lar:.l~_: to notit:y the Cc~:e;e c~ th1s spplicatlon, w~l::~ he has done. 'n".e ~ector was asked to rev..r: o:;~ outcome or t~~s ?C the City Council. A r:.S: NAYS: ABSEm': X UNFINISHED BUSINESS 1. Moved by Cow1cl1!:a:: :?~n::~, seconded by Cc=:: l:C'.an Noel, to direct the sta~~ to ::otiry the Architect~ral and Site Control applic&::ts to be present at 10;:: Vista Drive, at 7 P.M., Mcnëay. November 15th, to =e~t with the City Councl1. Mctlon caITied, 4-0 2. Moved by Councllean Jioel, seconded by Councl:r:;.an Pinch, to have the staf1" ~te a letter of commendation to the Chamber or Commerce on their expert handl1ng c;: Cupertino's rlrst ;:arade, on October 30th. Mot1on carrled, 4-0 -8- XI NEW BUSINESS A. Award of Time Deposit: $172,829.81. The Clty Cleric said the followlng blds were recelved: ~ 3 months 6 months Wells-Fargo 4:' 11.15:' Crocker-C1t1zeDB 3-7~ 4.1~ F1ratV&1187 4-1/8J' 4.2~ Bank ot Alleñca 4:' 4.1~ The C11;J' C1ak IIDd Director of Publ1c WorkS recoDDended the '1'1me DepoaU be awarded tor 3 tether than 6 months. Moved 117 COuncu-n F1tzgera1d. secooded 117 Councilman Noel. to a1l&1"d ~he T1_ Depos1t ot $172.829.81 fc,r a period ot tbNe months to Pirat V&1l87 Bank at 4-1/8'.' interest. AYES: NAYS: ABSENT: COunc. F1nch, Pitzgerald. Noel. Stokes None Ma70r Dempster Motlon carried, 4-0 B. The Clty Atton1eY sald he is presentlY negotlat1ng with the Paganlnl a~torney regarding the park site. C. Mr. Walter i"ar:! said the $430,000 w-:.r';h of so;;reet Improvements ::;n Homestead Road, fro:: Lawrence Expressway to Stevens Pr,=~_y are now under way. XII ADJOURNMENT It was unanir:lOus17 agreed to adjourn th~ ~etin<; at 9:10 P.M. APPROVED: Is/ Ga:-y Stok~s '¡~c:e-Ma:r')::- ATTEST: ~I.\>..>-'L.""" ,! City Clerk ------ l4,t--. -9-