CC 12-06-65�Q�GGG•
I�I�I°I�a COMMISSION
10321 South Saratoga -Sunnyvale Road DL.6 196.5
,Cupertino, California, 95014- phone: 252-1;505
C I T Y O F C U P E R`T I N 0
California
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL - Dec. 6, 1965
PLACE: 'Board Room, Cupertino School District Office
10300 Vista Drive, Cupertino,.California
TIME: 8:00: P,M..
I SALUTE TO THE FLAG
iI ROLL CALL
Councilmen present: Finch, Fitzgerald, Noel, Stokes
Councilmen absent: Mayor Dempster
Staff present: City Attorney, Sam Anderson
Dir. of Public ?.%Jorks, Frank Finney
City Clerk, Larry Martin
Dir. of Planning, Adde Laurin
City Engineer, Bob Shook
Recreation Director, John Parham
Chief Building Insp., Bill Benevich
Assistant Planner, Jim Nuzum
Recording Secretary, Lois Inboards
Vice -Mayor Stokes presided over the meeting.
III MINUTES OF THE PREVIOUS MEETINGS - Nov, 15, 23, 29, 1965
Moved by Councilman'Finch, seconded by Councilman
Fitzgerald, to approve the IMinutes of November 15th.
Motion carried, 3-0
(Vice -Mayor Stokes abstained)
Moved by Councilman Fitzgerald, seconded by Councilman
Finch, to approve the Minutes of November 23rd.
Motion carried, 2-0
(Counc. Noel & Stokes abstained)
Moved by Councilman Fitzgerald, seconded by Councilman
Noel, to approve the Minutes of November 29th.
Motion carried, 11-0
VII ORDINANCES AND RESOLUTIONS FOR ADOPTION
B.-ORDINANCE 220-H: Adopting Regulations for Residential
Single-Fam'ily:Zones (R-1 and R-1C). Residential
Duplex Zones (R-2), and Residential Multiple Zones
TR-3) and'for Residential Use in Agriculture Zones
-11); and Declaring the Urgency Thereof.
The Director of Planning requested this item be discussed
next because he felt he should be here to answer gi..-,estions,
but he also had other urgen business at his office.
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IV
The Director explained that there are amendments, and
amendments to amendments of the present Ordinances. In
addition, one Ordinance expires December 21, 1965. He added
that Ordinance 220F is scheduled for a Second Reading on
the agenda for this evening and he also included this in
Ordinance 220H. Height limitations have also been included.
He felt these _Factors should be explored, and 220H needs
some editing, even though time is of the essence.
The City Attorney advised that the time element gets awfully
tight, and since the Director of Planning feels some edit-
ing is needed, this could be handled in the usual manner.
Moved by Councilman Finch, seconded by Councilman Fitzgerald
to send Ordinance 220-H to the Planning Commission for
review and returned to the Council for action.
AYES: Counc, Finch, Fitzgerald, Noel., Stokes
NAYS: None
ABSENT: Mayor Dempster
Motion carr ed, ):! -0
ORAL AND WRITTEN COMMUNICATIONS
WRITTEN
1. Letter from Chamber of Commerce, requesting the City
Council set the week of December 8-1)! as "Chamber of
Commerce Week."
So moved by Councilman Finch, seconded b;T Councilman Noel.
Motion carried, 4-0
2. Notice from League of California Cities re preemption
of initiative petition, dated November 23rd.
3. Leger from Mr. Bonacich relative to the 50% profit
from the orchard this year on the site of the new City
Halls profits for the City are $,'74- 36.
11. League of California Cities General Assembly Resolutions
passed on October 13th.
5. Bylaws of Peninsula Division of League of California
Cities.
6. Theisner letter. This will be brought up under the
Director of Public Works' Report.
Moved by Councilman Noel, seconded by Councilman Fitzgerald,
to accept the written communications.
Motion carried, 4-0
ORAL:
A. Rudolph Scholz, Attorney at Latin?.: Re -Hater Bill.
Mr. Rudolph Scholz, 702 Tennison Avenue, Palo Alto, said
that the property in question was'a foreclosure on 2/17/65.
The water bill was run up by the development company, and
it was strictly an error on his part to have paid it.
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Mr. Scholz said the point simply is that •he. is not obli-
gaved to pay the bill.s of the former' owner. This bill was
paid in error out of Mr. Scholz's pocket. He said that
"Successor in Interest" refers to fu..tu:re bills, not past
bills. This water bill was incurred before Dec. 1, 196)"
The City Attorney disagreed with.Attorney Scholz. He
said our Ordinance says water shall not be turned back on
until the delinquent bill is'paid and 'a deposit of $5 is
made. However, the City Council has the power to make
exceptions, if they so..desire.
Vice. -Mayor Stokes said when this rnatter *was discussed pre-
viously. it was established the water- bill was a liability
on the properly - h'G is not the takpay�ers'' responsibility
to pay the delinquent water bill.
The City Attorney said we are dealing with the bond holders'
money here and the City Council should consider whether or
not said money can be used in this way.
Moved by Councilman Finch, seconded bIT Councilman Noel,
that the request by Mr. Rudolph'Scholz be denied.
.AYES: Counc Finch; Noel, Stokes
NAYS: Counc.. Fitzgerald
ABSENT: Mayor Dempster
Motion carried, 3-1
V A. -REPORT OF PLANNING COMMISSION - (See Minutes of 11/22/65)
Chairman Johnson recapped the Vallco Park application Hear-
ing at the Planning'Commission level. :He offered to answer
any questions.
1. VALLCO PARK: Application 18-U-65 for a Use Permit;
semi -temporary building, PC-H Zone; southeast corner
of Wolfe Road and Pruneridge Avenue. Approved by
Planning Commission, Resolution No. 311. Conditions.
Mr. Walter Ward, General Manager of Vallco Park, said this
will be ..an .administrAtion building for -Vallco. The sur-
rounding area is orchard now. One reason for locating the
building here is that they have utiliti6�s here and intend
to put them underground. It will also give exposure to
the publie.- They plan to improve the intersection of
Pruneridge and Wolfe.
Vice -Mayor Stokes,.asked for comments from the audience.
There were none.
The Assistant Planner said the do*nd bitrn attached'. by the
Planning Commission is that the Use Permit will expire
when the building is moved.
Moved by Councilman Finch, seconded by Councilman Noel,
that.application 18-U-65'be approved asper Planning
Commission Resolution No. 311.
AYES: Counc. Finch, Fitzgerald, Noel, Stokes
NAYS: None
ABSENT: Mayor Dempster
Motion carried, 4-0
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B. REPORT OF THE ARCHITECTURAL AND SITE APPROVAL
COMMITTEE (See Minutes of November 23, 1965)
The Chief Building Inspector explained that the Architec-
tural and Site Approval Committee has lost its Chairman
to the Planning Commission, and have-not had time to elect
a new one.
He presented Vallco's plans for their administration build-
ing, under application 208-HC-65, and explained the
Committee's decision.
low
Moved by Councilman Noel, seconded by'Councilman Fitzgerald,
to approve the Minutes of the November 23rd meeting of
the Architectural and Site -Approval Committee.
AYES: Councilmen Finch, Fitzgerald, Noel, Stokes
NAYS: None
ABSENT: Mayor Dempster
Motion carried, 4-0
VI PUBLIC HEARINGS
A. ANNEXATION: Approving the Annexation of Certain Con-
tiguous Uninhabited Territory Designated "Merriman
65-3" to the City of Cupertino (Ordinance No. 322).
The Vice -Mayor asked if there were any written or oral
protests. There were none.
Moved by Councilman Finch, seconded by Councilman Noel,
that the Public Hearings be closed.
AYES: Councilmen°Finch,
NAYS: None
ABSENT: Mayor Dempster
Fitzgerald, Noel, Stokes
Motion carried, )!-0
Moved by Councilman Finch, seconded by Councilman Fitzgerald,
that Ordinance 322 be read by title only.
AYES: Counc. Finch, Fitzgerald, Noel, Stokes
NAYS: None
ABSENT: Mayor Dempster
Motion carried, 11-0
The City Clerk read the title of Ordinance 322.
Vice -Mayor Stokes said t1ii•s constituted the.First Reading.
VII A. ORDINANCE 220F:, Amending Ordinances 002 and 220,
Introducing Zones for Public Buildings,' Quasi Public
Buildings, and Transportation. Second'Reading.
-Moved by Councilman Finch,'seconded by Councilman Noel,
to have Ordinance 220F read by title only.
AYES: Counc. Finch, Fitzgerald, Noel, Stokes
NAYS: None
ABSENT: Mayor Dempster
Motion carried, 11-0
The title of Ordinance 220F was read by the City Clem;.
Moved by Councilman Finch, sec.onded.by Councilman Fitzgerald,
to enact Ordinance 2201V.
AYES: Counc. Finch, Fitzgerald, Noel, Spokes
NAYS,:- None
ABSENT:, Mayor Dempster
Motion carried, !1-0
B. ORDINANCE 220-H: Adopting Regulations for Residential
Single -Family Zones (R-i) and (R71C). Residential
Duplex Zones (R=2), and Residential Multiple Zones
RR-3) and for'Residential Use in Agriculture Zones
-11) and Declaring the Urgency Thereof..
This item was covered at the ,beginning; of the meeting.
VIII PAYING BILLS
A. Resolution, 'No ' ' 1199 arid' No. .1200.
Resolution No.`1199 uaist'read by Treasurer Fitzgerald.
Moved by Counci�lnn Nde'l seconded by Councilman Finch,
to adopt>Resolut,ibn No. 1199.
AYES: Counc. Finch, Fitzgerald, Noel, Stokes
NAYS.:. None
ABSENT: Mayor Dempster
Motion carried, L!-0
Resolution No. 1200 was read by Treasurer Fitzgerald.
'Moved'by Counc; Finch; seconded by.Counc. Noel, to adopt
Resolution No. 1,200.
AYES: Counc. Finch, Fitzgerald, Noel, Stokes
NAYS: None
.:,A.BSENT : Mayor D e mps 1; e'r
r' ! MO tidri .carried,: ?! -0
IX 'REPORT OF OFFICERS
A. REPORT OF CITY TREASURER
He had nothing further to report.
B. REPORT OF CITY MANAGER
The Director of Public Works gave the City Manager's
Report.
1. Sycamore *trees along, public way in 14estacres
Subdivision.
Mr. Long has recommended these trees be removed and re-
placed with a more suitable species. The necessary
spraying would be very expensive, in addition to the fact
that as the: trees become larger the roots will break up
the 'sidevialks .
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The Director
commercially
trees.
advised that we would have to have them
removed, but -the City could plant the new
The City has received a petition from the Westacres
Subdivision, signed by 60-70 people; ,requesting spraying
of the sycamores.
Moved by Councilman Finch, seconded by Councilman Noel,
to recommend that the staff write the Homeowners'
Association that the situation will:'be discussed at the
next regular City Council meeting., and that it be
placed under "Written Communications". on the agenda.
Motion carried, 4-0
2. Rotary Club survey on the need for a hospital in
this area.
The Rotary Club feels that if the City of Cupertino has
a vital interest in the ,location of such hospital
facilities, then the time has come for them to take
an active part in the current survey.
Moved by Councilman Finch,: seconded by Councilman Noel,
that the matter be.postponed and that the Mayor select
a representative.
AYES: Counc. Finch, Fitzgerald, Noel-,, Stokes
NAYS: None
ABSENT: Mayor Dempster
Motion carried, 4-0
3.. The City Manager.has indicated he would like to
report on the progress of,park acquisition at the
adjourned meeting on Thursday, Dec, 9th.
4. The City has received a request from a developer for
financial relief of the installation of a 16" trans-
mission line; 2000' of pipe line is involved, The
City Water Department's share of the cost above an
8" line calculated by our Engineering Department
would be approximately*$12,000. The -City recommends
a reimbursement agreement for the overage only.
Moved by Councilman Finch, seconded by Councilman
Noel:, to authorize the Mayor and City Clerk to
institute an "Overage Agreement."
AYES: Counc. Finch, Fitzgerald, Noel, Stokes
NAYS: None'
ABSENT: Mayor Dempster
Motion •carried, 1?!-0
5. The City has received a request from a property owner
in Oak Dell subdivision for permission to landscape
the walkway easement until such time as it will be
needed by the School and/or the City. The School
District has stipulated a condition that the use be
on an irrevocable permit whereby any improvements
that are on the Property (landscaping only, no
buildings) must be removed within 30 days after
notice.
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C.
Moved by Councilman Finch, seconded by Councilman
Noel, that the Use Permit be granted as requested
by the School District.
Motion carried, 4-0
6. Civic Center Contract.
Moved by Councilman Fitzgerald, seconded by Council-
man Noel, to approve the labor and material bond,
and thereupon the City Clerk is to execute it.
Amendment by Councilman Fitzgerald, seconded by
Councilman Noel, that the City. Manager is to sign
the "Faithful Performance" bond.
Vote on Amendment:
AYES: Councilmen Finch, Fitzgerald, Noel, Stokes
NAYS: None
ABSENT: Mayor Dempster
Motion carried, 4-0
Vote on the motion:
AYES: Councilmen Finch, Fitzgerald, Noel, Stokes
NAYS: None
ABSENT: Mayor Dempster
Motion carried, 1r-0
REPORT OF DIRECTOR OF PUBLIC WORKS
Referring to Item 7 of his report of December 3rd, the
Director said the City has received no further grading
plan from .the subdivider. Recent rains have stopped
work on this project. He then introduced the Theisner
letter, a copy of which was sent to the Councilmen.
Representatives in the field say there was a very
superficial silt coming onto the property, along with
the water. Mr..Crump has agreed to install a valley
gutter. He hasn't been able to put this into effect,
due to the rains.
Mrs. Dorothy Theisner, 11256 Redondo Court, asked what
assurance the property owners have that the valley
gutter will be installed and the erosion problems
solved. She said yet another problem has arisen: Dogs
are jumping from the hill, over their back fence, into
their back yard.
The Director said Mr. Crump has aEreed to:
1 The valley gutter.
2 Pulling in the toe of the slope 18".
3 Regrading of 'lots down slightly.
The Grading Ordinance is being reviewed by the staff
and should come up for approval shortly after the first
of the year.
In regard to the De Anza Improvement Project and Stevens
Creek Blvd. Improvement Project (Highway 9 westerly),
the possibility of qualifying for Federal funds is
being explored.
arm
D.
REPORT OF CITY ENGINEER
1. Tract No. 3628, Oakdell Ranch, Unit No. 2; east
side of Stevens Creep at Phar Lap Drive.
Upon the recommendation of the City Engineer, it was
moved by Councilman Finch, seconded by Councilman
Fitzgerald, to accept, by Minute Order, the improvements
constructed in conjunction with Tract No. 3628, Oakdell
Ranch, Unit No. 2.
AYES: Councilmen Finch, Fitzgerald, Noel, Stokes
NAYS: None
ABSENT: Mayor Dempster
Motion carried, 4-0
2. Tract No. 3806, Cupertino Center; Whitney Way,
200' south of Silverado (known as Twin Palms)
Upon the recommendation of the City Engineer, it was
moved, by Minute Order, to accept the improvements
constructed in conjunction with Tract No. 3806,
Cupertino Center. Motion made by Councilman Finch,
seconded by Councilman Fitzgerald.
AYES: Counc. Finch, Fitzgerald, Noel, Stokes
NAYS: None
ABSENT: Mayor Dempster
Motion carried, 4--0
E. REPORT OF CITY ATTORNEY
1. The City Attorney introduced the Certificate of
Insurance on workers on the City Hall. He said he
has reviewed the papers and found them in order.
2. The City Attorney was in receipt of a notice from
the Municipal Court requesting that we define
"parkways" and review the penalty clause in
Ordinance No. 277.
F. REPORT OF BUILDING INSPECTOR
He had nothing further to report.
G. REPORT OF RECREATION DIRECTOR
1. The Director has just completed a study of attendance
and participation in the Recreation Program:
Phase 1 - Analysis of participation in the seven
neighborhood programs of elementary
school age.
Phase 2 - Qualitative participation.
Rase 3 - Conclusions; socio-economics situations in
the neighborhoods
2. Following is the December program:
Dec. 8 - Sr. Citizens' ChrisUmas Party
Dec. 10 - Basketball
Dec. 11 - 100 Jr. Hi. students going to Century 21.
Dec. 18 - Basketball -tournament
Dec. 22 -.Caroling
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3. The Recreation Department
hours for the Christmas
vacation are as follows:
Week
of
Dec. 20th-----------
10 A.M. to 4 P.M.
Week
of
Dec. 27th------------10 A.M. to P P.M.
Dec.
211
& Y;ec. 31-----------
1/2 day
Dec.
25
& Jan. 1------------
Closed
Councilman Finch suggested that the Parks Commission be
advised that four park sites have been acquired, but
that there might be litigation on the fifth. Perhaps
the Council should get together soon with the Commission
to discuss priorities, etc.
H. REPORT OF THE DIRECTOR OF PLANNING
The Assistant Planner said that we should have a full
report on Thursday at the special meeting.
X UNFINISHED BUSINESS
A. Foothills Unit 2, by Excell and Sons, has been completed
about a year now, with some things that have not been
taken care of. The Director of Public T forks has con-
tacted the contractor. The question is whether we
should have a policy whereby the City forces are author-
ized to go in and clean up situations like this and
charge it against the bond.
The Council felt these things should be settled on an
individual basis.
Moved by Councilman Fitzgerald, seconded by Councilman
Noel, to have the staff write a letter to the bonding
company to clear this matter up.
Motion carried, 4-0
XI NEW BUSINESS
A. Vallco Park: Refund of $21,361.11. (Balance of
$119,239.23 paid toward Wolfe Road.)
The City Clerk said the Agreement was that the City
would pay $56,000 of gas tax money for this purpose.
Moved by Counc. Finch, seconded by Counc. Fitzgerald,
to refund $21,361.11 to Vallco Park.
AYES: Counc. Finch, Fitzgerald, Noel, Stokes
NAYS: None
ABSENT: Mayor Dempster
Motion carried, 11-0
XII ADJOURNMENT
Moved by Counc. Finch, seconded by Counc. Fitzgerald, to
adjourn the meeting at 9:30 P.M. to Thursday, Dec. 9th.
APPROVED:
/s/ Gary Stokes
Vice -Mayor
ZEST:
ity Clerk
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10~1 SoUth Saratoga-Sunnyvale Road,
Cupertino. Cal1foi'n1a. 9501~
-phone: 252-1:505
C I 't Y 0 P CUP,E R TIN 0
Call1"o~a
IIDIU'J'mS or SIIBIIQIiAR ",¥"ruIO OP TIÌB,êrrr éoUHcIL:'l)ec. 6. 1965
- '.', .. . .'
, PLACJti ,~ lIo9iì.cù)iè'rttn.; Sc~l D1litrlct òfflc'e
Tnm;' ~~p~~~~'" CUpert1no. CaU1"oJ'n1,a
i.l.: íH
I 8ÀL1J'Œ 'l'O "l1li_ J'I¡AO
II ROLL CAll.
Councl1l18D Ø1'e8ent: P1nclT, fitzgerald, Noel, Stokelo
Counel1men absentk 'Mayor Dempster
Star1" p~sent:
City Atto~ey, Sam Anderson
Dir. of Public Worl(s, Frank Finney
City Clerk, Larry Martin
Dlr. of Plannlng, Adde Laurin
City Englneer, Bob Shook
Recreation Director, John Parham
Ct·.e1" Bul1ding Insp., Bl1l Benevlcl;
Assistant Planner, Jim Nuzum
Recording Secretary, Lois Inwards
Vice-Mayor Stokes presided over the meeting.
In MINUTES OF THE PREVIOUS MEETINGS - Nov. 15, 23, 29, 1965
Moved by Councilman Finer., seconded by Councilman
Fitzgerald, to approve the Minutes of Nove;!1her l5th.
Motion carried, J-O
(Vice-Mayor Stol,es abstained)
Moved by Councllman Fitzgerald, seconded by Councilman
Pinch, to approve the Minutes of Nove~ber 23rd.
Motion ~arried, 2-0
(counc. NOel a: Stokes abstained)
Moved by Councilman Fitzgerald, seconded by Councilman
NOel, to approve the Minutes of November 29th.
Motion carried, /'-0
VII ORDINANCES AND RESOWTIONS FOR ADOPTION
B. ORDINANCE 220-H: Adepting Regulations for Residential
Slngle-P.am11y Zones (B-1 and R-lC). Residential
Duplex Zones (R-2), and Residential Maltiple Zones
(R-3) and tor Residential Use in Agriculture Zones
(A-ll); and Declaring the Urgency Thereof.
The Director c! Planning requested t:11s item be dlscussed
next because he telt he should be here to answer q"estlona,
but he also had other urgen business at hia oftice.
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The Director explalr,ed that there a!'e a!'\endments, and
arnendments to amendments of the present Ordi1'll..}~eS, In
additioô, one Ordinance explres December 21, 1965. He adde1
that Ordinance 220P is scheduled for a Second Reading on
the agenda tor this evening .and he also inclu1ed this in
Ordinance 220H. Height l1mltations have also been included.
He felt these factors should be explored, and 220H needs
Bome editing, even thoc'gh tlme i5 of the easence.
The City Attorney advised that the time element gets awfully
tlght, an! II1nce the m.rector or Planning fel:ls SOlie edit-
ing 18 needed, this could be handled in the usual manner.
Moved by CClunc11manP1nch, aécoDfed by eouncu_nP1tzgerald
to send ()rd1naDce 220-8 to the Plann1ng ColllD1ssion tor
rev1ew aDd returned to the Council for actlon.
Ans:
HAW:
ABSBII'l':
CoUDC. Pinch, Pitzgereld,
None
_or Dempster
Motion _carried, I!-O
Noel, Stokes
IV ORAL AND \fflI'l'TEN COIOIUNICATIONS
HRITTEN
I. Letter from Chamber of Commerce, requesting the City
Council eet the ..eel¡ of Decembcr 8-1' as "Chamber of
Commerce 'Y!eel.;:. It
So moved by Councilman Finch, 5e~0~ded by Coun~ilman Noel.
Motion carried, 11-0
3.
Notice fro0.1 Leac;~e of California Ci ties re pre"mption
of initiative petition, dated Novemb2r 23rd.
Let~er from Mr. Bonacich relaLive to the ,>0% profte
frG:;] the orc:,ar·j this year on the site of the new City
Hall; profits í'or the City are $;7!I,'.6.
League of California Cities General :.ssembly Resol1·tion<
passed on October l3th.
:;, Bylaws ot Peninsula Divislù.. r Lear:t:e of California
Cities.
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2.
C. Theisner le;;~er. This will t-e broughc up under "he
Director of Public \fork a · Report.
Moved by CouncilLnan Noel, seconded by Councilman P1tz/,,,rald
to accept the written communications.
Motion carried, Ij-O
ORAL:
,\. Rudolph Scholz, A1:torncy at La\': Re \!a~er Bill.
Mr. Rudolph Scholz, 702 Tennison Avenue, Palo Alto, sai-]
that the property in questio.. ..aa a foreclosure on 2/17 IC';.
The water bill >lEiS rt:n up by the develo¡)r.lent "ompany, and
it ..as s~rictly an error on hia part to have paid it.
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Itr. Scholz said tt:.epo1ll1i simply is that he 15 not obl1-
p"ed to P8J' the bills of th~' fo~r owner, Th1s b1ll ~ was
F.;ld in error out of Mr. Scholz's pocket.. He said tha~
SuC'Cessor 111 Interest"' r~rers to future b111s, not padt
'-bills. Tb1a W1iter bill was incurred ,bØfore Dec'- 1, 196J~.
. . .... ~
'l'be City Attorney dlsagreed wltn At·tc;~ei SchOlz. He
Hid .our Ordinance says water shall no\! be- turned bac\t on
untU-'the dellDquen~ b111 18 ¡ø1d and a ,deposit of $5 18
_de. 1IDIIevêí",. tbe~t7 Councll hell .tt}è. IX)1ler to make
exceptlona, 11' the)' 80 de81r,e. '
. ,Vi~ IL L T' aa1d ~ tll18: _1:ter -.d1scUlIISed pre-
''dOl.'8l7'1.1¡Ó.... Mta1Ø.1ebed.tbe ..tel"- b1J.1. ,,.s a llabll1t;r
. 0Ii tIIIt 111'01' .i.... ., ~1:' D 1IOt the t~' ·...ponalbll1t.;r
to JI8:J the del1DqueDt ..ter bill.
-'. :""! :.' - . '. ~ : -~", .
1'be C1t;r AttorDel' ..14 we are deal~ wltb :the bond hOlders'
"De:J h81'e IIId the C1t;r Counc1l, aboul4 cana1der whether or
not ..id .oDe)' can be used In this 1IQ'. .
No'ted b:J CouDcu.an P1nch, seconded by Councilman Noel,
that the requeat b:J Mr. Rudolph Scholz be dented.
AYBS: Counc. :rtnch, Noel, Stokes
HA1S: CoUDC. Puzgerald
ABSIIIft': IIQiIr ~pllter
Motion carried, 3-1
V A. REPOII'l' OP PLANNING C<J!MISSION - (See Minutes of 11/22/65)
Chairman .Johnson recapped the Vallco Park appl1cation Hear-
ing at the Planning Commission level. He offered to answer
any questions. .
I. VAILCO PÞ.RK: Appllcation 18-u-65 for a Use Penn1t;
semi-temporary building, PC-H Zone; southeast ':orner
of Wolfe Road snd Pruneridr;e Avenel". Approved by
Planning Co~ssion Resolution No. 31l. Conditions.
Mr. Walter "'ard, General Manager of Vallco Par]<, said thiS
",;.11 be an adlÛn1stration bnl1di{lg for Vallco. The sur-
rounding area i8 orchard now. One reason , for locatins the
building here is that they have utill ~ieB .here and intend
to put thelll underground. It will also gi',e exposure to
the publlc.· Th.ay plan to improve the im;ersection of
Pruneridge and Yolte.
Vice-Mayor St.olceB Bs',ed for comments from the audience.
There were none.
The Assistant Planner said ,the condition, attBched by the:
Planning Comm1ssion is that the Use Perml,t "111 ex' )ire
when the bu1ldlng Is moved. '
Moved by Councill118n Pinch, seconded by Councilman Noel,
tha~ app11cat'on 18-u-65 be approved as per Planning
Commi8sion Resolution No. 3ll.
AYES:
NAfS:
ABSENT:
Counc. Pinch, Pitzgerald,
None
Mayor Delllpater
Noel, ~tokes
Motion carried, ~-O
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RBPœT OF '1"BI ARCBITBC'MIAL AJID SITE APPROVAL
Cu....u:rTI!JIò (See IU.nutes 0: November 23, 1965)
The Ch1et 1Iu11c11ng Inape~tor explained thltt the Arch1tec-
tural and Slte Approval Committee has lost lta Chairman
to the Planning Coamlssion, and have not had t:ime to elect
8 new one.
B.
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Be presented Ja11co's plana tor their adm1n1stratlon bul1d-
·lng, under.appUca1:1on 2OB-Jl:-65. and explained the
eo-tttee's dec1a1on.
Moved _ CDancU8D lIoe1, SE1:CIIIde4- _ COUncilman P1tzgerald,
to aJ1(ll'Ove tbe II1DutØ or' the JIo-...ber 23rd _ting or
the Arcb1tectuN1 and Site Ap¡aoOva}¡ co-1ttee.
AYES: '
lfA'IS :
ABSBII'l':
Pltligera1d, Noel, StokeS
CouncllMn Pinch,
JIoIIe
IIIJIOI". DeQeter
Motion carried, / -o
VI PUBLIC IDWIIJIQS
A. ANJŒXATICII: Approving the Annexation 01" Certain Con-
tiguous ,Un1nhablted TerrltoI7 DeSignated "Merrlmn
65-3" to the City ot Cupertlno (Ordinance No. 322).
The Vice-Mayor asked'if there were any written or oral
p~test8. There were none.
Mo-/ed by Councilman Finch, seconded by Councilman Noel,
tha1; the Public Hearings be closed.
AYES:
NAyS,
ABSENT:
Councllmen Finch,
None
Mayor Dempster
Fitzger~ld, Noel, Sto!<es
Motion carried, !'-O
McveJ ~y Councilman Finch, seconded by Councilman Fitzßerald,
t¡-At Ordinance 322 be read by title only.
AYIiS:
NAyS:
ABSENT:
Counc. Pinch, Fitzgerald,
None
Mayor Dempster
Noel, Stokes
Motion carrled' '1-0
The City Clerk read the title of Ordinance 322.
Vi.:e-Mayor Stokes said t:,ia constituted the First Reading.
VII A. ORDINANCE 220F: Amending Ordinances 002 and 220,
Introducin~ Zones for Publlc Buildings, Quasi Public
Buildings, and TrBnaportation. Second Read1ng.
Moved by CounclImn Pinch, seconded by Councilman Noel,
to have Ord1nanCe 220F read by tltle on1;¡.
AYES:
NAyS:
ABSENT :
Noel, Stokes
Counc. Finch, Fitzgerald,
None -
Mayor Dempate~
Motion carried, 1t-O
The title of Ordinance 220' wss read by the City Clerl:.
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JlDye<! by Coùnc:ll.an finch, seconded by Councilman F1tzgsrald,
to ~ct Ordlnance 22OP.
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AY1iS: Counc. Pinch, P1.tzgerald, Noel, S"okes
!lA1S: IIone
ABSI!IIr: llayor Dea:peter
"IIotlon carried, "-0
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B. .......BCB 22C)ó.Iþ -- Mopt1Dg ~ts-' ~or Resldent1a1
SbIle-riIIUJ' ~a IU a (R-l) ",lid (R-1C).. Rea1dentlal
Dlpla Z6~~f~T~~ and "aldent1al- la11t1p1e Zones
(B-3) and ~O'I'. ent1al Use In Agr1.cu1ture Zones
(A-Ii) aDS ....~ the Urgency Thereo~. .
'1'b1a !till!! was covered at the beginning of the meeting.
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PA1IJIJ mLLS
A. Resolution Ro. 1199 aiId No. 1200.
Resolutlon No. 1199 was'read by Treasurer Pitzgerald.
JIove<i by Counclll8J1 Noel, seconded by Councllman Finch,
to !tjopt Resolution 1fo...1l99. '
AYSS:
NA r.: :
ABE:;)IT :
Counc. P1r.~h,- Fitzgerald,
Nohe .-
Mayor De:npater
Noel, Stokes
Motion carr!..d, l!-O
Res::c:ton No. l200 was read by Treasurer Fitzgerald.
~v!'~ ~y Coune. F1r.<:h, _seconded by Coune. Noel, to adopt
Reec:_::lon .Jfo.. l200.
AY'::S:
W-YS:
ABS~:
Co~". ~n.::h, Fitzgerald,
None
Mayor Delllp8ter
No-el, Stokes
Motion carried, l!-O
J)( RE~ OP OPPICERS
A. ;;.EPORT OP CI'l'!' 'mFÞ,SURER
!Ie had nothing further to report.
B. F..::PORT OF CI'l'!' MANAGER
:'t.e Director of Public Worlts Gave the City Manager's
:leport.
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Sycamore trees along public way in Westacres
Subdivislon.
Mr. Long has recommended these trees be removed and re-
placed with a wore suitable species. The necessary
.~ylng uould be very expenslve, In addition to the fact
:;hat as the trees become larger the roots wl11 break up
the sidewalks.
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The D1rect.or a4Y1sed that we would lave to . have them
commercially 1't!IIOved,' but the City couJd plant the :1f!11
trees.
.
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¡',:
The Clty la:s recelved a petition from the Westacreo
Subdlv1s1on, signed by 60-10 people, rec¡ueatil18 sP1'8ylng
01" the s~res.
JIoved by CouDc11mn Pinch, seconded by Councllman Noel,
to J'!:¡¡g -' u.t the staff' write the a....e.-ra t
Assoct.....· tlat the situation wU1 he d1~Wlsed at the
next 1"iP'-.-Cf.ty CouDo11 Jieet1ilK, and tbat 1t be
pUce4: . n:·"JIriUen C4!1W~tcat1oDB· on the agenda.
MOtion ~e4, 4.0
2. Rota17 -C1ub surv87 on the need f'or a hospital 1.n
this u..
The RotaI',J Club reels that i1" 1;he Clt7 of' Cupert1no haa
a vltal interest 1n the locatlon ot' such hospltal
1"ac1l1tles, then the tlme has come 1"or them to talce
an actlve part In the current survey.
Moved by Councl1ma~ Pinch, seconded by Counc1lman Noel,
that the matter be postponed and that the Mayor select
a representatlve.
AYES:
NAYS:
ABSENT:
Counc. Finch, Fltzgerald, Noel, Stokes
None
Mayor Dempster
Motion carried, ~-O
3. The City Manager has indieated he wo¡;.ld like to
report on the prågress'of park acquisition at the
adjourned meeting on Thuraday, Dec. 9th.
4. The City :-.as received a l'equest froo a developer for
t1nanclal relief of the installation of a 16" -¡;rans-
mlss10n l1ne; 2000' of plpe line Is involved. The
City Water Department's share 01" the cost above an
8" line calculated by our Engineering Department
would be approximately $l2,OOO. The City recommends
a reimbursement agreement 1"or the overage only.
Moved by Councilman Pinch, aeconded by Councilman
Noel, to authorize the Mayor and City Clerk to
Institute an "Overage Agreement. tI
AYES:
NAYS:
ABSENT :
Counc. Finch, Fitzgerald, Noel, Stokes
None
Mayor Dempster
Motion carried, ~-O
5. The Clty tas received a request 1"1'0lIl a property owner
1n Oak Dell subdivls10n for pe1"lll1sslon to landscape
the walkMay easement until such time as it wlll be
needed by the School and/or the City. The School
Distrlct has stipulated a condltlon that the use be
on an lrrevocable pe1'l'lit whereb~' any Improvemente
that are on the Property (landscaping onlY, no
buildings) must be removed wlth1n 30 days atter
notlce.
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Moved by Councllman J1nch, secoDded by Councllman
Noel, that the Use Permit be granted as requested
by tne School D1str1c~. .
Motion carried, 4-0
6. ChIc CllDter Contract.
f'
MoYed bJ" Councl1..n.lP1tzsera~. .HConded by councl1-
.aD aM1. to approve the labor ai14 _ter1a1 bond,
. ".!aøl. thN: _~ ~. City Cleric ~- to execute It.
, .,'.'
a ...--'"'t tIF.Øl;MM:ll1i1ø 1'1t~4, seconded by
c.-4't "'1, tJlat' the ci.t7 1íãnap1' ls te a1gn
..,~II~l'e1'to~e· boDd.
Vbte on .
rI~t:
Cllaacl1.-n Pinch,' P1Þgerald, Keel, Stekes
"lie
-.,.1' u.pster
Motion carried, 4-0
_ Vote on the _t1on:
A1I81.
M18,
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AYI!S:
HAYS:
ABSBH'l':
Councl1men Pinch, Pitzgerald, Noel, Stokes
JIone
JIfqor Dempster
Motion carried, 11-0
C. REPORT OF DmæroR OP PUBLIC WORKS
Reterr1ng to Item 7 of his report of December 3rd, the
Dlrector said the City has received no further grading
plan 1"rom the subdivider. Recent rains have stLPped
work on this project. He then introduced the Theisner
letter, a coP.r 01" which was sent to the Councilmen.
Representatives 1n the tleld say there was a very
supertlclal s11t coming onto the property, along with
the water. Mr. Crump has agreed to install a valley
gutter. He hasn't been able to put this into effect,
due to the rains.
Mrs. Dorothy Theisner, 11256 Redondo Court, asked \ihat
assurance the property owners have that the valley
gutter will be installed and the erosion problems
solved. She 8&ld yet another problem has arisen: Dogs
are jumping rroaa the h1ll, over thelr back fence, into
their bacl: yard. .
The Director 8&1:1 Mr. Crump has asreed to:
I} The valley gutter.
2 Pulling 1n the toe of the slope 18".
3 Regrading of lots down slightlY.
The Grading Ord1nance Is being reviewed by the staff
and should cœoa up tor approval shortly a1"ter the first
of the ;rear.
In resard to the De Anza Improvement Project and ~tevena
Creek Blvd. :taprovement Project (Highway 9 westerlY),
the possibility 01" qual11"ylng for Pederal funds is
being explored.
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D. MIOIf 01 C11'f
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1. Trt.ct 10. )628. 0ûde11 Iianch, Un1t 10. 2; ealt
alde ot Ste_ Creek at Phar Lap Drive.
Upon tile 1'eC-_ "t1_ 01" the City Engineer. It _s
moved 117 CouDcn- P1rIch. seconded by COUllC~
lP1tqerald, to _Jr. .1. 117 IUnute ~er. the s.provemanta
conatI'aCtec! 1D -.JaDcUon with Tract JID. 3628. Qakdell
RIIDch. Van 110. 2.
l111h
aD:
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C\AIDI'- 1'1IIcb, P1Ugerald, a:Jel. Stokea
...
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.-w-carI'1ed. 4-0
2. 'fract 110. 38D6.~t1no Center; Vb1tDIiF 1Ia7.
200' IIGIItb or weNdo (1aImm as 'ÞdD ~)
Upon the reco . UoD ot the Clty Engineer. 1t _s
moved. 117 IUrute CIrISer. to accept the 1mpro. Inta
colllltructec! 1D ~tlon wlth Tract JID. 3806.
Cupertll1D Center. IIotlon ade by Counc1~ Pinch,
seconded 117 eoo-u..D P1tzgenald.
AYBS:
NAYS:
ABSEIll' :
Counc. P1rIch. P1tzgenald, Noel, Stokes
IIone
Mayor ~ter
Jbtlon carried, ~--O
E. REPORT OF CITY :..c.............
1. The Clty Attvrne]' introduced the Certl1"1ca1:e of
InsUl"llllce C:õ -=:rkers on ~he City Hall. He said he
;-.as rev1eweo1 -:t.e papers and found thel!l 1n order.
2. The Clty ¡..:wrnt!y _s in recelpt 01" a notlce from
the ØJnlcl~ Cowrt requesting that we de!lne
-parkways" IUÛ review the penalty clause in
Ordinance 110. 'Zr7.
F. REPORT or BUIX=IJIIG INSPEC'I'OR
He tad noth1ng t' .õr":t.er to report.
G. REPORT OP RECRBAT1œr DIREC'I'OR
l.
The DireotGr has just completed a stujy or attendance
and partlcl¡:at1on in the Recreation Program:
Phase 1 - Ana17S1a ot participatlon in the seven
_1 ~rhood programs 01" elementary
acbxll age.
Phase 2 - q,-"l1tat1ve part1cipatlon.
ø.e 3 - CoDc1nalOnB; aoc10-econom1cs altuations in
the neighborhoods
Fo1101!lng 18 the December program:
Dec. IS - Sr. C1 t1zens I Chr1stmas Party
Dec. 10 - ma.ketball
Dec. 11 - 100 :lr. Hi. studc.nts going to Century 21.
Dec. 18 - ma.u1;ball tournament
Dec. 22 - CaroJ.ll>g
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2.
3. The Recreation Department houl'1! ror the Chr1stmas
vacation are as r~llows:
Week or Dec. 20th ----------- 10 A.~. to 4 P.M.
Week of Dec. 27th ____________10 A.M. to b P.~.
Dec. 2h & ';eo. 31 ----------- 1/2 day
Dec. 25 & 3an. 1 -------.---- Closed
Councilman P1J!ch suggested that the 1'a1'k1J ec-1ss10n be
advised that raar ~:-k sites hav~ been aeq1dred. but
that there ~ be l1tlgatlon on the 1'1t't:b. Perhaps
tbe Counell shun'" get together BOon .11:11 the Coaa1sa1on
to discuss prS.orl. ties, etc.
B. REPORT OP 'l'BB J),UUII."'1œ or pLANJ([JIJ
!be Asslstant n-r aald that we shoU1d have a full
report on 'l'b.nrda"" at the special meet1JlS.
X UNFIlIISHED æSIRBSS
A. ?oothills Unit 2, by &tcell and Sone, hall been completed
about a year DD1f, with some things that have not been
1;Bken care of. 'l'be Director of Public . 'Orka haS con-
tacted the con't;1'&ctor. The question is whether tie
should have a ;;ollcy whereby the Cit'J forces are author-
lz2d to go 1:1 and clean up situat10ns like th1s aoo
charge it agal:>8t the bond.
:~.e Councl1 :..1 t these th1n¡os should be 8et';led on an
~~lvidua1 basis.
;.!cved by Co=:1.1nan Pitzgerald, second~ 1:7 COClncll:;an
~::el, to ha'õe ~be staff write a letter ';.0 the tondln~
:~~pany to cl~r tr.ls matter up.
Ho-:'1on carr1ed. ;"-0
XI HE" 3:SINESS
A. ';:;.llco Park: :.<=!"und of $21,'(1.11. (1!alar.ce of
:119,239.23 ~~~ toward Wolfe Road.)
::_e City C1c:,,: said the AGreement ;¡as ';!"at ,:;<.e Cit:¡
.:'-lld pay ~:;::,:>')O of gas tax money for t!".1s purpose.
~~ved by Co'¿!'.:. Pinch, seconJed by Co-~~c. Pitzgerald,
:~ refund ~2:,~€1.ll to Va11co Park.
.~.YES: Cc.-z.:. Finch, Fitzgerald, lieel, Scokes
x..~YS: Nc~",~
~ENT: Ma7~r Dempster
,.,tion carried, l!-O
nI ADJOl'RNMENT
Moved b~' Counc. :>1.,...,:h, seconded by Counr;. P1tzgerald, to
adjo~rn the meetL~ at 9:30 P.M. to Thursday, Dec. 9th.
APffiOVED:
/s/
Gary Stokes
V1':e-l87or
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