Loading...
CC 12-20-65.;a -Sunnyvale. ;:o- Ciape.rtino, Cali 'o �nia, 95014,pho e • ?52- 450 C I TY OF k'U PERrr-i NO MINUTES OF THE REGULAR MEETING OF THE CIT-i CO'CvC TT, - December 20, 1065 PLACE: :Board Room, Cupertino School District Office 10300 Vista Dra_ve, Cupertino, California TIME: 8:00 P.M. I SALUTE TO THE FLAG lI ROLL CALL Councilmen present: Finch, Fitzgerald, Noel, Stokes, Dempster (9:10) Councilmen absent: None Staff present: City Manager, Phil Sto:?m City Attorney, Sam Anderson Dir. of Public Works, Frank Finney City Clerk, Larry Markin Dire of Planning, Adde Laurin City Engineer, Bob Shook Recreation Dir., John Parham Chief Building Inspector, Bill Rene; ich Recording Secretary, ;ois Inwards 't'll MINUTES OF THE PREVIOUS. MEETINGS - December 6, 9, 1955 Moved by Councilman Finch, seconded by Councilman Noel, to approve the Minutes .of December 6, 1965, Motion carried, 4-0 Moved by Counc. Noel, seconded by Counc. Fitzgerald, to approve the M_nutes of December 9, 1965. 1�kltion carried, 3-0 Counc. Finch abstained The City Clerk brought a correction to the Minutes of November 23rd to the attention of the Council:' Item IV, second from the last sentence in the first para.gra-'_, under that item, should read as follows: "....have the to make any desired changes by Change Order...." Moved by Councilman Finch, seconded by Councilman Fitzgeralu, and a Minute Order adopted that the Minutes of November 23L.d be corrected as noted in the above paragraph. Motion carried, 4-0 IV ORAL AND WRITTEN COMMUNICATIONS WRITTEN: 1. Petition with about 59 names of Westacres Subdivision homeowners re: Sycamore Trees. This will be 'Drought up under Oral Communications, -1- 2. League of California Cities memo regarding local regula- tions regarding prostitution, etc. 3. Letter from the City Hall architect with Change Order #2. Vice -Mayor Stokes commented that this Change Order is for a modification in exterior light fixtures, amounting to $3165.00 in credit. Moved by Councilman Finch, seconded by Councilman Fitzgerald, to approve Change Order #2. AYES: Councilmen Finch, Fitzgerald, Noel, Stokes NAYS: None ABSENT: Mayor Dempster Motion carried, 4-0 Moved by Councilman Finch, seconded by Councilman Noel, to accept the written communications. Motion carried, 4-0 ORAL COMMUNICATIONS: 1. Mr. Donald Parsons, 10530 Pineville Avenue, Cupertino, of the Cupertino-Monta Vista Improvement Association, said he wanted to comment on the molestation of children in the Wilson School area. They have had meetings to try to get to the root of the problem. He invited the City Council and anyone else who might be interested, to meet with them on Wednesday, 8 P.M., at Palo Alto Savings and Loan, to attempt to solve this problem. Mr. Parsons said the board walk along the creek, from Blaney Avenue on the west to East Estates Drive on the east contributes to the problem, The Sherrif's Office has recommended that the board walk be eliminated completely. He commented that things of this nature that cannot be visibly checked should not be allowed within the City of Cupertino. Councilman Stokes said he would be at the meeting on Wednesday because he is quite concerned about the problem. A letter from the Cupertino School District Office was then introduced. The City Clerk read the letter from Dr. Charles Knight, Superintendent, saying they are in- terested in having a 6' wide, blacktopped easement, with no fence, in the above -mentioned area.. The City Manager said the City is working on getting this problem resolved. It involves an area about 100' long. 2. Mr. Don Marks, 20211 Marita Drive, Saratoga, spoke about the recent Community Survey conducted by the Junior Chamber of Commerce. He presented brochures of the results to each member of the Council. He added that the JC's would be very happy to help in any way they can to make this community a better place in which to live. A. WESTACRES PETITION -- Re: Sycamore Trees The City Clerk read the November 23rd letter and accompanying petition. Mr. Richard Anderson, 10357 Westacres Drive, Cupertino, said they would like the City of Cupertino to establish a position on whether or not they will take care of the trees or replace them. The trees were planted, in good faith, by the developer. They are now diseased and a decision is needed. -2- Council -man Finch moved, on the basis of the In.if%,rma'tton the City's Tree Consultant: that the City remove t.iese °yca. more trees and replace -them with a suitable type, chosen f-Pom the accepted specie.list. This motion died.for lack of a second.. Former Planning Commission Chairman Jack Gates said he lives in this subdivision and the residents Nould like the City to (1) establish a policy, and (2) designate what the City's responsibility is. If it is possible, they would like to have the trees sprayed and retained. The City Manager cited his past experience with sycamore trees, He said that, in addition to the expensive spraying program: the roots rise to the surface and break up the sidewalks, Vice -Mayor Stokes said it would be cheaper for the City to .remove these trees now, before starting to.carry on the ex- pensive spraying program, and before the trees do any damage to the sidewalks. He asked the citizens if they realized that the removal and replacement of the sidewalks is the financial responsibility of the property owners. Mr. Sterling Dale, 10486 Westacres Drive, felt it was most important to try to save the sycamores if at all possible because of the character they add to the street. Mr. Friar, 10385 Westacres Drive, said he felt the sycamores "make" the street, Mr. George Abdu, 10354 Westacres Drive, urged the City to retain the trees. Mr. Ernie Hine, 10327 Westacres Drive, proposed a compromise wherein every other tree be removed at this time and replace them, and a few ears later remove and replace the others, Mr. Jack Gates said the homeowners have met with Mr. Dwight Long, who stated the City now prunes the street trees, Now, with the City parks, the City will need tree maintenance equipment very soon, which could also take care of the sycamores, probably less expensively. Mr. Long had described a watering rig comprised of a hydraulic jet which deep waters the trees and encourages deep rootedness. Councilman Stokes said that the homeowners are responsible for watering of the street trees, and very few homeoiniers have hydraulic jet watering equipment. Mr. Paul Harkin, Westacres Drive, said he had experience with sycamore trees in Santa Monica, and they 11ad done a lot of damage to the sidewalks. Mr. Richard Anderson described Mr.. Long's watering system whereby sand and water are jetted down to the roots of the trees. The trees must have.specially trained roots. Councilman Fitzgerald pointed out that the existing sycamores are too old for this treatment. Mrs. Ethel Sumner, 10290.Westacres Drive, was in favor of removing the trees. Councilman Fitzgerald suggested that a written report from Mr. Dwight Long is in order. Councilmen Finch would like the report to include information on how often the trees would have to be sprayed, the extent of the damage to be expected from the trees since.they do not have shaped roots. Councilman Noel. said the Homeowners Association should be present when we have this report from Mr. Long. -3- Mcve(I by Gounciam2.-n Pi">I, h sF-::;.r_.d^Cl b-T CouncJ_7.� I,.;._�. Ylo'- schedule M:�'.� Long's report or. sjcc m7i'e trees fJ1' i;n@ 3r. d agenda, Mst-1_on. carried; 4-0 A, REPORT OF PL-4NNIN^ COMMISSION -- (See'-Minates of December 13, 1965) 1, PAL O ALTO DEVELOPIME7. T CORPORATION (Franklin -Bahl Developers) Application 15-•TM--65 for a Tentative Map for 34.5 a�,re development, east of Foothill Blvd., south of Starli-rig, Dr, Approved by Planning Commission Resolution 315, 12/13/65� Mr. Franklin stated thathi_s associate had just arrived at the meeting with significant information which they have not had a chance to discuss. On this basis, he asked if they may be deferred to the end of the Agenda, So moved by Councilman Fitzgerald, seconded by Councilman Noel, AYES: Councilmen Finch, Fitzgerald, Noel, Stokes NAYS: None ABSENT: Mayor Dempster Motion carried, 4-0 B. REPORT OF THE ARCHITECTURAL AND SITE APPROVAL COMMITTEE (See Minutes of December 14, 1965) H-Control Chairman Guy Fitch recommended that the Minutes of December 14th be accepted as recorded, The City Clerk read a letter from Mr. Channing Chrisman re- lating his objections to application 209--HC-65, Dr. Araldi presented the rendering of the proposed medical.. dental complex, incorporating ';,he changes recommended ,)-\T the H-Control: Spanish tila roof, more expensive landscaping; elimination of the fence. Mr. Channing Chrisman, Georgia Avenue, Palo Alto, said the 5. side and rear yard setbacks are completely out of character with the Town Center, This is not Planned Community work; it is strip commercial. ITie had no objection to the choice of building materials. Dr. Araldi said it has always been their intention to comply with the Citir. The doctors who will be owners of this complex have been practicing in Cupertino for 5 or 6 years now, and plan to continue here until their retirement, The Use Permit was granted and the H-Control Committee passed unanimously on it, They plan to be here a long time. Also, this, is situatea on the fringe of the Planned Community. Mr. Howard Ruth, Jr,, 1540 Wisteria Cto, Los Altos, said lie has the property adjacent to this site. He suggested that if the plan were flip-flopped so that it won't appear to be islandised and the parking from this and his development would intermingle, it would tend to integrate itself with the rest of the property when fully developed, Dr. Araldi felt Mr. Ruth's point was well taken; however, the doctors would not like to Have their parking spaces used by, say, customers of a supermarket or- a se-rvice station, Mr. Tchn 1ivarigues sail tley are not objectyng tr, the being used or to the st,rle cf. the buildings; i t. s s.unply +?7-it- this ,:)!an 1_s another of st_r p �or%mPrc Lai_ ., Dr. Leo Meleyco, 2120 F�_,est Avenue., San Jcse, said the A a0ze3 next door is for sale and there is nothing to stop the owner :From selling it, one acre at a time, The engineerl_iig aYid financing are all arranged now for this complex. 'e wished that if tlae City had recommendations that they had nct. come at such a late date. He asked why this development shoulJ be jeopardized on a supposition of the development of tide contigu- ous property. Mr. Ruth emphasized that it doesn�t matter who owns the prope2t�T or whether or not it is one or one-half acre lots. if it is well planned, Dr. Araldi said they have tried to comply with the City all along. If they had been told these things at an earlie,:° date it would have helped considerably. Mrs David Lainge, Palo Alto Savings and Loan, sa is cN on ] - plans plans They were aware of for this property were of a -^ound building with a rectangular building running behind it. Th"e plans are very new and have been known to nobody, including Mr. Rodriguez. The Director of Planning reviewed the Planned Community rvt leo The Use Permit had expired and was renewed. The Planning Department phoned adjacent property owners and this devel;-:)pm_enz was also advertised. They had received no objections when it - was renewed by the Planning Commission. He did say, however, that he shares Mr. Chrisman's feelings about the setbacks being insufficient. Dr. Calio felt they have compromised by removing the fence and changing the roof materials, He feels it will 1-le a woriull-- vvhile addition to the Community; Mr. Chrisman said none of the adjacent property owners nor himself were informed of this development. He said the ear11_er plan for this property had generous setbacks and this play. does not. Councilman Fitzgerald asked the City Attorney if a Use Permit in a PC-H zone should come to the City Council for final approval. The City Attorney said the Ordinance provides that all Use Permits variances have to be reviewed by the Council.. Mayor Dempster said the fact that this objection is coming at a late stage in the game should not play too heavy a part in their decision. People still have the right to come to one Council meeting to protest. Approval or disapproval cannot be based on that. Councilman Noel asked Mr. Rodriguez about hie legal right to architectural control which he had referred to previously. Mr. Rodriguez said it is in the form of a Deed Restriction:. Dr. Meleyco said he was confused with the proceedings, He. would like some sort of signal so that they can break ground in January. Counc. Stokes said the quality of the buildings speaks for itself. Nobody feels they are trying to put something over on the City. Mr. Meleyco asked if the Council can guarantee them that there won't be, say, a gas station next door. They will be willing to flip-flop the drawings if they can have this assurance. -5- Perm-,_- -wa;� lie by 1--Ih-- C-1.1GY COUnrl"ll. As t,) that ;7i Plaiined Commuidit:,-y -vti.nere -va--i-ous ow].' e I wk�u_- o __Ia gay that ccopo.rn � a at -. _n .��t-.-_ ,ed bet-, the -n.i-ope, -b owners. he aid . thst Dr .. M�ie_yco J.s in order in a.Q 0 f011 the asqurz:�nce of they 'ty-p-,-o-1- dcN-elopmerit of tvl'-.e aJ-Iacent- pro pe.oty,, Mayor Dempster sal-d he Ijould be irillinq to attL5,tri-pt, to 6.-vise some sort of standards whereby tb.e dei)elope-.�b IDe prot-ecter-I within the PC.-H. Councilman Fitzgerald said the proposed building, -D,-,\T the -Nay it sets on the property, violates `U-ha -Planned Communit77 I Ordinanc-_, Dr, Basta sa__d the 11octors all agreed to this plan over as long as. there will be no more objections to hr)",_C.. up their planned development of their property, Dr. Meleyco said that would make 5", rear yard setbacic an 101 ,heir -y� DO V-1 d setback between the two bt-l.ildi-ags or, neir prope.-ot" ainge suggested a parking ratio i,elaxat-lon to give them rn(-)rp of a rear yard setback, Vice -Mayo.., Stokes asked j.f they would be willing to have their architect redo the Plans and having a spec�.al meeting with Lhe City Council -ro as no-c to hold up their ga?ound. date, Councilman Noel asked !_:" Mesprs, ChrisLrian or '.Podriguaz -v.Tould object to the 5' setbacl%- in the rear, Mr. Rodr--guez said he would not. Mr, Christian said he does not like 5' setbacks in front or -ear, but would be happy to work with these folks so that, they can get going. Moved by Councilman Fitz_--.-,ald,, seconder: by Councilman Finch, to approve application 209-HO-65, subject to the bui_1(31ng being flip-flopped and that the final OK is to be gi7,,en by the Building Department.. AYES: Councilmen Finch., Fitzgerald, Noel, Stoles, Dempster NAYS: None Motion carried., 5­0 Moved by Councilman Fitzgerald, seconded by Councilman Noel, to approve the H-Control Minutes of December l4th, AYES: Councilmen Finch, Fitzgerald, Noel, Stolces, Dempsk"ev NAYS: None Motion carried,, 5-0 CIT,;r PLANNER'S NOTE: The original Use Permit was recommended by t'ne_ Pianning Commission on 2/10/64 and approved_byCity .Council on 2/17..,., j 0 it 6.id expire. Application for '..-the now valid Use Permit was made or, 10/22/65. Hearings before Plqnning Commission were advertised _In the Cupertino Courier on 10/27/65"and'posted I (although gh this is not actually required by the Ordinance). The Assistant ' Planner contacted the CountyAssessor's Office to get up-to-date information on ownership of tuha adjacent, property, and phoned the Agents of Record kJohn Rodrigues, and Valley ) on 10/26/65 in order to alert them and to . Title Company advise them that their heir clients could come in and review the plans lative to any possible problem. The Planning Commission recommended granting of the Use Permit on 11/8/65 by a 3-0 vote. The City Council approved it on 11/15/65 by a 111-0 vote. Vice -Mayor Stokes called for a 10--minute break at 10:00 PoM� M Meeting readjourned at 10:10, with Mayor Dempster presiding, V 1. PALO ALTO DEVELOPMENT CORPORATION (Franklin -Bahl Developers) Application 15-TM-65 for a Tentative Map for 34.5 acre development, east of Foothill Blvd., south of Starling Dr. Approved by Planning Commission Resolution 315. 12/13/65 Mr. David Franklin, 2383 Prur_eridge Dr., Santa Clara, said they were in agreement with Conditions 13 and 14; it was only Condition 15 which they wanted to discuss with the Council this evening. He said they have reduced the total lots from 116 to 101 be- cause they feel this area can call for a bigger, better type house. They also felt there would be an elimination of the bonding of the street because they do not feel a street is necessary between this development and the apartments. He does not feel it is good planning to have access between unlike communities. Mayor Dempster asked for comments from the audience. Councilman Stokes said he is not in agreement with Condition 13. He feels this should be thoroughly explored, noting the problem which was discussed earlier this evening regarding the board walk near Wilson School. Mr. Franklin said he has arranged to have an easement between the power lines, 6' temporary asphalt pavement, no fence. Mrs. Juanita McLaren, 1657 Brookvale Drive, San Jose, local real estate broker, feels it would be unwise to have people go through an R-3 subdivision to sell homes of this high quality. She does not believe a developer should be required to put in off -site streets. The Director of Public Works displayed a blown up map of the traffic circulation in this area. Parking could be eliminated reducing it to 241 section with sidewalk on one side. Alpine would be an alternate route not the main street, into the subdivision. He asked if it wasn't this developer who down- graded the property along Foothill Blvd. by asking for and getting multiple zoning there. Mr. Franklin said he did that because he needed a buffer. The Director said there is a drainage outfall problem, and he would like to see a grading plan. He said we have the easement from Cook & Wilson. Mayor Dempster did not see the necessity for Alpine Drive. Councilman Finch feels the street has to be there. The Director of Public Works said the School District wants a street under the power line. The people do not want an isolated walkway. Councilman Fitzgerald said he was originally for putting in Alpine. As long as we get an easement for the school kids he now does not feel Alpine Drive is needed. Mr. Milton Burnham, associated with Franklin -Bahl, does not feel Alpine would ever be signalized because it ends up in a gulley, across Foothill Blvd. It was the recommendation of the Director of Public 14orks that Franklin -Bahl be required to put in the street under the power lines. -7 - Moved by Councilman Fitzgerald, seconded by Mayor Dempster, to approve application 15-TM-65, excluding Condition 15, as recommended by the Planning Commission. AYES: Councilmen Fitzgerald, Noel, Dempster NAYS: Councilmen Finch, Stokes Motion carried, 3-2 V' PUBLIC HEARINGS A. VALLEY TITLE COMPANY (Page Properties) Application 8-U-65 for a Use Permit for a 50-acre one -family Cluster Develop- ment within a PC-H Zone, east of Mary Avenue, north of Stevens Creek Blvd. Approved by Planning Commission Resolution No. 301. Appeal re conditions (continued from December 9, 1965). The Director of Planning said the Resolution has been changed, per the changes decided upon by the City Council. It was decided to exclude any reference in the Resolution per- taining to Mary Avenue. The Director of Public Works said Exhibit C was approved. The Exhibit, as called out at the top of the page, is correct. Mr. Mittelman said he will send out Exhibit E. Moved by Councilman Stokes, seconded by Councilman Noel, to defer application 8-U-65 until January 3rd. Motion carried, 5-0 VII ORDINANCES AND RESOLUTIONS FOR ADOPTION A. ORDINANCE NO. 220-H: Adopting Regulations for Residential Single -Family Zones (R1 & R1E), Residential Duplex Zones (R2) and Residential Multiple Zones (R3); and For Resi- dential Use In Agricultural Zones (Al); and Declaring The Urgency Thereof. Approved by Planning Commission Resolu- tion No. 316 on 12/13/65. The Planning Director explained that the Planning Commission amended Sec. 11.8 b so that accessory buildings in the rear yard shall not be subject to side yard setback requirements. There were also a few editorial changes. Councilman Stokes felt they should adopt the Ordinance as it now exists and carry through the changes at a later date. The City Attorney agreed with this thinking. Councilman Fitzgerald noted that it could work a hardship on some developers if a new Ordinance were put into effect with- out their having time to study its ramifications. The City Attorney advised that Ordinance 220-H should be adopted exactly as the present residential Ordinance exists except that the urgency clause is different because the pre- sent urgency clause no longer applies. So moved by Counc. Stokes, seconded by Counc. Fitzgerald. AYES: Councilmen Finch, Fitzgerald, Noel, Stokes, Dempster NAYS: None Motion carried, 5-0 B. ORDINANCE NO. 322: Approving the Annexation of Certain Contiguous Uninhabited Territory Designated "Merriman 65-3" to the City of Cupertino. (Second Reading) Moved by Councilman Stokes, seconded by Councilman Noel, to have Ordinance No. 322 read by title only. Motion carried, 5-0 Ordinance No. 322 title was read by the City Clerk. Moved by Councilman Noel, seconded by Councilman Stokes, to adopt Ordinance No. 322. AYES: Councilmen Finch, Fitzgerald, Noel, Stokes, Dempster NAYS: None Motion carried, 5-0 C. RESOLUTION 1207. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO GIVING NOTICE OF THE PROPOSED ANNEXA- TION OF CERTAIN UNINHABITED TERRITORY TO SAID CITY„ DE- SCRIBING SAID TERRITORY AND DESIGNATING IT BY THE NAME OF "STELLING PARK 65-611 , MAKING CERTAIN FINDINGS RESPECTING SAID PROPOSAL; AND GIVING NOTICE OF TIME AND PLACE SAID COUNCIL WILL HEAR PROTESTS THERETO. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CUPERTINO: Moved by Councilman Finch, seconded by Councilman Stokes, to adopt Resolution No. 1207; Hearing date to be set for 2/7/66. AYES: Councilman Finch, Fitzgerald, Noel, Stokes, Dempster NAYS: None Motion carried, 5-0 VIII PAYING BILLS A. Resolution No. 1203 and 1204 Resolution No. 1203 was read by Treasurer Fitzgerald. Moved by Councilman Noel, seconded by Councilman Finch, to adopt Resolution No. 1203. AYES: Councilmen Finch, Fitzgerald, Noel, Stokes, Dempster NAYS: None Motion carried, 5-0 Resolution No. 1204 was read by Treasurer Fitzgerald. Moved by Councilman Stokes, seconded by Councilman Noel, to adopt Resolution No. 1204. AYES: Councilmen Finch, Fitzgerald, Noel, Stokes, Dempster NAYS: None Motion carried, 5-0 IX`_ REPORT OF OFFICERS A. REPORT OF CITY TREASURER -- No further report. B. REPORT OF CITY MANAGER ---- See written report. '"',PORT OF DIRECTOR �F PUr11C WO_ . KS ... Referring' to his w:o itten report of�•Dec . 1; 1965. he si.a red that o 3. REGNART• CREED AND REGNART CULVEBT project is coming along` beautifully, 4, GALLERY project.may have to be delayed because of the rains, 5. CUPERTINO CITY i1fiT,L contra:.tor is movirg -right along. 7. GRADING ON BAIL-n400D TERRACE, UNIT NO. 5; they have the plans to proceed but it is too muddy to permit other than minor cleanup work right ncw. 12. The Director of Public Works recommended the Council send a letter or Resolution of encouragement to the State Highway Division to expedite the West valley Freeway from Stevens Creek Blvd. to junipe2c Ser.r& Freeway. The City Attorney advised a Resoluti-on to this effect would be in order. It was so ordered; and carried unai-iimously. 13 Franklin -Bahl Twin Palms Unit �3o In order to maet commitment date on six homes in this subdivision, t:v subdivider put up $600 bond to ensure completici cf jrading when the ground is sufficiently dry. o grading has been accomplished and the developer would like his check back. MINUTE ORDER: So moved by Councilman Pinch, seconded by Councilman Noel. AYES: Councilmen Finch, Fitzgerald, Noel; Stokes, Dew-pster NAYS: None Motion carried, 5-0 MINUTE ORDER: Moved by Councilman Stokes, seconded by Councilman Finch, to advise the applicanu— to include in the conditions of the accept- ance of the Tentative Map the following: to Satisfactory grading plan be produced regaz,d.ing lots 10 through 13, 2. That a suitable drainage scheme be provided showing the method by wr1_c�h the surface water will be disposed of; all to the satisfaction of the City Eng'neer, Motion carried, 5-0 Mr. Theisner asked about the Final Grading Plan for Bay -- wood #5. He said there are about 4 yards of soil from "the mountain" in his back yard. The Director of Public Works said Mr. Crump has stated he would take care of this condition. Councilman Stokes stated that he felt there would be no problem once the gutter is put in. -10- D. REPORT OF CITY ENGINEER MARY AVENUE MAIN (2" water service) MARY AVENUE, STEVENS CREEK TO FREEWAY. Upon recommendation of the City Engineer, it was moved by Councilman Fitzgerald, seconded by Councilman Noel, to adopt Resolution No. 1205 approving Division of Highways "Utility Agreement No. 388.62" and authorizing execution of same. AYES: Councilmen Finch, Fitzgerald, Noel, Stokes, Dempster NAYS: None Motion carried, 5-0 E. REPORT OF CITY ATTORNEY The City Attorney read Resolution No. 1209, Granting of Ease- ment for P.G. & E. Moved by Councilman Fitzgerald, seconded by Councilman Noel, that Resolution No. 1209 be adopted. AYES: Councilmen Finch, Fitzgerald, Noel, Stokes, Dempster NAYS: None Motion carried, 5-0 F. REPORT OF BUILDING INSPECTOR -- None G. REPORT OF RECREATION DIRECTOR 1. The Director announced the formation of the Third Annual Basketball Committee, which will meet Jan. 4 with Dr. DeHart of De Anza College, regarding use of school property. H. REPORT OF DIRECTOR OF PLANNING -- No further report. X UNFINISHED BUSINESS - None XI NEW BUSINESS 1. Counc. Noel wished everyone Merry Christmas & Happy New Year. 2. Counc. Stokes announced the Trafficways Committee is being dissolved and a Transportation Committee is taking its place. 3. Counc. Stokes was concerned about the drainage channel run- ning through the Idylwild subdivision. He requested the County be notified that it needs to be cleaned out. The Director of Public Works said he would check this out. XII ADJOURNMENT Moved by Counc. Noel, seconded by Counc. Fitzgerald, to adjourn the meeting at 11:30 P.M. ATTEST: City Clerk APPROVED: ls/ J. Robert Dempster Mayor -11- 10321 South Saratoga-&.........J.. Road Clailai"t1JIo. Cal1t'orn1a. 9501' , pIIone: 252-4505 CI'rY 0' CUPBRTI.O caJ.1rõñU:a - -"'l:i.-CIrma RIOULAR po .~ or 'ftIB CIftCOO-;¡·· - DK-..'Ier 20. 1965 ,,..- IIoa1"d Rooit.~~"'-ikftoo1 D1at1'1o:t om_ ,,{', c.~r103OO,''I18ta ~...~t1ilo. ~ttC!mSa 1!~1 8100 P.M. ' :I 8WI'1'B '1"0 '!lIB ft.IØ , It ROLL CALL l'1ncIJ, Pitzgerald. 1foe1, Stokes, Dempster' (9:10) IIone_ cut Manager. Ph11 Stol'lD City Attorney, sa. Anderson 'Dir. of, Publ1c Works, Prank Flnney Clty Clerk, La1'17 Martin Dir. Of Planning, Adde Laurln Clty Engineer, Bob Shook Recreation Dir.. John Parham Chief Building Inspector, Bill Benevlch Recordlng Secretary, Lo18 Inwards nI MINUTES OF THE PRBVIOUS MEETINGS - December 6, 9, 1965 Counc1lMn preaeat: Counc1lman aba_t: Stat't' present: Moved by Council_n Pinch, seconded ~ Councl1man Noel, to approve the Minutes at' December 6, 1965. Motion carrled, I¡-O Moved by Counc. lIoel, seconded by Counc. Pitzgerald, to approve the M1nutea at' December 9, 1965. Motlon carried, 3-0 Counc. ~nch abstained The Clty Clerk brought a correction to the Minutes of November 23rd to the ,attention 01" the Counc1l: Item IV, second t'J'r.. the laét sentence in the f'lrat paragraph under that It_. ; _/0I\1d read as follows: "... . have the rlght to make any .:;...:!.:¡:.",-;! -:;!ranges by Change Order...." Moved by Councl~ JP1nch, seconded by Counc1l_n Pitzge...ld, and a Minute 0r4eJ0 adopted that the Minut.s of' November 23rd be corrected aa DOted in the above paragraph. -Motlon ca171ed, I¡-O XV ORAL AND WMn'_ c___'Ìì.l.CA'l'ÌONS VRITTBH: 1. Petlt10n 1d.th about 59 namos 01" W.stacrea Subdlv18ion hoaIeo_ra rei ~re '1'reea. 'l'b1a will be brought up under Ch'a1 Ca--1cat10n8. -1- t:, I I , ':"t, ",,' 2. League or Cal1rorn1a Clt1es n:emo regarding local regula- t10ns regarding pTOstitutlon, etc. Letter trom the City lIall architect with Change Order #2. 3. Vice-Mayor StoJcea commented that thls Change Order ls for a modl1"lcatlon in exterlor light 1"1Xtures, amounting to $3165.00 In credJ.t. . ._. - 'r' ", r Moved by eoaDc11-":"f1nch, lècondedby CounclliDIn P1tzS!ll'BJ,d. to appr:ova Change Order 12. - "- : ( . ~ ~ - .:' '-'....: . -- AYES: . t\;_,,~Q.,'l'1nch, 'P1tzgera1d. 1fOè1. Stokell BAts: .,.. AæBll'1': JIr;Jor »-¡JB tar .'.: Motlon carr1ed, 4-0. Moved by CoUDCJ.~D Pinch, seconded by Councllman Noel, to accept the ~tten communicatlone. Motion carried, 4-0 ORAL C<IOIJNICATIŒZS: 1. Mr. Donald Parsons. 10530 P1nev1lle \Venue, Cupertino, of the Cupert1no-Mo~ta Vista Improvement Assoclation, said he wanted to COllDent on the molestatlon 01" children in the W1lson School area. The!Y have had meetlngs to try to get to the root of the problem. He invited the Clty council and anyone else who might be interested, to meet with them on Wedn~..day, 8 P.M., at Palo Alto Savlngs and Loan, to attempt to solve th1s problem. Mr. Parsons said the board walk along the creek, from Blaney Avenue en the west to East Estates ¡)rive on the east contrlbutes to the problem. The Sherrl1"'s Office has recommended that the board walk be elimlnated completely. He commented that things of this nature that cannot be visibly checklY.l should not be allowed ,,1 thin the City of Cupertino. Councllman Stokes sald he would be at the meeting on Wednesday because he 1s c¡uite concerned about the problem. A letter 1"rcm th~ Cupertino School District 01"fice was then 1ntroduce-:1. The City Clerk read the letter from Dr. Che_rles itn1.ght, Superintendent, sapng they are in- terested In having a 6' wide, blacktopped easement, with roO tence, in the above-mentioned area. The Clty Manage. said the Clty ls working on getting th1s problem resolved. It involves an area about 100' long. 2. Mr. Don Marini, 20211 Marita Drive, Saratoga, spoke about the recent Co-..n1.ty Survey conducted by the Junior ChaCl!;er ot Co_roe. Be presented brochures ot the results to each member or the CO~"'Icl1. He added that the JC's would be very happy to help in any way they dan to make this colllllUll1ty a better place! in whlch to !J.ve. A. WEST ACRES PETITIOR -- Re: Sycamore Trees The City Clerk read the November 23rd letter and accompanying peti t1on. Mr. Richard AndersoD, 10357 Westacre8 Drive, Cupertino, sald they would l1lce the City of Cupertino to establish a poaition on whether or not they wlll take care ot the trees or replace them. The trees _re planted, in good faith, b7 the developer. They are now diøeaaed and a decision Is needed. -2- . ,i~ ,". J ... .. ja.. .- i· 3,r. Counc11an F1neb .owed. on the basls or the Sftfonaatlon from the City's Tree eor-t.ltant. thlt.t the Clt7 _ve these syca- more trees and rep]ace them with a øultab1e~. chosen from the accepted specle 11Bt. '1'h1s motion dled tor lack of a second. PonlBr P1"I'"1"'8 C I.ÛOD CIB11'11U1 Jack OBte8 sald he lives 1n tb1s subd1v:1~0IJ aDd the' resident a would Uke the City to (1) establish al»Uc7. and (2) 4Ia1pde"'~ the Clty'S reapoaø1bW~ -18. ,¡.t it ls posl1bll, t_ -.14 Uke to ha~8 the tNU a.,i."~ Iåd .J'eÞ1...... . 'DIeC1~...~~:Ii1a,lB8t ~c 1dtb qC8lllOre treel. lilt øa1d ~ ~ tJo the" " _ -'JL~1II8 proPOU. the mota ~ to. .. INI'face aad~ up .. e1dna1Ja1. . - . " - ¡. ~ - "~... .' . . . ' . : :-: :: ....:. . . - ' ft__i â~..G4 ,it. 1IOU14 be·ó1ìøa..- -fW the Clt7 to r-... tbeII'.U¡ ,.".. bercmt s~DIK tó-~OD the ø:- pe'.198 ilPi'Q1IIIt ~~ aIî4 betore t&e .~ cto ~ dal888 to the aldol. 'I.... Be .~£:e4 the c:l,t1.- U t;beJ' reali.e4 tlat the 1'_4á1 .... rep1ac-' ot tblt ef,o '. 'I.1nI 1s the t1œnc1a1 reapaad:b111ty ot the propert7 _1'8. Mr. Sterl1ng DaJ.e. 10486 Weatacres J)r1VI. te1t It was moat important to t1'7 to save the qcamores 11' .~ ell posslble because ot the c:barIIcter they add to the street. Mr. Pr1ar, 10385 Veatacres Drlve, sald he te1t the sycamores "_ke" the street. Mr. George Abdu, 10354 Westacres Drive, urge4 the Clty to reta1.~ the trees. Mr. Ern1e HiDe, 1032'7 Westacres Drlve, proposed a compromise wherein every other tree be removed at this tlme and replace the"" and a t_ 7Mr'8 later remove and replace the others. Mr. Jack Gates said the homeowners have met with Mr. Dwight Long, who stated the Clty now prones the street trees. Now, with the Clty ¡:arka. the Clty wl11 need tree _lntenance equip:¡ent very IIOOn, which could also take care ot the sycat:lOres, probably l8ss expenslvel)". Mr. JDng had described a watering rig c0lÇlr10ed 01" a hydraullc Jet which deep waters the trees and encouæges deep rootedness. Councilman Stokes said that the he ! ~oers are responslble tor watering ot the street trees, and very 1"ew homeownera have ~raullc jet watering equipment. Mr. Paul Hark1n, Vestacres Drive, aald he had experience wlth sycamore trees in Santa Monica, and they had done a lot ot damage to the sidewa1ks. Mr. R1clBrd AnderllOD described Mr. JDng's watering system whereby aand and _ur are Jetted down to the roots of the trees. '1'hè treee .ust have speclal1y t~ned roots. Councl1man P1tzseN1d pointed out that the exlst1ng sycamores are too old tor UI1s treatment. Mrs. Ethel Sulmer. 10290 _Westacres Drive. .... in favor 01" relllOv1ng the treee. Councilman P1tzprald suggested that a written report 1"rom Mr. Dwight Long 11 1n order. Counc1J.man Pinch would like" the report to !Delude 1n1"o~tlon on how orten the trees would have to be SAn_ed. the extent 01' the dawage to be expected 1'rolll the tree8 81Dce they do not have 8haped roots. Councilman Noel said the 1i i _..era Association shou1d be present when we have this report; trom Mr. Long. -3- JIoved by Cclmcilœn P1Dch, seconded by Counc1lrlan Noel, to achedule Xr. Long's r~port. on sycamore trees tor 1;he January 3rd ageDàa. IIDtlon carried, ~-O "'.1 O' ; t 1F A. IIIIUIf OP p¡,.,~ Ci.øÐA.<n'œ - (See Jt1nI1te8 ot December " ".,,:\3. 15&.) i. PAID ÀL1'O DB¥BLo....... ~TICII (PrankUD-àah1 Developers) AppUcatloD 15''IÏi:SS~ol'' å 'lentat1ve lfap tor 3'1.5 acre :' ,'0"; , d.I'IJv(u ¡¡t." ~~- of' ~"h1n BlYd.. ~ of Starling Dr. .-,"!.12O'W APrK'Dwd Q. JI'J¡o~..- Ø",l ,'-Sort ReBo1ut1olJ ~5. 12/13/65. , ÎÍr. ,r.ftk1tn sta~ tÌat Jd. _1ate h84 .11J111; arrived at _. .: 'j;be _t1Jlg 1d.tb atp1lrtcant 1ntoratl(JD wh1cb tbe7 have not _'_-, . IIa4 a cbPtlCe to "t--.-. on th1a baa1a. be lUlkecS it they may be deterred to tbe eøI 'of tile Agenda. So moved by CouDcl~ P1tqera1d, seconded Q Councl1man Noel. AYES: lIAr.! : ABSENT: Co\JJ1Ci¡.en P1nch, P1tzgerald, lIoe1. Stokes IIone Mayor ne.pøter JIotion carried, 11-0 REP.:~ OF Tim ARcJU'l'sauAAL A'ID SITE APPROVAL COMMI'ITEE (See !C.nutes ot De<:ember 111, l;¡65) H-Cont:-::: ~r.airman 0u7 Pitch recODl!ended that the Minutes of December :-1;h be accepted as recordea. B. The C1t¡ ::erk read a letter from Mr. Channing Chrlsman re- lat1ng ~~s obJect1ons to applicat10n 209-HC-65. Dr. Ara¡; ,~ presented <;he rendering of the proposed medical- dental ,c::¡:lex, incorporating the changes recocncnded by the H-COnt~:: SpaniSh tile roof, GlOre expenslve landscaping, ellm1na.~:n ot the fence. Mr. Char:~ng Chr1Staft, Georgia Avenue, Palo Alto, said the 5' side an: :"!ar 781'\1 setbacks are completelY out 01" character wlth the :'cwn Center. This ls not Planned Community work; it ls strl; ::mmercla1. Be had no objection to the choice of bu1ldir~ ~terials. Dr. Ara::!l said It baa alll8ys been their intention to comply wlth tl:-<! City. The doctors who wl1l be owners 01" this complex have bee~ pract1clDg 1n Cupertlno for 5 or 6 years now, and "lan to continue here untl1 their retlrement. The Use Permit I18S grar..ed and the B-Control Committee passed unanimously on It. They plan to be here a long time. Also, th1s is situated on the !r1nge ot the P1anned Community. Mr. Howard Ruth. Jr.. 1540 Wlsteria Ct., Los Altos, said he has the property adJac:ent to this site. He suggested that if the plan vere tllp-t1opped so that it won't appeal' to be islandlsed and the partc:1ng 1"rom th1s and h1s development would iPterm1ngle. It would tend to integrate itse1t vlth the rest 01" the property when t'u11y developed. Dr. Arald1. telt Mr. lIu.th'a point vas veIl taken; however, the doctors would r.at llJœ to have their parking spaces used ty, say, customers ot a aupen!Brket or a service statlon. -11- ·'" . :;...... Mr. ';I)hn lIodr1&Ues said they are not objectlns to the materia1B being used or to the style ot tl". bu1ld1nga; it 18 almp17 that th1a plan 18 ailøtber example ot strip COIIIIIerc1Bl. Dr. Leo llelqeo, 2120- J'oreat Avenue.. San Jose. ..ld the 8 acres next door 18 for Iia1e and'thare 18notbSq to stop the owner trom sall1ns It, _ acre at a the. '!'he e"'8'-tlrSllg aDd t1Danc1DS are. ~ now tor t:b1a c~ex. lie 1I1ahed that 1t thè tMilSfiÍa" '-·~'~d:l.t __ MIS not _ at such. 1ätit·, ~ '. ....:tftII' tMa;'dÞelollMDt ahcN14 be jeopud1H11 on .- R¡Ipoalt1oD ot tile tiYe).o_t. ot the coDt1&u- OWl pro~.._. ^. . ., ¡;;; ...,...... ::.0. 1Ir. Ilatlî·!ftI~.·Ft4tMt·1t ·~.~t t1' who CMIIIII the property or tlbethir'cJÎ' .. 1':18on1t öl' _-faU'p.cre 10tai 'U It Is ..11 Øílllíiif,;· ^<.' . .0 .. : --: ~ . # Dr. Aftldl IiaJd tbe7 bave. tried to cClllPl7 wlth tha Clty all along.. It tllib':....·bHn told tMM th1nsa at an earl1er date It would 1'íave '_tae1ped conaldeftb17. Mr. David 'Ai".. Palo Alto SaV1nsä and Loan, sald the on1y plana the)' were a_ of tor th1a property were of a 1'O\.u1d build1ng With a recta!lgular building I'\UIII1ng behind It. These plans are ve1'7 new and have been known to nobod)', Incl\ld1ng Mr. Rodriguez. The Director of Plannins revlewed the Planned ColllllUJl1.ty rules.. The Use Permit had expired and was renewed. The Plannlng Department phoned adjacent property owners and th1s development; was also advertlsed. They had recelved no objections when It was renewed b)' thè Planning Collllll1ssion. He dld say. however, that he shares Mr. Chrisman's feel1ngs about the setbacka being insutflcient. Dr. Cal10 telt they have compromised by removing the 1"ence and changing the root materials. He teels It wl1l be a worth- wh1le addltlon to t~~ ~ty. Mr. Chrisman aald none of the adjacent property owners nor h1mself were 1n1"01'llled 01" th1s development. He 881d the earlier plan for th1s property had generous I'etbacks and th1s plan does not. Councilman P1tzgerald asked the Clty Attorney if a Use Permit In a PC-H zone should come to the Clty Councl1 1"or final _ approval. The Clty Attorney sald the Ordinance provides that all Use Permits variances have to be revlewed by the CO\1ncl1. Mayor Dempster aald the !'act that th1s objection is comlng at a late stage 1n the game should not play too heavy a part in their declsion. People still have the right to come to the Council meetlng to protest. Approval or disapproval cannot be based on that. Councl1man' lfoe1 aaJced Mr. Hodriguez about h1s legal rlght to arch1tectura1 control wh10h he had referred to prevlously. Mr. Rodriguez aaid It ls In the form of a Deed Restr1.ctlon. Dr. Mele;;rco aaid he was contused With the proc'eedings. He would like some sort ot signal IIC that tt,ey can break ground In JanWll'7. _" - COUDC. Stokes ..id the qU ll1ty of the bulldlngs speake for itself. Hobcd)' feelstnq are tmng to put someth1ng over on the City. Mr. Jle1qcØ asked If the Councl1 can.guarantee them tt>.a.t there WOD'" _be. 811)', a gas station nRt door. They will be wl1l1ng to fl1p-nop the drawings If they can have th1s assurance. -5- ,,:~,.. , The Clt}o Attome:r said the odglnal Use Permit was approved bJ' the 'City Co1lDC1l. As to policing, the CIty Attorney i'elt tlBt . Pla-« Co'V""~'t7 where various owners would come and go, that _ cooperatl(.'n be retained betõoeen the property 01lDØ'8. Be A1d that Dr. RelQCO ls In order 1n asking for the a.1N1'8DCe of the type of deve10¡8eDt of the adjacent propert;v . IIQœ' ~_I ~øai" be ~ be wUUn¡s to att-u1ptdto deviSte ted _c~.ot;.~ 1dIeft'" the deve10pen wo be pro eo 1I1tJdD·,..cfÇ,08¡, CouDcu.ID ftt:qea1d l1li14 the propoHd b".d.1d1D8. by the 111.7 U_;IIetN_~...JWI1;T. ySoJAweL the named Ca~nrl ty Oro! i- +if' tIw.D'-d".~:'~iðo4ltqn an ~ to filp this plan <1fti' .. 10118 aa there 1I1U be 110 .oN ob,fect1oD8 to hold up tbe1r p'-"- deve10.-at of tbeir propert7. . Dr. ~~1~ .t.àÍ4~5 rear yard setback and 10' setback be~ the no 1Iu"1!Ì1-. on thelr proPl!1't7. Mr. Davld La1Dge auaeated. a parIdJIs ratio N:laxatlon tð give tbeal :DOre ot a re&t""yard,..etback. V1ce-lllQor..8toJcea aaked It the:rwould be willing to have their arcMtect redo the plans and having a special llleet1ng wlth the City Councl1 so as not to hold up their ground-breaking date. Councl1man Noel asked If Messrs. Chrisman or Rodriguez woulO object to the 5' setb&ck in the rear. Mr. Rodrlguez sald he would not. Mr. Chrisman said he does not like 5' setbacks in front or rear. but would be happy to work with these folks so that they can get going. Moved by Councl1man FitzgeraldJ seconded by Councl1man Pinch, to approve application 209-HC-05, subject to the building belng 1"ll~-1"lopped and that the 1"1nal OK Is to be given by the Buildlng Department. AYES: NAYS: Councilmen Pinch, Pltzgerald, NOel, Stokes, Dempster None Motion carried, 5-0 Moved by Councllman Pitzgerald, seconded by Councilman Noel, to approve the H-Control Minutes 01" December l4th. AYES: tlAYS: Councilmen Finch, Pltzgerald, Noel, Stokes, Dempster None Motion carried, 5-0 CITY PWnmR'S NarE: The original Use Permit was ret!cmmended by the Planning COIIIDil!sion on 2/10/64 and approved by City Council on 2/17/6J.¡; It did expire. Appllcation for the now valid Use Permit was made on 10/22/65. Hearings be1"ore Planning Comm1ss10n were advertised in the Cupertino Courier on 10m/65 and posted {although thls is not actually required by the Ord1narice}. The Asslstant Planner contacted the County Assessor's Office to get up-to-date lr~ormation on ownerahlp of the adjacent property. and phoned the A,6ents of Record (Jolm Rodrigue:J, Jr. and Valley Tltle Company) on 10/26/65 in order to alert them and to advlse thelll that thelr clients could COllie in and review the plans re- lat1 ve to any posslble problem. The Planning Commisllion recommended granting of the Use !'eraa1t on 1118/65 by '" 3-0 vote. The City Councl1 approved it on 11/15/65 by £¡ 4-0 vote. V1ce-Mayor Stokes called 1"01' a lO-minute break at 10:00 P.M. -6- .~': f .,~..... (.:. ".~;..:' ":;¡'t,¡) :' ~i,¡ . . ' . ~. ,... '. ..Htins ~0U1"DI4 at 10:10. with "'J'(,r Deaplter P!'iIWng. v 1. 1'IUD AL"IO DIÎVIIDIÍOIIft COftIœATIOIf (Prank11ft-JIahl Developers) AppUcat10D 15 !II 65 ror II '1'8ntat1ve Map ror JII.5 acre deYelo~t. ~ or JIboth111 Mvd.. IIOUth or Starl1n&....Dr. AJIIII"Oftd _ pI--«.. eo.1a1on Reeo1ut1on 315., 12/1~ 1Ir. Dn14. ft4 ....¡~ 2383 ~ Dr.. SU1:a Claa, 1&14 thq .... Ja. ~ . . td.tI¡ CaøI1tSone 13 8Jd 1.11; It .. ~ .CoIId1t1~ 15111í1â u.:r ~'III'to d1ac1l88 1I1tbtœ eo.-11 . ~h1a...I iI... .. . .,: . .. -UMí ~ Iota f..~116. to 101 lie- ... ,*,..u'tor. 11.... bettai' "" : '. ....~.: Uifit 1iOq1d:1Ie8D .,.--u. of tile ._,.. , .' ,- .. ., ~t teel~. .tu" 18 neÌll11"t(If - .....-aøt tœ &1J"'.1 ita. Be doee DOt tee1 It; 1a poð I",__h. to "ft aoo_ bet-lIun ....,.- CD 'U_. . *JV D V tel> ...... tor c--ntll ~ tœ au41eDCe. Counc11aD 8toIIIH a1d œ la not 1ft ~..a_t 1I1th Cond;;:tlon 13. Be t"U tJda .......,.. be tboroughl)" exploftd, notlng the ¡:robl. 1tb1cb .. d1.ac1aaed earl1er th1s evening regarding the board a1k 1lllU'1f118oD School. Mr. Pranlr11n 1&1d he ... arranged to have an easement between the pover linea. 6' temporary asphalt p&vt>ilent, no rence. Mrs. J'uan1ta IIcLaren. 1657 BI'oolrYale Drive, Sroll Jose, local real estate tm:Iker, reels 1t would be umr1se to have people go through an B-3 subdivision to sell homes ot th1s h1gh quality. She doea not bel1eve a developer ahou1d be requlred to put 1n ott-ølte atreets. The Director ot PUblic Works displayed II blown up ..p ot the trattlc circulat10n 1ft th1s ~a. Parking could be el1l11nated reducing It to 2'" section w1th sidewalk on one slde. Alpine 1IOuld be an a1t_to route not the _In street, Into the subdivislon. Be aaJ« d 1t it wasn't th1s developer who d01ll'l- graded the propel't7 along Pooth1li Blvd. by aaking tor and getting WNltip1e zoning there. Mr. Prank:'ln ..ld he did that because he needed a butter. TM Director ..ld there ia a dra1nB8e out1'an probl_. and he would Uke to see a grading plan. Be Aid we have the easement trom Cook at Wilson. Mayor Dempeter did not see the necessity tor Alpine Drive. Councll_n P1Dch tee1. the street has to be there. The Dlrector ot PUbl1c Works ..ld the School District wanta a street under the ¡:>Oller line. The people do not want an laolated 1I8l~. Councll-.n P1ta&eft1d ..ld he was originally tor putting 1n Alpine. As 1oDs.as "tt get an easement tor the school klds he now doea not ~..1 Alpine Drive ls needed. Mr. Milton 1IID'nbaI. associated with Prankl1n-Bahl, does not teel Alpine 110~ ever be- Signalized because 1.~ ends up In II gulle7, acroa. JIooth1ll Blvd. It _s the reac -tion ot the Director ot Public 1'/orka that Prank11n-BabJ. be required to put in the street under the power l1nes. - -7- Moved ~ Councl1,.u pttzgeråld, seconded by JIa10r Dempster, to approft appllcat10D l5-'Dt-65, excludlI13 Conditi.on 15, as rec _led 1»' t;be PJ_1ng ColllD1ss10n. AYES: Counc~ P1J"~ld, Moel, Dempster lIAr.¡: OouDOl~ _:ftDch. Stokes :. IIot1oo carried, 3-2 t(f.;.:::; , . : ..' P·l.iì 'roBLtC ~: - !:\ ;.- t1>..v'>' " *~ / _. A. ."U.- .. (...... ProperUe!) ~:... t10n 8-u-65 ~ ~ ,,". ,.. .:~,,scraote oD!t~O""'I$'t" r Develop- ,; .~;:' ;"")) -' 111 . ..... ·...to otilb7 .&~.'~rth ot .... '-<'C' ..~ .'. ~'fed bf PJ. ÑIOt4,,·C(IïIìÞa1oD t;:;. ø..1~ '!:';þ.~' tpPea1 1'8 cond1ti0n8"fa&lt1nued t1"Oll < >lJ ,. Dacr~;;¡.01~)..· The DireCtor or P'--'18 said the Resolution baa been changed. per the ..hor"'P,t1ecI~ upon by the Clty CoUDCll. It _s clecu.ð to aclude any reference in the Resolut1on per- ta1D1Dg to IIU7 A"-. The Director ot Publ1c Vorkll aUd EIth1blt C .." approved. The ExMt:l:, as called out at the top of the pege. ls correct. Mr. J!1ttelman 8814 he will send out Exh1blt E. Moved t:7 Councl:ÞBn Stokes, seconded by Councllman Noel, to deter s;;pl1catloo 8..u-ó5 untl1 January 3rd. Motlon csrried, 5-0 VII ORDIs;.¡¡CSS AND RES()TJJTIONS FOR ADOPTION A. ~INANCE NO. 220-9: Adoptlne Regulatlons fo~ Residential S1ngle-PUli17 Zones (Rl a: RlE), Ree ident1al Duplex ZOnes (R2) and Residential Multiple ZOnes (R3); and Por Resi- dential Use In Agricultural Zone!! (AI); and Declaring The Ursenc7 Thereof. APproved by Planning Commiss1on Resolu- ~Ion Mo. 316 on 12/13/65. '1'he ?lðM1ng Director explalned that the Plannlng Co...Uslon ame~~~~ Sec. 11.8 b 80 that accessory buildings in the rear ya!\i stall not be subject to sIde yard setba,;k requirements. TheN vere also a f'ev edltorial changes. Co=:~l2D Stokes f'elt they should a10pt the Ordinance as it now ex~stB and carry througt. the changes at a later dat~. The CIty Å~~orne7 agreed vith this thinking. Co"""'~~ P1tzgerald noted that it could work a hardshJ.p on some jevelopera if' a new Ordinance were put Into e1"tect with- out ~¡-...,ir havins t;1me to study its ram1ticatlor.3. The Clt7 Attorn67 adv1aed that OrdIna."Ice 220-H should be ado~ed exact17 .. the present residentlal Ordlnance exists except that the urgenc7 clause is dltferent because the pre- sent ~ency clause no longer applIes. So moved by Counc. Stokes, seconded by Counc. P1tzgerald. AYES: Councll_n P1nch, Fitzgerald, Noel. Stokes, Dempster IlAYS: None Motion carried, 5-0 -8- B. (IU)IHAIfCB 110. 322: AJIIIrOv1ng the Annexation of Certa1n J Contlp0u8 Un1nbab1.ted !lérrttor.v Designated' "Merr1m8n 65-3" to the C1tT or aaper't1nci. (Second Read1ng) : amKI b1 Couacu.D S1õŸ-, ~lIded by Councl~ Noel, to Jawe ()rd1œDce 10. 322 r.-4" title only. "J 'l~ ".-' _,.' .' øót;SGIt-QÜ'I"1ed, 5-0 . "c". -.-..... a». _ü~1e "':NIid b1t1Mt City C1ork. 'f$ .~.~ eoo-,'T_-'bt."jjr"",,,,, b1ColmC1la8D Stoke8, to ,1..... U"'. 0rIUDaDH ... ~322. ., ., If:" :'-~:-Ir ~n.... ~ fttliPrald, Noel,' Stokes, Detlll8ter . ~. -.at ··'1oDe .... , ., ^'l ..."- /.. . . ~ carrted, 5-0 . ,i:' "~: ~- e. R&.'JOWftCII U07. -_...~ OP 'l'IIB C1'l'! COUJK:IL 011 '1'HB orrr fiI W"MU~ w..-~ mrICB OP- '1'BI l'ROl'CSBD A...-z&- ftQR fiI Cl!RTAD "'_. -.'<:.... T1!IIRIi'CRY '1'0 SAID crrr.. DB- t.;1U.IWU SAID ~........~ AJI) DBSIOJIA'l'IJI) IT BY '1'HB - 011 S"'IIU:nn PARI[ 65$, lfinwl CBR'l'AIN PINDIJ«JS IIBSPI!C'1'IJIO . ~ SAID PROl'OSAL; All) OJ. y~ JIOfICE or TIME AND PLACE SAm COUHCIL WILL HIIUt muDIoTåI '1'IIEIŒ1'O. BE IT RESOLVED BY THE CœHCIL OF TBB C1'fT fiI CUPBRTINO: lløftd b1 Co:.;nc1lman P1ncb, seconded by Councl1man Stokes, to aðopt Resol~t1on No. l207; Bearing date to be set for 2/1/66. AYES: Co=~llman Pinch, Fitzgerald, Noel, Stokes, Dempster aT.!: Nc::e Mot10n carried, 5-0 VIn PAYING mu.s A. Resolutlon No. 1203 and 1204 Beeo1ut1on JIc. 1203 wa. ~d by Treasurer Pitzgerald. lløved by Counc1lman Jfoel. seconded by Councl1man Pinch, to adopt Resol~tlon No. 1203. AYES: Councl1lllen Pinch, Fitzgerald, Noel, Stokes, Dempster "YS: No". lløtlon carrled, 5-0 Resolution !ie. 1204 was read b1 Treasurer Pitzgerald. IIoved by Cou.'lcUman Stokes, seconded by Councilman Noel, to ~opt RellOlut1on Ho. 12()la. ~: Councilmen P1Dcb. P1t.zgerald. Noel. Stoke., J)ea!peter ays: lIc)1w IIotlon carried, 5-0 D'. DI'OR'1' t.." OPPICIiRS A. RBPO!IT OP CIft ftBA7·-& No further report. B. REPORT OP CIn )III1f."- ---- See written report. -9- C. IW'OR'l' or DIRECTOR 01" pr.œLIC WORKS 3. . 4. -:' 5. 1. Re1'err1ng to h1s wr1t:~en report of' Dec. 11. 1965, he 8tated that: RIIDIAJ!T CRErK ~ J JIgIJtT CULVIIRl' proJect ls c.-1ng along beaut 1 t'U1l7 . ~tr.1IIII pró~ect ..,. tine to be dela7ed beCaWle 01' the a1na. œ.-_~ C1ft ~ _~.ctor 18 -YiDS rJ&b~ .]0"18. ~, . . . ~ . ..._ eIIMwaD ) . a. 1mD' _.!la"UiÌIiI' -- tile p1.aII8 to OM ~c.... 1Id.1\ 18 too. ~ to ~t otMr tbaD 1dDo.. o1......øtr ft&IIt -. . !be ])1reCtor or ~ VoI'tIa rec I lIISad tile COUDcl1 aeIIIS a letter or ..1at1oD 01' ~ to t" sate ...,-.. DLy4I"'- to øpad1te the VØt "'11.417 ~__ ~ t1'OIt .......:CJ¡ ,.. IIlwd. to l\ddPft"O sun ........ 13'. '!'be C1t~T D~~ a4Y1Hd . 8t80lut1oa to th1a etrect ~ lie 1D or4.... It _8 so ordered¡ aIIII carr1ed ·--17. 13. PrBnkl1n-Babl 'ftdn ~ Un1t 13. III or4... t/) _t coaaltment date on six homes in this 8I1~Y1s10n, the subd1 Y1der put up $600 ~nd to ensure (-~let1~n or grading when the groWld 18 aurnc1ent17 dr7. 1111s greding has been ace_pushed ar.d the deftlope,- 1tOI1ld 11lce h18 check back. 12. MINUTE ORDER: So IIIOved by Councl1man PinCh, seconded by Councl1an Noel. Am, Councilmen 'lnch, '1 tzgerald, Noel, Stokes, Demrster NAYS: None Motlon carried, 5-0 MI1IU1'E ORDER: Moved by Councl1man Stokes, seconded ~y Councllman P1rJCh, to a<1vlse the appllcant to inc~ude In the cond1tlons ot the aceept- sn~e or tt.e Tentative IIaI' the f'ollowlng: 1. Satis!'actory grading plan be produced regaro.Ung lots 10 through 13. 2. TI-.at a su1table dra1nage scheme be pr:)vlded showing the ID8thod by which the surtaee water w111 be disposed or; all to the aat1atact1on of the City Bnglneer. MOtion carried, 5-0 Mr. Theisner asked about the P1nal Oradlng Plan tor Bay- wood #5. He sa1.d there are about 4 yards or 8011 troll! "t!'<> lIIOu~l;ain" In hls back yard. The Directo.. ot PubUc Works said Mr. CrwDP has stated he would take care or this condition. Councilman Stokes stated that he felt there would be no probleo once the gutter ls put in. , -10- - '~'~ ~~~); , , /~/t:' ",::',» , ~!~. D. RKl'ŒI'!' OP C:rTY BM}.LJ!U<aft MAHr AWIIJB MAIN (2- _ter servlce) MARY AVENUE, :lTJSvu'S CREI!It 'l'O PREl\WAY. Upon nKD -dat10n of ~he C1~ Bng1neer, It wall IIOv6ð ~ Counc1:ÞID P1tqera1d. eec ..... 1:11 CouncllaP IIoel, to adopt; IIe8olutioD Wo. 1205 ......vt1DS Mv1alon ot B1ghwa711 -U~Uj.Q" ....._1 L #- Wo. 388.~· 8IIIS ~r1S1ng execuUon ot -. _. CD1mcllmeD ftDcJJ. ft., iV""1d, Noel, Stokell, D þote '_I ... IIDUoD aIIft"1ed, 5-11 .. UIOIìr (If ern A'rx(~--- 2be C1t7 Attomey ~ Be8o~l.on 110. 1209, GrsnUDs of' --a _t tor P.O. . B. .'oved 1:11 Councilœn lP1~zsera14, seconded by Councllaft -"1. t;bQ"; RellOlut1on No. 1209 be adopted. . A~: Councilmen P1J>eh. JP1~sgerald, Noel, Stokea, ~t:er .'IS: None MotloD carried, 5-0 1" . REl'OR'l' OF BUIWIHO IJISf'BC:l'OR -- None O. R!!PORT OP RECREATIœI DIJU!C'l'OR 1. Th Director announced the fonnation ot the Th1rd Anm.:al Basketball eo-1ttee, .,hich wlll _t .lan. 4 with Dr. DeHart of' De Anza College, regarding ua. of' school property. B. flBPORT OP DIRECTOR OF PlANNINO -- No further report. X UHPir.'!IIBED roSINESS - None XI JŒW BUSINESS 1. Coune. Noel wished ever70ne t!!'rry Christœa . HaPPJ' ... Y..r. 2. Counc. Stokes announced the TratUcways Coa.1ttee 18 be1nC dlsso1ved and a Tranaportatlon Committee ls tak1ng Its plac.. 3. Counc. Stokes fas concerned about the drainage channel nm- n1ng through the Id7lwlld subdivls10n. He requeated the County be not11"led that It needs to be cleaned out. The Director of Publ1c Worka aald he would check thia out. xu AD.JœRRŒRT Moved by Counc. Noel. seconded by Coune. Fitzgerald, to adjoum the meetlng at 11:30 P.M. APPROVED: /s/ J. Robert J)emPllter Ma;yor 7........&: t'~ .' It.lt.~-c:::: , - . C1 ty Clerk -11-