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CC 02-07-66 - 10321 South Saratoga-Sunnyvale Road Cup" Uno, I:&litorn1a, 95014 . -. . phone: ~52-1¡505 CITY 01' CTJPERT.INO Call1'onda . , . .G-..b- _ BE lU!DULAR MEB'l'DfG œP !lIB C1ft COUNCT::, - February 7, 1966 ".acar .......".. 1IooIt. CUper1;1pø ,~.r,"'l'1ct ~rt:1~e ,~~ viata DriVIt, CU~ , '.2. '. .' ·r. ..~~;,,, &bt P:'JI. ..·.,fl';' ~ . % ... _ ~. TO '1'IIB PUG D ..... CALI. (1(...... ~41 III present: P1Dch. P.l.t;sgerald, Noel. Stokes, Dempster c.o....cll11en abaentl None . Stan' present: Clty,..-ger, Phil Storm City A~, sam Anderson Dir. or IRbUc Works~' Frank Pinne;y CltyC1erk, Larry Martin Dlr. or Plarming. Adde Laurin City ~~""er. Bob Shook Recreation Director, John Barham Chief' mdg. Inspector, Bill BE:nevich Aas1Btant Planner, JIm NUzum Recording Secretary, Lois Inwards 1::1 JUJIU'l'jSòS OF THE PREVIOUS iu~ln.uIG - January 17, 1966. JÇo-red by Counc. Finch, seconded b7 Counc. Noel, to appro'le ~he Minutes of January l7, 1966. Mot~on carried, 5-0 ¡V 0iIAL AND WRITTEN Cœ!M,"NICATIONS CF..AL : 'nJere were none. ..ru. °rl' JS1'f: 1. Letter from Mr. H. Kohlmoos regarding the Height OI'1il'12.nr.c 2. Cityîfall Architect's Change Order No.3 f:or $120.0(:. 3. Letter f:rom Community ColD1cll stating the Board of: Supervisors have proc1.1-! Pebruary l7th as "Poster Parents' Day," and ask that the individual cities do the same. ~. Letter f:rom Richfield Oil Co~pany asking f:or a pos~pcnerue~ on their appear ot the p1-:.~r~ Commission's deci8ion on application 19-U-65, until ~ebruary 21st. So 1DO\'ed by Counc. P1Dch, IJeconded by Counc. Stokes. Motion carried, 5-0 -1- 10. 11. 5. Letter from Sacrallle!lto regarding the Camcl1¡;¡ Fe5t1V3J,. Notice from Santa Clåra County Inter-City Council saying that Mountain View 111 a potential state college site. Letter trom Dirtlllon ot Highways. regardir.g AB 31;04. about the hearing OD. the adoption of a new state highway route. 6. 7. 8. Letter of aìJpèa1· tftir· Barbor Service Station. ~ the Plann1ng Coc '--'em'. dèn1al at' 11se PeriD1t 1-0-66, tor the BOutbea81; ~r or Foothill Blvd. and IIcCle1lan Road . 9. IIoved b7 counc. StoJœOI, seconded b7 Counc. lIoel, to set JPebruar.y 2l. 1966. _ Bearing date ror applicatiOn 1-11-66. Motion carried, 5-0 Letter f'roIII D1rect;or of PlIU!J11ng, City of san Jose, stating that Februar;r 8th, 6 P.M., has been set ,for the Public Hearing ror the Revised General Plan. Letter from Mr. Will V. Lester, endorsing the CIty Council's action on appointing Mr. Louis Stocklmeir as Cit... Historian.' Letter from Mr. Gratan Hogan regarding Assembly Bill No. 1150, regarding open space in subdivisions. MAyor Dempste~ recapped the Inter-City Council meeting on this subject. Counc. Noel suggesteè the Council instruct the City Manager to draw up a Resolution supportir~ Assembly Bill No. ll50. 12. Letter trom the Amerlcan Little League, aSking permission to use the high school property on Stevens Creek Blvd., at Miller Avenue for a carnival and asking tr.at the busi- ness license be waived, as haS been done in previous ~ear9. So moved by Counc. Noel, seconded by Counc. Fitzgerald. The Ci1-Y Manager noted that this property is up for sale and the American Little League must get Cour.cil approval in case an alternate site must be used. Motion carried, 5-0 Mr. Bill Romans. 6714 Devonshire Drive, Sar. Jose, repre- senting the Cupertjno Little League, said they have an alternate site, in case the Stevens Creek Blvd. site is sold before the œntl.val. He understands .hat this char.ge ot site would have to come before the City Council for their approval. Moved by Counc. Noel, seconded by Counc. Fitzgerald, to tile the written comaur~cations. Motion carried, 5-0 7 A. REPORT OF PLANHIHO CCMMISSION (See Minutes of January 24) -2- Chainsm JohnSon sta~ ~1õ t;ne .xø....1 ~".._~~.- .-.. ..,.. been l'IS)ved rro. tile ð!l..,..,tAr because it does not con- form with the reguIat:1Gm8. The rezoning comes ~rore the Council at this meetIJIK. Chai~ JohnBon IIa14 UIe 1ess-ofrensive, non-contorm1ng use proposed b7 J>r. ","'- <electronics res_rch and 4eveloJllel1t rather u.a..-a-b1ng storage ;vard) .. '4eÞ1ed, '-l. -' "'. - , . ~"..';' ., ',,- ,. .~ .'- . Cha1nan Jo'J1IIOD.e6J4 U. arbor Service 8tatlOo at JbóthUl RI.·xi.,...... 7 ~1'1J1oed was den1e4 10 tile plbl1c -. 'interest o' Md·O'>-:·~--- .øI welta1'e. -' -~-- - '.. RBt01ft OP ft& M j{¥..?{ J;;f~;. _ SIft Al'muvAL e>.eurrJ515 '(:Iee IWmtell ot I':' ·...œ...s 25. 1966.) -", Cha1man Pitch re-e J written. Mo"ed bT Counc. St:dlP-'. _nded 117 Counc. JIoe]., that the H-COntrol II1JIUtee or .11U1U&17 l7th be approved as read. - - tile JI1m¡teB be approftll as Motion carried, 5-0 Cour,c. Stokes asked tiat the Minutes of JallWU'7 25th be table:1 ·x.til the JJeItt _ting or, if this is a hardship on SODe of: the appl1c:aøta. just until he has a chance to read :!"_~. ('ounc. So;>:'. asked ror cl.a.r1t'ication of the itel: under UNPINIS:-::::::> æSIJŒSS ~ the posll1bil1t.y or ti:e Copcla '-:.==a Parlor being over-exposed. The Chief atild-:.~.¿ ::-:spector recapped the situation whereOJ' the H-Con::-:: passed a .,-:1.= that Mr. Copola could chance the s-:'~ =:-: the tron<; o~ his build1ns and have a sign paint<!'; ::~, .he side o~ ~!:)e building if he would ~.ave the roof ~~;:: :-emoved, eye: ~hough he st1ll qualiried ~o:' it under :::e square foo2g~ allowed ~y the Sign Ord1nanc2. The rx:: sign has not been removed as yet. Ma:ror I>empst:c!' advisl."; ::-.e atild.1Dg ~pector to have Mr. Ccpola appear at tt.e ::¿xt H-Control aeeting to resoll1'e this s1.o;uatl:m. Movc= :y :":.Il1c. P1tzg~d, seconded by Counc. !;o~l, to appro';: :::~ Minutes of' 7ebn¡ary 25ti:. Motion carried, 5-0 --= i'UBLI~ HS.\.. ".:~S I.. VALLE! 7:7,;,£ CCJU'Aft (!age Properties' Appl1ca!;:'o~. 8-U-65 tor a tIe ?endt tor a 5O-acre one-family Cluster ;)evelop- lDent r..t:-.ln a PC-B ZoDe. east ot Ka17 Avenue, ncrth of Stevena :reek Blvd. Appro"ed b7 Planning COCZI!ission Resol...o;1;)n No. 301 azd JIg. 305. Appeal re con::Ut:'..on:> (cont1r.u<!d from ;;ra-? 17, 1966.) ~ Direc.cr or Public 1IbrtI... 41stributed copies of his t:hr~,' page report cf the ~ n~t improvements that wo...,l:l be acceptable f::r Mary Aveaae. :In s_r1%~"1ò.. the cost ~own is aa follows: College ?ark $'5.000 Put~ ~e\"elopers 25.000 City cf' (;v.pert1no 30,000 ~ total Mary Avenue pro,ect 1f1ll run $100,000, :'roa Stevens Creek Blvd co the north :l%De of' College ?ark. -3- COImc. Finch asked _ we are not placlDð the burden on the developer, as. we )aYe alway" done 1n the past. Counc. Stokes said that, in essence, if this proposal 1s ac- cepted we are pos1;ponbIg 1;he tear1l".g up 01" 1;he existing pave- ment. Counc. Finch asked 1Ir. JUttelman it·he is in accordance with this cOllprolll1se. 1Ir. II1ttelalaD countered bJ' asking 11' the City has a definite po11q ~or the extension of' *1'7 Avenue. . ~~:.; . Mr. JUtte~ tbeD: IW.l ,,,up t;be J01nt ot the ~ing strip where Mary Avel!Delf - .1:0-8"._ CzoeeJc Blvd. lie teels the planting could be8t:1Ie IfOI'ke4 out bJ' the Ci tJ', alons With the laDdBcaPing ot tMrl, -.. M.'" rate, be '"1)1'1<1 11Jr. this matter lert UDtU ~lft,_P staJnr. Be qlrll4 tor a reduc- tion 1n planter strip 1d.dth troll iOT - to 6' in the center portion where 1IU7' &-.. abuts t;be treewQ'. As to the cost shar1D8. 1Ir. JUttelan said the Director or Ptlbl1c Works propoe_ the the developer P87 twice as much as the developer proposed. Be reels 118c11an strips aDd overpasses are not the developer's responaibility. Counc. Stokes asked the Director of' Planning what the total percentage or streets wauld be in this development. The D1recto:' said that in an average subdivision the percentage 1s 25. ~ut here It ia 2qt;, and these are sub-standard streets. Counc. r:õzgerald a~ked Mr. Mittelman if' he could go along with õ:-.e D1rector of' Public Works' proposal. Mr. Mittelman salà r.e :-.as agreed with the compromise proposal. Counc. ?lnch relt that if the developer Wer9 GO put in curbs on !:'o~:: sljes, that the City should take care of the planting. The Jlre:tor of Public Works said that 26' would not be adeq'~:e now. The Dl:"e~tor of' Pt;blic Works aaid tt.at one possibility is for the r1;;r.: of way 1;() be shifted over to take an additional 20' of the ieveloper's property¡ thereby utilizing the exist1n~ pavl!:~. Mr. Mittelcan _s not in favor of' giving up that 20'. He :::e!: i"trodu"~ r.1a suggestion for a change 1n Condition (4), as f"ollows: ftConil:1~n (4): Delete everyth1~ after the second sentence (6th Ii:-.e) and 1nBert 1nBtead tœ following: ~7c:.:::' Mary A'/en~e right of way shall be as shown on E)::-.H:1t E. Applicant shall be required to d~icate !:e:essary righ~ or .ay and to complete the street base, ;:e'."ing and lDOuntable curb section on the northerly and eas:erly side or Ma~ Avenue as shown on EXhibit E. 5a~d work shal1 be accomplished or bonded for in 1nc~ents that bears the same proportionate relatic~- sr.1¡: to the total length of frontage on Mary þ,venue as each increment ot development bears to the total area of subject property.' The Di:-ector of Pub1ic Works said they are asking for l¡0' 0:1 a 60' right of wa7. Counc. Finch asked where the City would get the necessary $30, (X\). If the subdiv1.d.,r isn't required to put it in, we might lose the divider strip altogether. Counc. ~tokes ree1a the property carries the responsibility of the major stree1;.abutting it. -4- '.' Mr. Mittelman said his original pr.".)posal was for a number of cul-de-sacs open1ng onto Mary Ãvenue, which might substan+:ll\te thiB thinking, but the Planning Commission was against tlú,s. Counc. Pinch lltated that lllary Avenue will, ultillately go through. Mr. MittellllaD feels the J:ledian striP 1s needed, not because ot h1a proposed ~elo¡aeøt ,but because 11&17 A veme w111 con- nect CUpertino tI1tb~o1.n1Jlg dties,am, therefore, should ,not be the~pón81'11ft7 or the,develo~. . COUDÇ. P1~'notêd tlat we Ia.. _ d01ID rro. a 90' street to18'~tbê C1tT sbÞ1U4 not be eQeCteII. to p1.ck up th1a extra coe1;. Otber developers lave been' requ1red to do tbill. Ve Iil'rit SDDè as' far as we CaD em tb18. Mr. Mitte1.1aD ea1d theC1t7 would ..., 1ft etrect. kUling the project it' these 1IIpro.-ts are t'orced upon the developer. The D1rector ot' Public Works aa1d tlat 1Ihat he proposed thill evening was 11 bare 1D1n1JuD that we could lIve with at this t1me. Perhaps a bond1ns procedure WQuld be In order. Counc. Pitzgerald allked the developer If' he _uld volunteer to pay any portIon or the $30,000. Mr. M1ttel~ Bald that hI;! would not. Be te1.t tœt it would be an 1IIIpollIt10n to require them to pay for median stripe that do not serve the project. He f'elt there was a pr1nciple involved here. Counc. Stokes said it was the developer's opinion tnat Mary Aven~e does not serve his project. It ill the opinion of the Cou::cil that it w111 serve the entire city, including tMs d·!velopment. It 1s the policy here for developers to develop ar.y majo" streets that tall along major streetll. Counc. Stokes added that we have had a lot of trouble getting the overpass for Mary Avenue, and if .. compromise here we will have more t.'O'..lble. This is a major north-south street, which wlll serve the college. It would be completely irres- ponsIble to even consider this proposal. Counc. Stokes feels a 90' street is needed here. We must have foresight as to the traffic which will be genera too here. He feels we should have four moving lanes of traffic plus t~e two parking lanes. This is an 1nter-city street which connects with the express- way. Mr. Mittelman then summar1zed his numerous meetings wlth the staff. He then requested the City Councl1 pass a Resolution ton1ght with the conditions lmposed. The City Attorney felt that, in view of the submission made by Mr. Mittel~ and the inforŒAl position taken by the Clty Councl1, the statt should be instructed to prepare a new Resolution and recommendation, taking these new development3 1nto consideration: 1. Section alons the treeway reducing the median str1p to 6' and ask the developer to bear the fUll cost. 2. On eIther end, where other sutdividera wO\lld enter into the picture, bear halt the street and half the medlan stri,,; where the property abutts the freeway we would expect the developer to p1ck up the entire cost. 3. Direct the Director of Public Wo:-ks to prepare a Resolu- tion incorporating these factors. -5- Moved by Counc. Finch, seconded by Counc. pitzgerald, that the street 1øIproVelllentB be put L"I as per the Director of Public Works' recommendation; the developer to bear the cost of the median strip on that portion of' Mary Avenue abutting the treewB7, and half the cost on those areas that do no'; abut the fl...e_J', and that the Use Permit be amended to bear this out. Counc. Stokes quest10ned the putting up or bonda in increments. 1nat happeua to *17 A"BllUe it' this pro.Jttet stope berore coçleted? 'rile C1Q Attol'rle:Y aa1d the developer w!lo purchUes th1B proJect rrom the present developer would take o"er th1.a 1"espaae1b1l1t7. Counc. Stokes then qree4 tllat the streat could be _·111 1n'1nc~ts, .. the deve?-O),~. lilt tu~....sses. 'l'tIe queøt10Þ arose whetber the CIQ cou14coÞ11'.!:!on th1a Use Pel'll1t on the besis that the proj8"t be D.~'.; In froIII south to north. This was not resolved. AYBSI Counc. Pinch, Pitzgerald, Noel, Stokes, J)elllpøter HAYSI None Motion carried, 5-0 Moved b7 Counc. Fitzgerald, seconded b7 Counc. Pinch, that it i8 the Intent of this City Council to establish Mary Avenue as a through street. AYES: Counc. Finch, Fitzgerald, Noel, Stokes, Dempster NAYS: tlone Motion carried, 5-0 B. RICHFIEID OIL CORPOR'TION: Application 19-U-65 for a Use Permit for a Serfice Station, northWesterly corner of Wolfe Road and Richwood Drive. Denied bï Planninp: Co~~ission Resolution No. 318. Appeal. (PostPOned to February 21st) Mayor Dempster said this item has been postpor,ed, upon th" request of the applicant. C. ANNEXATION: Approving the Annexation of Certain Contiguous Uninhabited Territory Designated "Stelling Park 65-G" to the City of Cupertino. (Ordinance No. 328) Moved by Counc. Stokes, seconded by Counc. Fitzgerald. to close the Public Hearings. Motion carried, 5-0 Mc\'ed by Counc. Fitzgerald, seconded by Counc. Finch, to ¡¡-we Ordinance No. 328 read by title only. Motion carried, 5-0 The City Clerk read the title of Ordinance 328. D. ORDINANCE 220-G: An Ordinance of the City of Cupertino Amending Ordinances No. 002 and 220, Regulating the Height of Buildings and Other Structures, and Including Certain Other Regulations for Television and Radio Aerials. Recommended Qy Planning Commission Resolution No. 320. -6- The Dire.:tor of !'1&nD1nS aa1d this Ordinance has two parts; the fira': part, stl'UCtUl'Ø. 11 not controve1'81al, ~t there haS been :onslderab:!.e p¡Þl1c inte:est in the second part, aerials. TÞe Director øa14 be, personally, agrees with the Director of Public \<orlal, except It mat be so worded so that an antenna which CODSUtB o~ a 81D¡µe verticle "!1_nt not to exceed l- :21BJDeter 1. .·n(Oled. 1Ir. IIa7 IIcVard. 101158 a -v J)r.1ve, spoll:~ tor a &rOup or m. o¡lere.tol'll, tal· n l . , . 'to __ abeNt the l'larIn1ne CoID- "'I1aalon'a ~ ...tSGIIII. J'olloW1D8 are their þ..~poaalsr Sec. 68.1 1!tfa.,hiiIC~·· ':;:.t1;aÖQD ~ .~, to 6068" __..~ _.......to.tIe in Witb 8eo. .3. .1.-. .. ..~~':',... ,. '.. ~ . - Sec. 68.2 '!bq HCl'II:~ . deÌ1D1t1OD of' the' word ·lot~· "} '.~..:;'~ Sec. 68.5 Delete eÞ1;~ UI4 l'IIp1ace With the tonowing: -~ or aH'V ~-pa tbHeto .ban not overlaP adj01í)SD&' fa -4 ty UDl.. coll8ent ot the adjacent PI'O"""ci 11 tr .111 0"","'-. Gu¥å, wbU'e required, ...¡ 'be . rut w c r t;o aDemi'll on ~Jo1n1D8 property if the conaea1; ot the 01ll\er Is included in the application. - . Sec. 68.€ Delete entirely, on the baB1s of the baB1c rules of' phplcs. Sec. 68.7 Delete because this is financially unfeasible to builders . Chairma.~ Johnson recapped the reasons .~ the height, dia- meter a..~ O'.lIIIber ot towers !Should be restricted. He added that tt.~s Ordinance incorporates the Use Permit procedure for certain :a8es. He said the Planning Commission waß not dis- crim1na~1:.g against antennas or aerials. This is an overall height tcl1cy for the Clt7. The Planning Commission does not feel ~. w~res should be on the property lines or on somebody' else's ¡::-:;;>erty, even with his permission. Chairman Johnson said tt:e s'..lbJect of' the diameter of the arrays _s brought up at tw~ ~etings prior to closing ot the Public Hearings. Counc. ;>: :zgerald asked if' the Planning CO::!!lission was unani- mous ir. :::~lr decision on Sec. 68.7. Cheirman Johnson said they were. The Dlre:tor of Public Works Ltated ~l1at the City cannot enforce the Ord~:-.ar.ce as it is now written. It was his teeling that a maxit::'~ of 51' or 55' would probably do the job. The mecha!l- ics of 1=~lementin8 this Ordinance would require another full t1.cle e!::¡:::;;ee. He felt the requirement for a b....llding per",j t is a goc~ thing to protect the citizens. Mr. Alf ~~ine. 2l7ll Alcazar, Monta Vista, said Sec. 68.6 had no F'-,~lic Hearing. Be felt Sec. 68.7 would place an un~'·;9 .hardsh~p :n the amature nidio operators. It was his feeli:-.g that giving the amature a little more height would lessen the cha."1:e of 'N interterence. He specifically asked for the 60' !'.eight. He stated that lower frequency antennas would not be practical witt. the present proposed Ordinance. If the a.'1tennae are h1gb6 t' they are less bothersome. Mr. Harry Lorstz, l0312 VJ.cksburg, Bsked what regulations are there tc limit the nidiua and number of antennas. The highe!:' you put t~ anteDI'A, the smaller it appears. -7- Mr. Bob RobinSon, 11086 L1Ma Vista, CCIDIxt;,'ed s1gP8 to antennas. Be telt ant-II were .or'" ,,~fensive than a lot "t signa. He then reviewed Mos argœen"~, as wm be tou:;1d 1n the Planning c,,-,-1oa JUDutes. 1Ir. Sid J!U'Y1s, 2C6IIO SallrJ.88 Dr1ve, Cupertino, saJ.d he is an antenna contractor. Be saJd that the terrain var1.ea 80 much here that Ii 60' ..rt_ 18 essent1al. He said that the stntC- ~., tliJ_ are all _¡up _e17¡ be !as never _wi ~ one falling - .:~. Be 1JI'OpoØIJ 1 . ~ '... be u.1ted to 60'· am '!'l aerials ·-·'IfoSOI. ..-.i·¡:'~ii,'-i" IIoved 117 CouDc. ,fT ' ~,- I ,.- 117 CoWIC. Stoaa. to postpone Uda> ()roJ.-e,tc)fIÍ .¿T -" ..sloD 011 \'Uesdq', J'e'bruar7 l5tb, 8:00 P.II., 1D tbl! aAd BDcø, Sc!x)ol District Office. - >,,,, ~ . .....- . Motion carried, 5-0 B. ORDDlAJlCB 321: _ OÑ1DIIDCe of the C1t7 of' CUpertino Amoonding Orð.-COIIIIo. 002 by ProYicl1D8 Regulatlona tor Home Occupation. BecOBlenc1ed b7 Plann1Dg COIIIIII1ssion Resolution RO. 321. Chainuan Johnson of'rered to aMwer aOJ' questions on tMs. Moved by (:c:;!1c. Noel, seconded b7 Counc. Pitzgerald, to closE.' the Public ;!earings. Motie:': carried, 5-:> Moved by ("o=c. Pinch, seconded by Counc. Stokes, to have the Ordinance :'e~ù by title only. MoUen carr'ied, 5-0 The tit:e "r Ordinance Ho. 321 was read by the City Cler!,. F. ORDI~A.NCE 002(b-l): An Ord1na:':ce of the City of Cupertino, Amend1n,c; Ordinance Ho. 002(¡'j. Fy Regulat1Dg Location of Veterinary Offices, Clinics a~~ nospitals. Recommended by Fla~~ing Commission ReBol~:!::r. No. 322. Comm. Jc!'.:-.son off'ered to answer ar::¡ questions. Moved by Ceunc. Noel, secondeè by Counc. Fitzgerald, to close the Publ!c Hearings. '~~!or. c3rried, 5-0 Moved by C':¡·Jnc. Stokes, seconded by Counc. Hoel, to have Ordinance .:xJ2(b-l) rea;1 by title only. MoUcr. carried, 5-0 The title ef Ordinance 002(b-l) was read by the City Clel';¡. G. DAISY BBA'1"lY: App1ication 9-z-65 for Rezonlng lots ]0, 111, 1~, 13, l3a - IIonta Vista F:irk Crom R-l:B-2 tc R-l; one acre at Sc8!d.c Blvd. I: carmen Road. APProved by Planning Co~a1oD Resolution 110. 317. Ordir.ance 330. Moved by Counc. P1nch, ae::ondcd ty Counc. Noel, to close the Public H~arings. Motion carried, 5-0 -8- " Moved b.J CounC. PJDcl1.. -aecèml!ed b7 Counc. !toel, 1;0 nave .ne Qrd1nance reI4 b1 title cm11. lotion ea1'l'1ed, 5-0 The Utle or ~~~ .. - 330 wall read by the City Clerk. WII œDIIlAll:BS All) 1f'I'IØ'"U~ 1Iœ ADOPnOIf ::..\.:,;'>!:.... &. QPI"_W!1I~ ,.Wt~..t.1'or ___ ot Sa1U1es to n ~... or~' . PUet'~~ .... ... \'J~' ,. ." ~:<.... . IIÍJor ~.,; _~.a .1iJ' en" erkqa~_A ØI""'_..... lfo. 326 m Ita' ~t:YC1Øk: ' . .' .. .~a .4.-__~' ,t." , An erroI' ... 1lldillLJ.lt8ilot1on 2. '!be t1auN -""uld read ll,l50 1D8te.4·dt'D;''500~ '!be C1t7 Clerk ...se ~he correction. .. ,r." -. Dr. Joaeþh ~ ot~...~ 'etertmr.r ft)8p1t8l, asked it' th1a 18 . et.!üii7.or it' øo.e a4.1...~t Is .-de f'or spactal _e~1JIp. '!lie Cit7 A~tomq aa14 1~ !s a straight salal'j - notlallw¡ UI allo.,ed tor extra MetinP, tmd nothing is dec.'ucted to'r ~ lliased. Bowever, abaences are taken care of iù ~tber aec~Jon of the orð1n8nce. .' The City Mana,-r aa14 ~hat 50 of the 200 General Law cities have alreadT t: opted this ordinance, and others are reviewing it. Mt'. R3.1ph Beasley, 2l6l3 Terrace Drive, felt being a Council- man i~ a great honor and wondered it that _sn't sufficient compe~sa!;lon. He thought the reeling ot the people of Cuper.~~o on this subject was reflected at the last election. Mr. Herò Gardner. Varian Associates, relt $150 was not high enougt.. Mr. Rebert Jacoba. 1985l B!l.T.øood Drive, Cupertino, asked how come ~~ties that are larger pay lesB to their Councilmen? Mayor Dempster expla1ned the d1t'terence between General Law "!ties and Charter cities. He said it is their intent to adjust t"eir salaries after they wait to see what the General Law cities do. Mr. .Jacobs then askP.'.! if salaries ror H-Control and Plar~ng Commission were taken up by the State Legislature. Mayor Dempster said the7 were not. Planning C~mm1ssion Chal~n Johnson said he has talked with 25 to 50 people on this subject, and everybody seema to be in favor of paying the Cit7 Council, although they didn't say what wo~ld be an appropriate amount. He felt they shoulà at lease òe reimbursed ror their expenses. Mr. Jim Bastille.. or Paradise Drive, asked if this comes out of the General JIImd and, it so, what percent it would amount to. The City Maœser sald it amounts to I or l~ and does come out or the General Pund. Mr. Don Bahl, or PraDklin-Bahl, was in favor 01' this 6alary because or the scope of' the problema decided upon by the City Council. Mayor Dempater said ~he secom reading ot tt'..1s Orrlinance will be at the next regular CouncU meeting. -~ B. ORDIRAlI:~)I). 327: Regulat1ng Stopp1n6, Standing, or l'arIdIII OD J'QbUc Streets and Pl'o71111..! tor Signs IIot1ry· 1IIS the Publ.ic TMreot and Jurtbe1' Prov1dlng tor ¡>enalt7 ror Violation 'fhl!lreor. Pint Reading. '1'be Cit7 Atto1'D87 co -.teeS ttat th1a 18 a rewrite of ordi- _. 110. 'r17. and was re.rl:tten solelY tor the purpose of .....19\1 a 4er1D1t1.oD ot a parkII&7. lie 11814 th18 J.8 lIIpo1-tant 10 ca... ot dolat1-., It deletea tile or1g1nal section on v1olatSoaa. . ',. , .SecUoD It.ÌI ~I _t~~~ of a street 1Ib1cb i. otblr tIIaD .~ or .ftf'~..' . Jto~..a bta;,.~,;~,-~~~~· Woel, that ()Ñ1-""e 110. '!fi!f lie ftI6¡Ic'ij"fiUei 'oD17. . ," SeCtion 4.1. . Øot1OÒcarr1e4, 5-0 '!be C1t7 Attu.'III!J read the title ot O1'd1DIUICe Jfc. 371. He said th1a CQMt1t1atell the Pint ne-dtllS. c. ORDDIdCB 110. 329: Reprd1Ðg Installation ot Undergroum Utilities 10 ftllco Park. PirBt Reading. Moved b7 Counc. PinCh. 8econded b7 Counc. Noel, to table Ord1.lllU1Ce No. 329. Motion carried, 5-0 -i!II PAYIIIO ~TT,T.C: A. Resolution No. l223 and No. 1224. Treasurer Pitzgerald ~d Resolution No. 1223. Moved by Counc.Noel, seconded by Counc. Stokes, to adopt Resolution No. 1223. AYES: Counc. Pinch, pitzgerald, Noel, StokeS, Dempster NAYS: None Motion carried, 5-0 Treasurer Fitzgerald read Resolution No. l224. Moved by Counc. Pinch, seconded by Counc. Noel, to adopt Resolution No. 122~. AYES: Counc. Pinch, pitzgerald, Noe)., Stokes, Dempster NAYS: }!one Motion carried, 5-0 :IX REPORT OF OFFICERS A. REPORT OP CITY TREASURER He had nothing further to report. B. REFOR'!' OP CITY MANAGER -10- 1. By direction of the citr' Council, the ~Hy Manager baa waited t.. weeks: to lee it anY new, lower bids cue in tor 1IeØd abltl!lDel1t at the maney overpass. Since no new 0D8tI have come in, the City Manager ree08DBnds the Council accept the b14 from Berti's- Spraying Serv1ce or $275.00 f'cor t., aprsyinga. Th1S was tne low bSd. ..- After c0IIII1I!eable d1aCua.1on, 1t wu moved by Counc. 1'1Dch,. secoro'-'_ COUDC. .l'1tz¡e1'81d, to accept the $2l5.oo,~~MUt.'~ ~ce tor two sPl'Q1Dsl ot t1íì ~ OW¿......: " ADSI CoIIDO. .~, l'1~ld, Rael, Stok", DelllP8ter MYS: JIoné . ii' IIotlon carried, 5-0 2. Action on tile. --tion ot halt ot ~lellaD Road, between 8teU1IIS !toad lUll the oo.c"-.IO \"&'Operty (about l500 t_t)' s... a4v1aable at this tille. Mo"ed b7 Counc. Pinch, secoDded b7 \:oUnc. Noel, to set the above .entloned annexation ror Public Hearing on Pebruary 21st. - Mot1on carried, 5-0 3. The City Manager briefly reviewed the visit to San Q-.1entin. f. question of the lepllty ot purchasing office furniture t'roaI thell me arisen, and is being explored by the CIt7 Attome;y. There has been a gift of $18,000 from some CUpertino citiZens, to be used for office furniture aDd the like ror the naY Ci t1' Hall. Mr. John Dietler, representative of cal1f'omia Cor- recticnal Industries at San Quentin Prison, said thci~ prime interest in turn1shing the new cupertino City Hall is not the tables, etc., but the rehabilItation of the people in San ~entin. cupertino would be supporting their program aDd would save the cost of ¡:oing to bid. Be stated that, if' the Council decided to go this way, an early decIsio~ would be appreciated so the order may be filled on time. Some of their products have been purchased by the Santa Clara County Court House, Foothill College, and Marin Civic Center. Moved b7 CounC. Pinch, seconded b7 Counc. Stokes, that the City Manager be 1nBtI'lcted to order tbe furniture mentioned In his letter to the Counc1lmen. AYES: Counc. Pinch, Pitzgerald, Noel, Stokes, Dempster NAYS: None Notion carried. 5-0 The City At Arney read Urgency Ordinance 48(a). Ibved by Counc. Stokes, seconded by Counc. Noel, to enact Ordinance No. 48,a). AYES: Counc. Pinch, Fitzge1'61d, Hoel, Stokes, Dempster NAYS: Hone Motion carried. 5-0 -11- 1&. West valley cab ~'V reque"j;" perm1ssion to operate in CUøertino. 'ftII!7 8.1'e taking over the present cab COIII¡any, and 8.1'e tile previous owners. The O1'dinance requires that 8IQ' applicant be pl'Ocessed throug.'1 the Sheriff's Depart..et. Counc. Pinch _1œIJ tt tb1s company would operate out or a hoIDe. Be.. 1:014 that it is in an II-l dJ.strict in the Count7. ~ '.. ",.,r. <It..,' , Moved b,y C«~~; '. .. ' secoø1ed by eouncl~ Reel, to ~' "'to the Weit van. Cab CoIIPBJ17 to 0 ' ðipertino. ADSI Counc. :ft¡'-"'i ft~ld, Roel, StokeS, ])..~pllter Mtsl Hone " if' '" ..'c" --,:,J~ :"1:'"'1 ".... . ~.. ~ It ;:;:~~ I. IIotlon carried, 5-0 '5. There 18 a r'T t rzo. tbe architect repU"d1Dg a bidding error f'or die City Ball, asking it' an adjust- ment might be...se. A $510 Item 1I8S luted in error as $175. Moved by Counc. StokeS, seconded by Counc. Roel, that this rP.quest be dented. Rotion carried, 5-0 6. In regard to the maney overpaSs, the City Manager has obtained a b1.:S ~or landscaping from the pe?¡:.le who did the Jun1.pero Serra Freeway landscaping, bl.,1; he feels it was too high. He feels this shoul~ toe a budgetl'!<Ì its'2. Cou.,c. F:I,ncl': SUI in favor of' getting more bi1s. Counc. Stokes f'elt the City Manager was right here; that t'\1s pr->.1~'; llhould be budgeted and ha'~e ;;la:ls made \:p so we ha7e IIOaIething to put out to b1d. Mayor Dempster thought a1 overall planting progr8o tor Cupertino, sup b7 sl-,p, and an overall ':05t would be in order. Counc. Stokes and ec.unc. l'1n'h agreed that t~~s is the only over¡:asa in cupertirK and sho~ld be lan1- scaped to tie in with the others. but it C:'.1st be drawn up and pit out to bid. It was agreed that a report is needed from the Depart- ment or Public Works or what areas are standing ',racant now and requ1.re weed abatement. The Director 8¡-.c~ld come f'orth with ~ plan to take care or these and other costs. CoP~. Stokes said Stevens r.reek Elv~. improvement .ust be included in this. We II:I18t ma.Ò<e sure we have eopw>;,11 BIOney to do this. So moved, by ComIC. Pinch, seconded by Counc. Noel. Rotion carried, 5-0 The Director or Pllblic Works said he would try to have this report.. V ror the next meeting. 7. The City Me-V?' requeeted an executive sellllìcn at the close or t~ ~ting. -12~ ::;~¿:. _.~ C. REPO?: ,J DIRæ'l'OR œ P'JBLIC WORKS 1. ~ Director of 1Ub11e Works requested the COuncl1 &š!_vve an excepI;lon f'or redur.ed width of Lots 1al, L,> 227, 235, 236. 2~ of Tract No. 3896. S= DOVed b7 COIIIIIC. Øoe1, seconded by Counc. Pi73ge1'81d. .z~, _ Wotlon carried, 5-0 . c'.· c 2. ~ Director' ót 'hb1J.é WorkS said the Prenk11D-Bahl IIe'nIlopers&,. '~. . ..ed. . a plan for tbe probl_ area 1.n the Oak _ d..ion. The lots are eloping .-:T rro. ." ;.. JIB recoaaended a JI1DIIt;e Order qproYing t....s.s sNaes aloDg w1tÞ the n...t&t1ve Jlaõl. and to cr' .1. tbè Word "paved" to "concrete... . '" "..... ',-' - " So DOVed b7 C'_ . a»el. seconded b7 COunc. ?=: -:zgB1'8ld. Motion carried, 4-l Counc. Stokes gave d1.Bsentlng vote. '"'=.~ by CouDc. JI'1tzgerald, seconded b7 Counc. Hoe1, -;.= ~clude the plan. Motion carried K. RRi'C?: J? CI'l'f A·..."i.' __1<'" 1. ::.-: City Attor.:~ requested the Council set the ~r!ng date !c;:- Resolution 1225 for March 7, 1966. ~ "oved by Co-=. Fitzgerald, seconded b7 Counc. .:::.:~~s. ''SS: Counc. ?'_"1Ch, Fitzgerald, Moe1, Stokes, !)ernpstE<r SE3: None Motion ~arried, 5-0 2. _u. City Attc~ req'..lested the Council set the ;:~~r1ng date f'cr Resolution 1226 for lllarch 1, 1966. =': ,",ved by Counc. Fin-:h, seconded b7 Counc. ~::gerald. .'.'SS: Counc. i'1nc.h, ?1tzgerald, Moe1, Stokes, Dempster X-"YS: None Motion carried, 5-0 3. 7::e City AttorDe7 requested the Council s~t the E¿.3.ring date fer Resolution 12<:7 for March 7, 1966. ~ ooved by CoaÐc. Stoke'!", sec(1l'\ded b7 Counc.. Pinch. A.I3S: C:>unc.ftDch. Pitzgera1d, Noel, Stokes, Dempster X-J,YS: None Motion carried, 5-0 4. ~e City Attoft..e7 reed the Government Code Section re- :uing to the <--"8e whereby a three:"vote rather than :'~=-vote is DOlI au.rriclent on any except Urgency ~lnances. -13- ,. REPORT OF BJILDIIG IISl'PL'TOR The Chief &lldins IDspeetol' reported that 1l.3:C or the total City Ball contract 18 now cOIIpleted. Rain and wet ground have caused au.porary delsY. bilt 1Íork 18 ex¡Jected to rea.- short17. D. JIBl'ORI' OF ns;R!A'lICII u.uull....l'OR :; -., '2. l. !beI'e aN M!f. ~..i ~__ cadDs out WIder wb1ch 0Q1" parka' IIW~ I ~ HDet1t. 'ft1e Director requested a ~ ...~-.._tb _ IVIIa c~ .-too. - [«J¡:--"'O - .........-- 18 IIDW aot . . '. tor _.a, ....~ba11. 111- terSor .' .' ðlcoratlOe. ....tI.. -....... aøS ,"' ,fJiìi tI» -,,1ca1Ú' hr..atcaJlllllcl. 3. IIQor II _ 1_ 11111 to Nt up a .~ _SaD 1d.th the 1'Ua CI . . - -- 1'01' thu...4llll. JIda.. 1"~ 11tb. 8:00 ,.... 1D tile BDu'IS 1Iooa. J,.', . ~~.. '~ . ... '. B. U1'v:r~ OP waa;~ t1I ftAJQIIJD l. ~e D1nCtor or f'I-'''S taa ÞeeD IIOItd.nS on OrcUnance ~ 3' ;/!b. 32l. Vnd.. ...~ ftll1U.. 1n ... DnelopMnta. I': 1a now rea47 ror the I'lann1ng Cc ·..ton. % U"'~IUS" .:. !l:3:JIBSS l. Cour:.:ll:an JIoel aûed about the boa~lJc on Blane7 Ave. The ;1':y lilanager aa14 It 18 atatua QUO. 2. Cow::. ~el wanted It bI"oucht to the attention of' the Board of' Su;>e:ov1s0rB, 1fho w11l be revi...lng the aerY1ce lltation a":1:&':1on tor JlcClell and a&bb Road, ttat there is a ".- cant se:-vice station at the comer or JI1&ÞOy 9 and Ste...e:.II Creek Bl~. ~rA ~:;;.:;: Moved 1:7 Counc. P1nch, lIeo:___ by C'.>\mC. Pit&gerald, to approve CltJ' HIll cnange Or.1er 3. AYES: Counc. P1neh, P1tageftld, lIoeJ.. Stokea, :)eeIpeter IlAYS: IIone Motion ~rr1ed. 5-0 XI JIJIIf I!DS~ -- There ... none. . %II ADJuu~ COUncil a~J~urned to an esecutlve session at lll40 P.M. It ws :.u:a."11moWI17 a~48d to adJoum the _UII& at 11:45 P.M. to Tuesday, PebN&r7 l5th. APPROVED: 'al J. Ro=rn-P8ter A:&~&: f4.--.u: .<~ I:. l(ltt~ . 1t7 Clerk -ll!-