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CC 02-21-66 1032J. South Santoga-SI1l1I17V,üe ~ Cu~-LO. Cal1for:li$, 95011; phone: 252.,4505 CITY 01" CUPERTINO Callforn1a _...-. (Ø' THE !!E':roLAR :'-~rl'" all 'l'BB CITY COUNCIL - Pebruary 21, 1966 ,..~ Board RooII, Cupertino .~--'l District Office, 10301 V1sta Drive, '~ tino. California ÚÌIÅ 8soo P .11. :Æ SUD'.rB '1'0 'IBB J'LAG 1:1 'BaU, CALL CouncU..n present: PJøcb, Pitzgerald (8:20), lfoel, Stokes, r ..Ler Council..n absent: JI:IDe C2.t7 Jlaœ.ger. PI11l Storm at7 Attorney, Sam Anderson Mr. or Public Works, Prank Pinney Mr. of Planning, Adde Laurin Aasístant Planner, Jim Nuzum P.er.reation Director, John ?ar!"..am C~er BldG. Inspecto~, Bill Benev1ch :>eV"~Y City Cler:;, Florence Re1d 3Ir-cr:1ing Secretary, LoilS In-..ards In MDlUTES:::? THE PREVIœS x=nNG - February 7, 1S"..Æ Start present: The City Attomey ha:1 e ~orrect1on for Page 10, PaI"'. 5: Strike bo:h sentences a~ replace the~ ~ith the followinc,: ·~e Ci :-¡ ,~ttomey ir.-:ro:!·..ced Ordinance 327 by ?Irs. Read~Il::Z;." Moved toj' ~ounc. F1nc~_. ~,,"conëed by Coun". Noel, to approve the Mir::;ces of Pebr.2=7 7. 1966, as corrected. ~cion carried, ~-O IV ORAL Ale io1lITTJ!N C<P..........l CAnONS There 'We::,,~ none. V A. REPORT OF 1'LANh'rJI'J cœMISSION (See Minutes c: Peb. 11~th,) C~irmar. Johnson repc:-:ed that the &atty Te":~at1-Je /'lap now confoms I<ith the Or"~r;=e and was passed, 8ubJec-: t:> two conditic~s: that wr1:t~ conoent te given for the ~uture Assessment District, a.~ :;pon the condition that the abuttin~ pr~perty owner conøen~, ~ writing. to a reversion of the property indicated en t:>e Tentative Map, to the applicant. As to the Chelbay appllca':,lon, Chainoan Johnson aai1 the question vas whether or X>O~ the side yards shc-uld total 20'. The application was dec1~. 5-0, with a epecial note that t~e Planning COlIIII!ission ~ =t sa" whether it was or was not applicable to a ncn-~ctangular lot, only t~...t it ha:'dl!hip was not sho.m ;¡ere. '!'he 'l'ambur ni app11cat1.or. vas denied, 5-0, he('2\use the Planning Commission did not see tzt there 18 a hard3hlp 1n this case. -1- 'l.~~.~. ~lrt.... t..:)r ·)f ¡: :~:.:. ;':):"1'::; sal~ l"'c" ,~c'¡.:t1"':TE'~ ",1th ~.J.:P -e- commendao;lons of the .Fié19J'1:!ng Co"r1s·lo!1. 1. ~EA~/Y: t:.ppll.::at~ç:rl ror T~ntat;l·.¡e !.tp..;j f').(' O'1'!·r.~~~ =':~ Sce"j.c IJlvd. Appro"~ þ~' Pl~r,,,i';z !;ú "Ù$S 'on R"solu- tior. No. 325, 2f'./.!./66. JIoved by Counc. Moel. &econdcil by Counc. F1n~h. to app¡oove Application 7-TM-65. JIotion carried. IJ-O 2. STE1'IIEIf CHKLBAY: Application for a Variance to reduce side ;yard, Salem A"erme at Alpine Dri"e. Denied b7 Planning CoIœId.sslon Resolution Ro. 326, 2/14/66. In regard to Application l-V-66, the architect, 1Ir. Fred llarburg. stated that he hed reviewed quite a bit with the staf'f to Eke sure a 6' side ysrd is measured perpendicular to the lot line instead of the structure. He said this is a non-rectangular lot. A cODlDent was UlBde ~ a neighbor that the side yards were too narrow already. He has since discov"r(:,; the fence is one foot on this neighbor's ;yard. This tends to 118ke the neighbor t~ the side yard to be too narrow. Mr. Marburg said the Plarmtng Department was in 1'avor of this Variance. The side yard varies from 6' to 12'. He displayed a plot plan Hlustrating this. In order to meet the require- ment of two 10 x 20 car spaces 1'or each unit, it took con- siderable juggling and there renulted a slight encroachme~t on the one slde yard. Counc. Noel wanted to ~~w why the Planninc :omrnission voted against this. Chal=n Johns.'n said that tJ:e Plannlng Com- c1s..10n did not know r;;-Ætr.er the 2O'¡t: was applicable to a non- rectanF~lar lot. The Dire~tcr of PublL '''orks said no basis for hardship for t~s Variance was presented. Mr. Mart~rg said that in a cul de sac you ar!! faced with a nal'rol' front and he r""ls this is the !:.asls for a hardstlp. He feels all four of theae cul de sac lots \/111 be difficult to design. He feels t~" 'u:ry mlnor Varlance soo'..Ild be allowed because it 1s only "';:-.~ CDrners of the buj.ld1r"-ó that encroach. C~unc. Stokes recallej tr.e granting of many VarlanceR on R-l ~ecaus~ of non-recta~~lar, lots; 14 jU3t las~ œeet1ng. It would seem amblguous to "rant some and not others, The City Attorney saij the City Councl1 should c(nsld~r the ~~ c1ne¡1IUS approac.-. 1:0 ";;M.s. It is such a s"I811 e.ncroachr:lent that justice ~alls for th~ de Ir.1ra2ClS rule. Y~ved by Counc. Fin2~, 5econded by Counc. Stokes, that appli~a:10n I-v-66 ~: granted. Discussior. followed as to the hardship 1nvol.ed here. The Director of Public Works said it no~ involves two feet rath~r than a matter of a fe.. inches. The origi~lal request for Variance was that the applj.cant had the 6' on both sides, but did not meet the Ill' re<;uirement fo.' the S\.i.m of both sld"". r~ the course ,f discussion at the Pla~ir~ Commi,~ion level, 1~ was pointed c.,ut tna~ !jjeê.surement should be taken at rlgnt angles froo the propsrty line rather than from the buildin:s. AYES: Counc. Finch, ?itzg..ral~, Noel, Sto;<es HAYS: l'.3.yor Lemps"er Y~tlon ca~ried, ~-l -2- - JOAN TA..'IDURIN!: Ap>,hcation for <: Vart.snl'p. to \·,'<t,md bedroom into rear yard. 10670 Martim.ooè 1/1.:;. Dented by Planning Comm1S"ion No. 327, 2/].1'/66. Mr. Tamburini, or 10670 Martinwood ".Joy, said h1s >life was home with .the flu, but he would try. in his broken English, to explain the situation to the Council. He said he hl\s checked with his neIghbors, and they did not object to this Variance. Be u1d the neighbor had to go out of town, but wrote a letter substantiating thia. This letter was turned over to the :Deþr!;y City Clerk. 3. The Chier 'ad.ld1ng 'Inapsctor explained that Mrs. TalDburini had come into 1;be Mlding J)epartllient and they plottèd some- thing that sev--d f'easible. She stated to the Planning Com- mission that Slle bad a ~I¡' rear ys.rd and the Building Department plot plans are In error. The plan now is for a 10-foot l'OOII, leaving ll¡' rear ys.rd. The original request, based on 1nt'o~tion from the Building Department, was for a 15' room, leaving a 15' rear ys.rd. Mr. Tamburini said there is a distance of 60' between him and his neighbor to the rear. Counc. Noel said they are coming in with something differer.t t~n that presented to the Planning Commission; perhaps it should go b,ck to the Planning Commission. The Chief Building I.1Sp;!ctor 6:iid tr,j.s is because of an error in the plot plan ~t the Building Department, not an error on the part of the ap::>l1cant. Counc. Fitz~ar~ld said. this, now, is esse~tially what the Planning Comœission had recomcended -- a 10' room. Cou,"c. Noel asked about the home occupation which presently occ,-,pies one bedr?om. Mr. Tamburini said his wife worl,s fo,' an Eastprn firm, and needs the ond ~'om f0~ an off~ce. It was explained ttßt Mrs. Tamburini's recently-widowed a'u,t from back East planned to come and make he~' home. here wit" them. Chairman Jc~~son said the Planning Commissioners noted the~~ is a hardship here, but the Ordinance is strict. Movpd by Counc. Pinch to grant Variance 2-v-66. Motion di~ù fer lack of a Second. Moved by Counc. Noel, seconded by Counc. Stol:es, to deny application 2-v-66 because they do not f'Õel there is suff1-"lent ha~~s~ip here; a bedroom could be made out of the offioe. AYES: Counc. Noel, Stokes, Dempster NAYS: Counc. Pinch, Fitzgerald Motion carried, 3-2 B. REPORT OF THE ARCHI,",EC'l~tRAL AND SITE APPROVAL COMMIT'Fæ (See M1nUtes of February 18, 1965) Application: 215-HC-66, Alpha !r'lt1d Company, 2395 De La Cruz, Santa Clara, requesting Architectural and Site Control appro\-al to construct a 110-unit apa::-tment house adjacent to the existing Valley G.-een ApaI'tments, located at 20375 Valley Green &rive. -3- _¡1'-_'..-¡;-t'-;' .;.~t,.C.1. c-...a~~'':: t.:.:~ ...Jì.~ ;~-C~n~!"("J i."CG0r::¡1'I\.;nd.t?~ :J.prT'ry::-....L Clo this ,app11cation, 8ut~h;":';: to tIle lU ~_~~nd(].r-J .:;()r.f,1 t"Í.0n~.. tht: shake roo:". plans a.oj reoo2rinF' ==- K Bubr.t1 ttE:íi. '1'he a 'Pr··) 1 - c~~;" must ob!;.~.in a Var1 :::.n~_ ~ :::>r the slump .':\\;.ún-; r-:.l µ: 1 :~.--..,_.::t.' f~~J.ce alone; Stel11~. so tr..1s 'K111 t~ ';1';;.~s1di::r~J at 3. later da.te. Th~ rerv1erlng 2nd !lor.,_" i'lar.s ~·::;"C ..1!sr·:¡ :::J~'! fo~ :"h~ Coanr: 11 and audir:nce to sec.. Counc. Stokes aaked 1f this is in the _ general architecture as the existing units. ChalrEn Pitch said that it 18. Application: ~JIC-66, M. C. JohnllOn. Inc., 83l 110nica Lane, Campbell, ~1Dg Architectural and Site Control approval to corJtruct two 2100 SQ.. ft. du;>lexee, to be locøted on IDts 3 and II CD the east side of Merrill8n Road, lOl feet south of Alcalde ~. Chairman Pitch 1181d the cro..ell' s have met all req"irements ~"t forth by the City. This 'Property _s recently annexed by C'lpe!'t1llo . Counc. Stokes ab~ed for some clarification of the berm, as n:;ted ~n the n-COntrol Minutes. The Director "f P..¡bl1c 1;lorlcs said the Crollllfells went to the County, originallY, and all t~vroveÐents were made according to County specifications. 'l'h<:y then needed water, so they annexed to the City of cupertÒono, with the 9tipu2a~ion that they could go ahead with the project, e. s allO\ied b;; t~,e Co.mty. Tb>y were allowed to put in 12' cf ;'t?\'in.:: 8:\d he:-os to control t:':~ water. ~.re inherited this fraTTl the Còunty. A ccm¡:.lalnt has teen issued to the County because the neig!1bors say they can't ~-:k out of their driveway. Tha Director of Foelic Works thlr.::s this ca!: te solved without too milch d:l.ffi- c;;.l~:~· . C~~c. Stokes does not fe<:l :~, City should s~and the cost of correcting thia situation. T~~ applicant's acceptance of tl~o fÒo:1.~"cial re:::ponsitLi.ity sho::ld be a part of this aPP:,'oval. Mr~, Cromwell ~e"ls this is the Cot.mty· s responsibil1ty. It is ~ Cou...,ty resider.':; }'ho made t~,e complaint. It waa a Cot.:nty Er.~ineering goof. She feels they have acted in good faith and does not fr:el this should be !:eld up any 10no;¡;er. She would 11;';e permission for her contractor to s,:, ahead with the plan cteck.. T!:e ;JiNctor of ?\.:tlic Works suggested tl'.at perhaps t!1e BuUd1ng Per¡;'Òot could be issued, with the proviso that no occupa!Ocy be allc,;ed until t:-.e problem is resolved. Ar.llc~tion: 217-HC-~, David Delano, for Jack-in-the-BoX, I::c., 1939 East l!'th 3treet, oakland, reqClesting Archlteci;ûral anj Si~e Control approval to construct a restaurant between the t'ricn Service Station on Blaney Avenue and the Red Vest Restaurant on Stevens Creek Blvd. C!'.air-...:!.n Fitch said that H-Control I'.as decided to po3tpone t.hJz application for 2 weeks to glve the applicant time to pr~I""'~ a ::-.ore specific set of plans. Co~:. Stokes said that previous City Cou...,cils have ruled agains: thls type of operation. _L_ . . -, Mayor ~>ster said that to go arv fu,t~er into thiE would b~ dirf!:~: without seeL-,g the ren<:ering. Appli:æ:~:n: 19~-BC-65.CvrPO)~ Pizza Parlor, corner of Ste.e~~ Creek 3:vd.; and Saratop-Sunn.wale Road. Mr. Co;çla has been uJœd to reøu!lm1t sC'mething tor the Archi- tect~ and Site CoDt~l ComIIittee to c~ider. ApplicatIon: l6-BC-61. Lucq Stores, Inc.. DaA Oe1Dco, 2C17/¡5 Stever. creek Blwd.. requesting Architectural and Site Co,ntrol approval to coaetruct a rence around the entire systes C'f B1r cond1~", etc.. now located Oft the roof or,the ae.co-CIIPU'1;1Ø).atore. 'l'he o.eo people are _w"Ig It upon themsel"es to caDOUflr.~e the appzrtenllftCes OD the roor. Moved ~ Counc. P1tz~d. seconded by Counc. Stokes, to app:':'Ove the Pebruary 18th Minutes of the Architectural and Site C.-"trol CoIIIII1ttee. Motion carried, 5-0 VI PUBLIC SARIIiGS A. -;;.--::y '!'.i'l'LE CCMPANY (Page Prcperties) Application 8-u-65 ~C~ ~ ~se Permi~ for a 50-acre, one-family Cluster Develop, œ::: "itlrln a PC-H Zone, east of Mary Avenue, north of 5: :'~ns Cree:]< Bl'od. Appro'led by Planning COl:llllission ~¿~::~tion No. 301. Appeal He: conditio~9 (contirol~d :':'::T: 2/1/66). The ::~::or of Public ~~rks said the staff r~9 reworked the verbaf~ ~~d the ext~tit. No c~a~~=s were made from the In- strü::::::s as were r¿nded down. Para, C. Section 4, was rewo=--:':-: . Cour.:. ?::zgerald asked if the ar>l~~ant waE agreeable to thib. Mr. R;:e:-t Reese, of Page Properties, said Hr. :-!1ttelman >JaS unatl~ :.;: attend this meeting ton.:.ght. They are not in CQ'O" plete ~;:,eement, but r.ave nothinS to add, so await the decic',o" of t~~ :::y Council. Move:' ':.7 :ounc. Finch, seconded :y CO\.1nc. Noel, to close the Publ~: =~ar1ngs. Motion carr~ed, 5-0 Move~ :y :ounc. Finch. seconded ~y Coun~. Fltzgereld, to a~0~t Resc:~:~~~ No. 1214. AYES: :~~c. Pinch, P1tzgerald. Noel, Stokes, Dempster NAYS: :;cne Motion carrled, 5-0 Mr, E=¿se wanted to thank this 1>OOy, the Planning Conunission, and t~= s~arf f'or doing an excellent job in eetting this matte= :3~en care o~. B. :-=_::nELD 0I1, GæFORATIOll: Application 19-U-65 r0r 'i Use h:-..1t for a Service Station. northwester17 corner of .10).1'" ?:.~': a~ Ric!nlood Drive. Denied by Planning Cormn1ssioa n"J!-:lution No. :n8. Appeal (fu:itp~ned from 2/7/66) -"- ~ .. .. Mr~ _')~11 :~elvls.. representattve a pcs~pon0ment, pend1ng results ntiii'f. . flJ)' ~t~,= applic8i1t. h -..~ej for of a &urvey be1.;'ß ¡"'!:lie l':i the The City Attorney advised 1t should then be taken off Cal"'",:\.:J.¡· and w~n ~questgd, 1t should be rcpub11&~ed at the applica'\c'3 expense. So moved. b7 Counc. Stokes, seconded by Counc. Pit¡;gersld. IIotion carried, 5-0 C. HARBOR SERVICE S'1'A'l'IORS, 111:.: APPl1ca~1on tor a Use Pe1'l&t t"r a Service Station, _theast corner foothill Blvd., r.nd McClellan Road. in a CO zone. Denied b7 P1ann1ng Comm1s,,~,,'n Resolution 110. 324. 1/2"166. Appeal. Mayor »e.pster read the applicant's letter or February 19th. The representaU,,,e or the applicant asked tor continuance to t.he next regular _eting beca"'s~ .;he principals L1 the cas" have fic. Counc. St~kea ábked if they would like to cont1nua this until after the aurvey b7 the a¡;aff. The representative said he must check with the c.th"rs Nfore making a dec1Bic.n on this. ~r. Dean Say;e, 10805 South Stevens Creek Road, said there ..ere a "",,"s1de.able number of people present to apea;, agaJns~ this sel~ice &tãtlon. Mayor Je~~ster caid that, since the City Council has request~d this ~ou~y, he as~ed if this srcup was opposed to postrvnin3 it. Mr. 3a;rre :laid he was not spe¡¡l<1ng for the ot¡¡e:--C', Ì)U'C r.fO, personally, was a~alnst any pos~tK):1e~nt. Cour.('. Stol-:es a~reed that it ::'s lnconv':!nlent for thcrT! to 1:1:·.~~--' another :ri;> dow,-, ¡-,ere, but t~e applIcant "dS the flu anj deser':ae the right to defend !:i!:1self. The Cl:, ~ttorney advised tha~, if the Ci., Council ac~e~t;d these ;r~arnents a"a1~st the service statior., the quebtion wouU arise whether or not the applicant ;.as had a fair Eea!'ir.c. Th~ Ci~J }~nager su~gested tr.~ interested pcrt1es call City Hall t~ leave their names anJ ajdresses arJd phone nUr.1:"'crs 3.nrl they ~!:l be no~lf1~j when t~ls wi!l nezt be hearrl. Move':! :y Counc. Sto~cs, seconded t:y COU'1~. :ioel, tr.at G~¡.;ì.l~;1- tior. ~.:!' Harbor .s~rv1~e Sta~lon at SE f'?orr..;r of Foothill I:L':.:!. and ~~c=l':?llan Road b~ post~ned until t:-.e next re.::ular CÙ·)I.c~l meetin;a - Motion "arried, ~-O v:n ORDINAS':ES AND RESOU!TIONS FOR ADOPTION A. O?.;)!NANCE NO. 328: Annexation of Cel'~ain Contig'.lo"" Uni,-.habited Territory Desi¡;r.ated "Stelling Park 65-6" To The City or Cupertino. (Secor.d Reading) Move.:! :;¡ Counc. Noel, seconded by Cour.c. Pi tzgerald, to h'.!<' Ordinan:e No. 328 read by title ~nly. Motion carried, 5-0 -6- - Tte \C::'1.1:".: City Clerk lr.tr:-1'.1ceG Or':!~l:~~ce No. :.;~8 b./ Sec:')n.1 Reading. The City has Iecelved no protests to this Ordlnance. Moved by co~'c. Pinch, seconded by Counc. Noel, to a~opt Ordinance No. 328. . AYES: NAYS: Counc. Pinch, Fitzgerald, Noel, Stokes, Dempster None Motion carried, 5-0 Mayor Dempster cailcd for a 5-lI1nute break at 9:15 P.M. B. ORDIIQCB 002(b-l): AD Ordinance of', the City of' CUpertino ~_1.. Qrd1_..... 110. oœ(b), B1 Regulating Location of Vete1'1na17 atf'lces, Cl1n1cs aDd Hospitals. RecOlllll8nded by PlamI1nS eo-1ssiOD Resolution 110. 322. (Second Reading~ Moved III Counc. Boel, seconded b7 Counc. Pinch, that Oõ·'inBr.ce }lo. oœ(b-l) be read b1 title only. lIotion carried, 5-0 The Deputy City Clerk introduced Ordinance No. 002(b-l) by Second Reading. Moved by Cow~c. Noel, seconded by Counc. Pinch, to enact û!'dinancc No. OQ2(b-l). Ai!S: Counc. Finch, ?1tzgerald, Noel, Stokes, Dempster NAYS: None Motion ~arried, 5-0 C. ORDINANCE 1K>. 321: An Ordinance of the City of Cuper~ino, Amending Ordinance No. 002 by Providin~ Regulations fcp Home Occupation. Recornmend-::d by Planning Commission Resolution 110. 321. (Se~ond Readin::..) Moved by Counc. Finch, seconded by Counc. Noel. to have Ordinance No. 321 read by title on17. Motion ~arried, 5-0 The Deputy :;1t:r Cler:: introduced Ordinance No. 321 by Second ReadinG. Mc,ed by Counc. Pinch, se~onded by Counc. Noel, to enact Ordinance No. 321. Ar",s: Counc. ~nch, Pitzgerald, Noel, Stol:es, Dempster NAYS: None Motion carried, 5-0 D. ORDINANCE NO. 326: Providlng for Payment of Salaries ~o Members or City Council. (Second Reading) Mr. Louis Stockl",eir, Stevens Creek Blvd., 8a~" t;,is Ordin>::"c;o appears to be more controversial than the others. He feels the editorial in the Courier grasped the situation very well; trat the Ordinance does not allow enough payment for its Councilmen __ there isn't enough. Tt~s is a function performed by dedlcated citizens and it is en r~nor b~stowej upon thee. -,- . . Mr. StocHmeir said he did not want to give t.h¡; 1d ,.. '.ha~ he 1s not i."l favor df reI'T.lI1erat1on when these dut,1t:s becoLJt: arù"cu". The people ,-arned down t:11s remuneration two year3 C!.go, í"~':llng these were dedicated people. He feels this should ac;ain be ""t 1n the hands of the electorate; at a later date. lie respectf'u11Y requested Ordinance No.326 be laid over and placed before the e~ect..~rate or put in SOCle sort of initiative. Mr. Warner WlllK>n. former 1la70r and CO\.illcllman, felt that fo.. the CoUDCil'a beat 1nterest, such an ()rd1nanCe would be i11- &drilled at tb1a ~~. Be reels the7 should be compensated in .... ~, but 414 not knoll what to suggest. IIQor »-Pllter._ted t!lat the people !Ia"e said they don't wa, ~ to ~',the ~"'_. aøI he does not feel the7 should over- r1dethe 1I1l1 ò'l the people. '!be people !lave not had the 'opPoi'tuld.Q to·.tddJ this; the State Legialature put this into lsw 1Í1 sept....... but the League of Call1'ornia Cities Just r8Cent17 p...ed 1t along to us. Fosslb17 this should be pre- pared in thè rœ-. of' an 1n1tiative, :\Dd asle the people if the CouncllllBn should be paid on the uame basis as the Sani tary District. Mra. Rose OidcUngs, 20375 Sllverado, Cupertino, said that it isn't that the citizens of Cupertino don't want to pay their City Council, It is that we are too small a city and can't afford it. Perhaps we could in a few years. Coanc. Finch commented that he won't benefit by this unless he 1s re-elected. It was his feeling that you have to be a Councilman before you know what is invol'led. He said they a!"e all business",.n and take time away from their business to take, care of City business. ", . Counc. Stokes s~id that noòody, unless they serve on the COUD- ell, knows how cuch time is spent performing City busine3~. In the past mon.t., for example, he has had seven eveninz meetings and has ~aken more than six hours a,.ay from his t"siness. He also spent one Sunday afternoon driving arounrJ, lool¡ing at antennas. He has stood his own expenses. '!hen h·~ ran for City Co~cil, he said that he was in favor of pay~en¡' to the Councilmen -- a& a reimbursemen~ only. He did not r~n for Council on ti:e basis o~' earning mon"y. When he ran, he stated that he äas in favor of payinG Councilmen. It is sm~ll compensation for the time a man gives up, being away fro", 11is work and his family. ~:r. Thomas TraeUt:ler, 10376 Tonita, su~"sted they take the vote and possibly ¡;et a referendu~ going. F!y the time you get to a~ initiative, it would be another year. ~~yor Dempster moved that an initiative be placed on the tall'~ a~ain, in vie~ of the response he has received. Each of t~8 members of the City Councl1 may receive no~ to exceed $2~ f0r attendance at the meetil~s of the City Council, such compensa- tion to be established by order of the Council and entered upon its Minutes. No member shall receive not to exceed $75 in any calendar ~~nth. Motion died for lack of a Second. Counc. Fitzgerald said he wished he could be on óhe ballo~ this year because :,e feels a principle is involved here, 0V0n though he does not need the money. Mr. James Small, H-Control Con......itteeman and former Plannin<> Commissioner, said the Job certainly is not easy, snd Council- men should have some compensation. Perhaps the people should be given the chance to vote on t~~s agqin. -8- . . JIr". Stock¡"",~:" said he tbocght the til'lo will come ...h,"r. the City Co=~~: sMuld be peJ.:1 f'or their necèssary expense... The Planning =.:o=1sdon shouJ.d a].8O be c')C!pensated. He has s¡.ent thousands c~ rourø in tbe 1nterest of the City and MS nev"r asked tor :ocpenøat1on.. Be 1s rot opposed to compensat1on, but does not feel thi. 18 the time. 1Ir8. Rolle G1:5d1ngB aaJ.d t;IIat, .fust because a law _8 ¡Based in '.:~~)'8IDeJItc IIQ1ng tb1a ~ a11øwed, it should not be cr- d ""IIIDIIIÞ their tIIroatl.· tl'*T - cl Board could get a aa1&17, but . ~. don't ask ror 1t.' .' ,. ~,.~...~., ' ,-.1 "!'{ ,',' · é{~.~.' Jœn1ta ItCIaNG,"<B- '\:;~l'èaltor, øaid aha haen't éll'lled ,:"".........t1q;I in bd' ~ ~ ... in CUpert1no and tile ..t. ..>: l/1li6' 'Þì'ett7 bard s~I'··~tl: ~. She reels that 6150 40ea _t com- " ¡l8ll8&te for thB tt. 81- e.Q' rrom their tBlI1l1e.. Sbe said u., COunc1lJlen are hue"'.. e they wsnt to be here, and becauae tbeT were ele::tee.· She 1s 1n tavor of cQllP8Ð8Btion, ~ does not know how...... feople who do not attend the meet- bIgB to llee "hat the 0..- u_n do should not have a say in ·..:Me. Hr. Robert J:1cobs, 19&.'...l .........A Drive, Cupertino, sald that CUpertino =1~lzens turn ~ f'or elections, even though they don't sho" :.:p for meet1llga. He feels they should be given th.. opportunity :0 vote on tb1a. Hr. Melvin :~~erson, Cu~~ property owner, feels tt,e people ere doin;; ~ ::agnlficent jot, but does not feel he would t.e able to \'c:~ for this, it' it were put up for a vote. ~unc. F1:=~~:-ald said t2t, although he has great respec': for Mr. Sto~k:=¿~r's remark2:. be does belie'..e the time ill here, o~ the ba5~S of over siX 7~ars on the Planning Commizsicn, H- Control an:: :lty Counct;.. an-j ';;he tIme tl'.at has been j.,,-¡o-oed to do the :::. He does net need. or wa~t t~c money. ~~~ ~~ fee].s the~ ~s a principle involved he:-e. Counc. Noe: s:1id he is new rully aware ttat It takes a l~-o of ';1me to ce ~ Council!DBI"_. ";~ that coulj ¡,., used makil".6 ::>cney. He still ::-2':els a lot in J-4.s business anj many a till:e ;-.e has made s s~:~al fli3ht hoDe just to atte~ Council C!eeti:-.¡:s. He named i! ::~':Jber of _n towns in California where ti:.is pay for Counc~:..,¿n has been automatic. He also I'alked the streets inquiring ~! to people's re2ctions, and found v1rtually r.obody who was a~~:~~t it. Mrs. Ste:~! ~rtson. lo85C ~tevens Canyc~ Road, feels t~e $150 is a li tt 1;; :00 high. Î'kIved by C.:-:.;.-::. Pi tzgera1.:5, seconded by Co'.cnc. Finch, ':v "lose the Publi: Eearin~s. Rotion carried, 5-0 Moved by C;)'",-::. Pitz~era1.:5, seconded by Counc. Finch, ";;-.a': Ordinance );=. 326 be read b7 title only. AYES: CC:;'"l~. Finch, P1t~ld, Noel, Stokes, Dempster JlAYS: Ncr.¿ Ibt10n carried, :-0 '!'he Dep-.lty City Clerk 1at.~uced Ordlnan:e 326 by Second Reading. -9- -~:,",,~.,~~;., . .. . IIDved b:r . :-=:.:. F1tzgera.:..:.. seconded tj+ Gc~n~. Fine::" :.c er..~ct QrlUnance Jê:.326. ~: G.:.=:. F1n<;h, !'1~. lloel, S:;:;I;es aD: Ma;r::' Jempster ~<WI carried, --1 -¢.'"l '" .-...., _,~",~,~:0ftI)''''V"'''211O. 327.. -:- _ '1.t.1ng Stcpp1.ng. Stand1DS. or "".' ,,'. ); " ~ on Public St.. . and Prov1:11ng for SigDa ,~: ',,: ,c »Ot~ the PI1bUc. V' _f', snd P1;.rtl1er ProñC.UDs ;,'~¥i:,t '# tor Psalty for ,....~. 1-- ftereof. (First øee"1-.> ~.,t¡~C1t7 J.:-.omey 1n~J'1-.·~ 'J;. Ord1nance Bo.327 b7 ftrñ Reeding. 'f~~~~'{: ~~ . h. of. ~~..IIIQ~~ HO. 330 - - -'"1Ir Section 1 of' ()rd1naDCe »0. 2 t;:. ~ . , b7 Bec:.nsif'71ng a 1:" 't.4a Portion of the Clt7 or " ,<:uper-'-na from an JD,-JO Dlatrict to an Rl-7.5 D1strlct. Sec~ 3eading. 3.1'64 b7 :.ounc. Finch, r ~. by Cow:.. Fitzgerald. tt-At OIdinan:e:se. 330 be reé!:iF ~itle onlr. ~ Dep'~:: :ity Clark 1ø:;...-~ed Ordinan;e No. 330 by Second Beading. )loved ty ,: _-:,. Pi tzgere:':!. 5" :onded t:' Ccunc. Stokes, :;0 ~nact O:":"~¿::.:e No. 33~- .A.~: t: -=.:. Finch, F1~~ _-=- :0.11, Noel, S:o~{es, Demps":-er .YS: So:., ~:;~n :arr1e~, =-J G. ORD::".:'~::: NO. 329 - ~:. e=-':'inance ,,: :~,e City of C:';r-r';~"'o Rec¡~:-:. '.~ ohe Ins:;a:'~-::'::r: of Unde:":::-::¡und Utill~:'",s :!: a Cer:.:.~- ?o:-~lon o~ :;~ ::.:;;¡ Kno"r: ~s "Valleo Par;'.- '!be C1:, .¿,-,,:.;er call~ -:=..: ::.:;y Cour::ó:'s attentior. <;:: :C,O ract tr--I3: : ":5 Ord1nan:-: 25 teen r~;:l¿··.=:i by the ?...t¡~:: ü'ti1it1~: "::0 found s.::_ ~~s 'that ::;~:: be 1n eon1"llc:; Ki:;b :;be P.U.~. :~:-. Walter ¡;~ œs reques:2:: thlS be ?CS:;~:lej =til )/.:~. - -:h. 50 move: ::- .,:)'..a:....:. Fi:=~~-æ::j, 3e~onjl?': .::¡ Counciloa.:;. ~;,:",==:.. k.~~r.. ~arrled.J =-'J B. RESC:..--:-::N NO. 12;';,: - ~:lar1ng I:: IntentIon to Or::e:< VaC"a::.::: or a Certa:'=' ?_t.ll~ Utl1!.::'-:?s Easement .....1-::-.i!¡ the :-~"'7 Pursuant -:.::. s,e.,:~1on 501' 3'2 o;?: seq. of tr~e Go\'e=-:-.=::t Code or -;.::. 3U<;e of Ca:~~crn1a. !"he City .t.::.:rney req:;e:~ t.!".a~ tt:.1s ":;-:; put over fer ~ÌIo:; w~~ks because :_:t=:"e has been a ....vèle!:1 of p·..:.':lica:.1on in t.he :¿ Cresta S_:~~7is1on. 1'he sta~---: Resolution ;): ~be City of C'~pert1no n<!'" Eea!""...ng cSate wo:,;:~ :" March 21st. ~ City A~::rney request~ ":r.e Beaolu:;ó:=. ;:e passed, _-:t~ the Hear:::; date as Marc!". 21st. -IV- . . So =ved :oy CounC. P1tzgerald, secC'Thled by COUtlc. ::c'..:. ~tlon carried, 5-0 :I. The City Manager reo_nded adoption of' Resolution 1238, supporting annexation of conti¡;.1Ous unincorporated terri- tories to the City of' CUpertino by the Santa Clara County :Board or SuperYiaOrs¡ Bearing date to be Mal'Çh 22nd. .~ ..: ':L-"Jam4 b7 Counc. 1'1tz&'G'8!d, seconded b7 Counc. P1ncb, to -il';s. "<)-~1*"1Inolut1on !fo. 1238. .. A21Br Counc . Pinch, fttqerald, Noel, Stokes. Dellpllter '..& JIoDe -~'" . {~ ".;;",- IIDtõS.on carried, 5-0 un: ~YI1IO BILLS r.. Resolutions l229 and 1230 Treasurer Fitzgerald read Beaolutiun 1223. !foved b7 Counc. Stokes, seconded by Counc. Finch, to ado;:';; Resolution 1229. AYES: Counc. Finch, Fitzgerald, Noel, Stol:es, De!Dpster NAYS: N"ne Motion carried, 5-0 Treasurer Fitzgerald read Resolution 1230. Moved by Counc. P1n~h, secorAed by Counc. Stokes, to a::o¡;t Resolution No. 1230. AYES: Couno. Finch, P1tzgerald, Noel, Stokes, ~~pster NAYS: None Motion carried, 5--0 n: REPORT OF OFFICERS A. REPORT OF CITY TREl-.5URER - He had nothin~ rurt~er to report. B. REPORT OP CITY MANAGæ 1. Letter from the Chairman of the LibraI"j Cc,"",ission stating there is a vacancy on the Commission. Mrs. James Best~, who lives on Paradise Dr~_~ :~ 3 shown very m:cn 1nterest in the City of Cu ;er"Olno, and may be willing to serve on tlus Commission. She tAS lived in CUper:oino 2t years. Counc. Pinch suggested the City Manager write a trAnk you letter to the f'ellow who resigned from the L1'~raI"J Commission and one to Mrs. Bestul, askln¿ if s~e w~uld accept this appointment. -11- 2. ·...e counters for the Finance Of!'ice, Build~n¡>; Depart- men~ and the Department of Public Works have been eliminated from the building contract for the new city hall. The architect will design them for $185 and San Quentin w1l1 be happy to construct the",. once tbey hav.. the plans. Counc. Stokes felt that buying furniture from San Quentin is one thing, but here WÐ are talking about øomethin¡; that will be built in. He teels .. should go to bid; get bids t'roIII San Quentin and tro. other mill- work men. Jløved ~ Counc Stokes. seconded b7 Counc. Pinch, to &uthorize the ¡l85 ror the architect to design the above- _tioned coun1;era 8JIIt p1I. bids for the building of' thell. A~: Counc. Pinch, Pitzgerald, Noel, Stokes, DelllPØter BAD: None Motion carried, 5--0 3. The City Manager requested a reenactment ot the Assess- ment District f'or Stevens Creek Blvd. IIIprovetDent. So moved by Counc. Stokes, seconded b7 Counc. Finch. Motion carried, 5-0 4. At the present time, under the present setup, it takes four hours every month to stamp the water bills. There is one stamp machine at the l'later Department and one &1- City Hall. Pitney-Bowes will give us $190 for the two old machines and right now they can give us a new one for $799.82, to do all the processing of the billin~s, and mailing. This would mean that City Hall and the Water Department would have to share one machine, which 'might be inconver~ent until the new City Hall is b~i1t. The only problem with waiting to get a new one ls that we are offered this price at this time. Tt>~s is the only source of these ctamp machines. l<Ioved b.r Counc. Fitzgerald, seconded by Counc. Ileel, to p~t this over for two weeks. Motion carried, 5-0 5. The City Attorney has prepared an Agreement on tr.e crop-staring program. Mo'¡ed by Counc. Fitzgerald, seconded by Counc. Noel, to adop~ said Aóreement. AYES: Counc. Finch, Fitzgerald, Noel, Stokes, Dempster NAYS: None MOtion carried, 5-0 Mayor Dempster left the meeting at this point. Vice-Mayor Stokes ·chaired· the talance of the meeting. 6. Letter from Mr. Stocklmeir regarding e review of the water line installation further up Stevens Creek ~or the bet~erment of Cupertino Water Department. He re- commendeJ the City follow this recommendation. -12- ·', .. - So œ:....ed. by Counc. i"1tzgerald, s"~onded by Cour.~. Noel. JIot:.oD carried, ~;-O 7. r.:~ ~ity Manager requested au~horization to wr1 te a l<?~~~r to AttcrDe'J' Stephen Gazz~:'a regard1r.g il:1prove- Dents b7 pl'Opc,d.". _ra on Stev~ns Creek Blvd. Moved è7 Counc. F1ncb. seconded by Coune. Fitzgerald, to approve S1p"111g or ~ ,abo"e-llentioned letter. ,....,.... carried, 4-0 . 8. At a meeting dtllllllÌ'. Flint regarding De Ansa College IJIprovement ~. the subject of Mary Avenue came up aga1n. De --':-'1.8 1.n rull accord with the City Council 1n 1ta UÍÏIÎIr:Íøg about Mary Avenue. They have aade ccntact dUa A_ ·nt High School District. The -:r 18 œde f'or tile C1ty to approach the PreIIIont Dis- trict to get tbla ~ through. Moved !:y Counc. Pitzs¡øB1d, seconded by Counc. Finch, that the Ci~y Manager Deet 1dth tht'm in regard to this matter. 11:»1:101:1 carried, 1;-0 Counc. Stokes called at1;ention to :he fact that the main exit ~:-:..:¡ De Anza does not line up with Mary Aven'-ôe. He askej ~w we can STaid doable si~ali7a:ion. The City Mana;~::- sald they are going to relocate the main street. 9. 7:-o~ :.ea:')'Je or Ca1.:..!'orn1a Cities will meet a:; ~he San ~~o1sco Olympi= Cl~b on Fetr~ary 2~th. ,.. -. REPC;:;' ~" DIRECTOR OF ?JBLIC WORKS He s=.:': :hat I":3cs : ~:-...1"":;:.;.gh 7 of ::1s \'.'rltten reçcr7 are self-~x;lanator'J. 8. ¡;, ~re in tr.e ;;r.;-:toss of makir,,: applicat10n t<:: the State :':::- Jrbsn ~te=1:.n P-~nds. ';'::c preparation of a soil ~;c:"t 1s ne~~s.s&rJ' 1;0 get t::e exact information t;,c S:=.:e needs. ~~ =~s~ of the s~rv~~ w1ll be t1100, and :;.~s "ill be re-::'-ô;>e-:õ ~n the L.1.:>. 10. "'" ~.ave received -:r..e officla: );e1,:;hborhood ?la!l for the ''''::0':> Park a!"e!.. '!'he Dire,",or or Public ;;ori:s s·.lg- ~=5:~ 1~ b~ re~e~ to th~ F:anning Co~lss1on for s:.:..1y and cozrc.e:::.. $: ~ved. by Co~~~. Pinch. se~onded by Co~nc. Noel. JIo";ion carried, !'-J 7~¿ ,1ty Atto~ cOmðented tr30 th1s is an excellent ;:=-=-cedural plan. A part of a development plan is before '~S. A Minute ():oder should be passed incorporating it 1:: the Planned ç~ ,..1 ty Developr:l"nt Plan. &, ooved, by Ccft:D:. Pinch, seoonded by Counc. llcel. Øo~~ carried, "-0 -13-' ,.,7,~ lè. Eolsed on '::oat t~gure8 re~eived from the :It&t,;: H1¡;h;~ay ::Jepartment, an estimated future cost to be expected to prov1.de J.andacap1.ng :tn median stripe within the City of ::upertino woouJ.d run abcat $10,000 per acre, a total of $149,500. Upkeep will be extra. Counc. Stokes teelll this should he revie.ed again at budget t~. ~y can ,,~udy the report in the meantime. The City ......8- aaid th:.;, inasmuch aa this will pro- bably be p~ next S\ '.Lng, could he be authorized to spray tbe* weëds. Be can rent a spr87er ror $35 for a .....k. xt; won't cost over $100 f'or the City to do this.. So moved by Coan/'. Pinch, seeoDied by Counc. Fitzgerald. ADS: <:ouDIi. Pinoh, Fitzgerald, Roel, Stokes MYS: øœ. ABSBIIT: ~..r J)empIIter Motion csrried, 4-0 D. iŒ-~ OF CITY _.I.J'UOoI>I\ 1. van Vleck Realt7. NIl comer of Hwy 9 and nrwln Lane. U;..-,: the recoemendation of the City Engineer. it was moved t: :o~c. Fitzgerald, seconded by Counc. Pinch, to adort R~.~lutiO~ 1235. approving flnal plans. ;.~: Counc. Pinch. Fitzgerald, Noel, Stol':es SoI.!3: None ;.3S~: Mayor ~ter Motion carried, 1'-0 ~;C~ recommendat~~n of the City Engineer, it was mo~cd ty :ounc. Fitz~e!"S11, secondo.! by Counc. Noel, to ado¡:: R.~lution 123;. aut~Drizlnb execution of :4>reement. 1.~: Counc. ~ncr_, PitzgeraU, Noel, Stoi<es ~,YS : None _~:yr: Mayor De!:pster Motion carried, ~-O ::;c:: recommeDi8o;lc" of the Clty Engineer, it was moved tr :O<1Oc. pitzgerald, seconded by Counc. Noel. to adore R=~lution 1237, &cce~ting roadwsy dedIcation. ;'!3S: Counc. r~-.:::!:. pitzgerald, Noel, Stokes K~!'5: None ~3"~: Mayor De=p6ter Motion carried, 4-0 2. Tract No. ~l03. Montebello. Unit No.1; west or Butb Road at Coluabus Avenue. U;cn recommendation of the Clty Engineer, it was moved by Coune. Finch, seconded by Counc. Moel, to adopt Resolution 1232, accepting Grant of Easement. J.ïS5: Counc. r..nc:h, Pitzgerald, Noel, S:okes HI.!5.: None ~: Mayo~' ~ter MotIon, carried, J¡-O -11;- .-- , ¡Jpan recolDIIIendat.!.on of the City L.1;?1.neer, it w¡:s lIJ:>v~d by cOunc. Pinch, seconded by Counc. Noel, to aðopt Resolution 1233, sccepting ~dway dedi~ation. AYES: Counc. Finch, Pitzr;erald, Noel. Stokes NAYS: 1Ione ABSEII'l': Mayor Dempster Motion carried, 4-0 Upon recommendation ot the Cit)' Engineer, \t was moved b7 Counc. Pinch, seconded by Counc. Noel, to adopt Resolution 1234, accepting Grant of Easement. A!IIS: Counc. Pinch, Pitzgerald, Noel, Stokes NAYS: None ABSBNr: Mayor Dempster Motion carried, 4-0 Upon recoDlDendation of the City Engineer, it was moved by Counc. Pinch, seconded b7 Counc. Noel, to adopt Resolution No. 1231, approving Pinal Map, etc., Tract No. 4103, Montebello, Unit Mo. 1. AYES: Counc. Pinch, Fitzgerald, Noel, Stokes NAYS: None ABSENT: :~ayor Dempster Motion carried, 11-0 E. REPORT OF CITY ATTORNEY 1. The City Attorney sai1 he has the Vallco Petition for the City of Cupertino to vacate two narrow strips of land, under Resolution 1239, settil1'~ the d~te of March 21, 1966, 8 P.M. as the time and place for said Hearin:;. Moved by Cour.c. Pinch, seconded by Counc. Fitzgerald, to ~dopt ResoÞtion 1239. AYES: Counc. Finch, Fitzgerald, !Ioel, Stokes }fAYS: None t.BSEJIT: Ma,'or Dempster Motion carried, 4-0 F. REPORT OF BUILDING INSPECTOR He reported that 2/3 of the City Hall basement walls are in ~lace. TI1ey are now placing gravel in the floor of the base~nt. The project is three weeks behil~ in schedule. G. REPORT OF RECREATION DI~R He requested a Minute Order from the City Co=cll, thai; a letter be written by the City Manager thanking the Cupertino Elementar.7 School District for their support of the City Recreation Program these past 3t years. So moved b7 Counc. Fitzgerald,seconded by Counc. Noel. Counc. Pinch &aid, t~ving worked with the Rec. Dept. over 3 years, he can fully appreciate the cooperation from the School District. Motion car~ied, 4-0 -15- ;.Ipon :-ecommendation of the City L.101.neer, it WI'S ",,,ved b:; Còunc. Pinch, seconded by Counc. Noel, to adopt Resolution 1233, accepting road~ay dedi'a~ion. AYES: Counc. Finch, Fitz¡:;erald, Noel, Stokes HAYS: None ASSERT' MaY01' Dernpste.r Motion carried, 4-0 Upon recmoneW'øtlon of the City Engineer, It was ~ved b7 Counc. Pinch. seconded b7 c.:.unc. Noel, to adopt !leac.lution 1234, accepting Oran\~ of .Ba~t. AYBS: Counc. Pinch. fttzgerald, Noel, Stokes 1IA!s: None ABSEIfl': MaJOr Dempster Motion carried, 4-0 Upon recommendation of the City Engineer. it was moved by Counc. Pinch, seconded b7 Counc. Moel, to adopt Resolution No. 1231, approving Pinal Map, etc., Tract No. 4103, Montebel10, Unit No.1. AYES: Counc. Pinch, Fitzgerald, Noel, Stokes NAYS: None ABSENT: :4ayor Dempster Motio') carried, !I-O E. RE:IORT OF CITY ATTORNEY 1. The City Attorney said he has the Vallco Petition ~or the City of Cupertino to vacate two narrow strips of land, under Resolution 1239, seltin: the date of March 21, 1966, 8 P.M. as tb~ time and pla·:e for ~,,1! Hearing. Moved by Counc. F1ncì1, seconded by CC..1n-';. Fltzgerald, to 3dopt Resolution 1239. AYES: ~ounc. Pinch, FitzGerald, IIDêl, Stokes NAYS: None ABS~: Mayor Dempster Motion carried, ~-O F. REPORT OP BUILDING INSPECTOR He reported that 2/3 of the City Hall base~ent walls are in place. They are now pIecing gravel in the floor of the 1:ase:nent. The project is three weeks behi¡td in schedule, G. REPORT OP RECREATION DIRECTOR . He requested é! Minute Order from the City Council, t.:, 0 .. letter be written lrJ the City Manager thankinc"the C"r"rc~nc Elementary School District for their s\!pport of the City Recreation ProGram these past 3, years. So moved by Counc. Fitzgerald,seconded by Counc. Noel. Coun~. Finch "aid, having worl,ed lIitb the Rec. Dept. over 3 years, he can f\.llly appreciate tr.e t:oo¡;eration fro!!! the School District. - Motion car!'ied, Ji-O -15- H. r.EPOR'J.' OP DIREC'lœ OP PLANNING 1. The Dir.ector has prepared a report Or! !'::'oþOsed ¡nduatrial ZOnes. He su¡;gested it be postponed beCbuse of this evening's long agenda. The,"" is no urgency on this. It 1IBS so moved, seconded and PSS8ed. X U_~"I!UUm BJsnmsS There ws none. XI JIBII ØI~ The City Manager aa1d the California City JlaMSera are _ting in Corc:aado this weele. Be would like authorization to leave on Weaneøday evening to attend at least a portion or this con"ention. So moved by Counc. Noel, seconded b7 Counc. Pinch. AYES: Counc. Pinct., Pitzgerald, Moel, Stokes N.'\YS: None ABSEN1': Mayor Dempster Motion carried, 4-0 xn ADJOURk"'ŒNT Moved _y Counc. Stokes, seconded by Coun~. Noel, to adjourn the rnee~ing at 10:t5 P.M. APPROVED; Is/ J. Robðrt Dempster Mayor J.TTEST: ? ,,__.. W - - De9U~y City ç GL..:.J...· , " O· ' ClerJc -16-