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PC 05-01-61 }' ( , ,J " ,;.". t,f~J (lee) , ~). O. Box 597 AL 2·,4505 C I T Y 0 FeU PER TIN ~ CUPERTlÑÜ, CALIFORNIA MLNU'I'E.3 OF THE REGULAR ¡.mETING OF THE CITY COUNCIL - MAY 1, 1961 f'lace: rime: 10321 So. Saratoga-Sunnyvale Read 8:00 P.t!!. SALUTE TO THE FLAG I ::a ROLL CALL CouJ1cJ_lmen Present: Counc:L1men p,Ì)sent: Staff Present: Benettl, Jewett, Pelosl, Salch, Laza,1eo None City l\1anager, City Attorney, Clty Engl"leer, City Cleric UT MiNUTES OF TEE PRh~IOUS MEETINGS: Aprll 10, 17, 19, 25, b 25, 1961 iVl.1.nutes of the meetlngs of Aprll 10 and 26 were held fbr f\.;~"ther con- sideratJ_on; Moved OJ Cr¡uncl1man Benettl that the minutes of AprJ.l 17, 19, and 25 oe approved as submitted; Seconr'è,'d by Councilman Salcl1. AYES: COUl1cl1men: Benetti, Jehe~t, PeJ.osl, Sai cl1, Lazanpn NAYS: Councllmen: None ABSENT: Councilmen: None MOTION CARRIED: 5-0 (CouncJ.lman Pelosl absta,ned from voting on) (the minutes of Apnl 25.) -r.¡ PUBLIC HEARINGS: 1. Ivan Bllich: App1icatlon to rezone lots ~3 & 44, from R-l:B-2 to R-3-H; north of Stevens Creelc Blvd. from T'l.aney to Portal 1'"c' of Wheaton Drive. Recommended b~· Planning Cormr,_ 3sion Resnl.l,c:C'Xl )" LouiS Segal, I.G.H.O.A., said that he told the Pla.nr.H'g C').~,"'1~,',7lon that this rezoning would be the first step In sellJx,g (,ll!)<;:;:';;:uc down the rlver. He sald he lS st:..ll of the same opH1Ïon becaus8 marlY applicants will appear before the City to seek rezolllngs if thelr property adjoins land which they consider to be potentially commer- cial. He said he does not understand how the Plann:cn~ Commlssion could agree and then vote In favor of the applicacion. J. Robert Dempster said the burdon of proof 11es with the applicant to show why the applicatlon is good for the City. He said that more services are required for multlple dwelllngs and that multiple dwell- ings also breeds juvenile dellnquency. He asked for a study 'co de- termine .~here to put a S·l;Op to mul tlple dwelling dlstrJ_cts 'il th par- tlcular reference to the lands .rhich abut comlTlercial or potential commercla1. Robert Michaelson sald there are disturbing factors In Planning Com- mission action and the impression is given that recommendatÜ:ns are based on the fact that the applicant is a native resldent (,' ·.as been a long time :L'esident and the fact that he may have undergone 'me har6. times which prompts the Commission to consider the applicatl( favor- ably. He said the land owners are given considera tlon and S¡Ürl to have certaln rights. He maintalned, however, that rezones s~uuld be based on merit. He concluded by saying that recommendation based on personal feellngs should oe stopped or the City Hill be hurt. Ivan Bilich .'¡as present on behalf of hi.s application. Councilman Benetti stated that all are concerned vii th the amount of R-3 zoning. Ivan Blllch stated thac the appllcation would serve as a buffer sone for one tiung, an~ in addltion,the parcel is not the place for R-l housÌilg. Moved by Councllman J3wett that the hearing licant who made the presentat:..on before the notifj.ed to appear beforecÌle City Councll; Saich. AYES: Councilmen: NAYS: Councl1men: ABSENT: Councilmen: MOTION CARRIED: be contlnued and the app- Planning Commlssion be Seconded by Councilman Benettl, Jewett, Pelosi, Salch, None None 5-0 Lazaneo -1- 2. Øa1Itlrw Del Bomea: Appl1ca t:ì.on for va.r1ance to. allew a W1Ûe where ord:manoe reqU1I>eS 10 J:hi 10;34 N. Blaney Ave. ed by Planping Commdða1on Be$¢1~t1on$Q. Ward Cl"Ump, 'the applicant. ~pla.1n~thè looat:t.on of the hou$è with :reference to. the varioUI>5etbacka.'1'tt~ pt'Opöaoo home wiU be' aet~ck 32 ft. from ÐlaneyJì.vé. He wid t~t. a.n poSSible conaiUJ$.t.iQ.n has been gJ. ven to.. the adJo:t.I'1:1t1g housea. tMa.e of ::E:1l1aand Welttt}t!r. whose homes were built bero~ tf¡¡;;! estapHsrunentot CUI"b grades. $.nd COnse- quently. are lower t¡Æinthe p.t'eaè!\t -street level. . Mr. Crump $tatad tbat the lot at 10534 is graded 66t~t .he t'UIloff will net 'be a. hazard to. the:adJo:1.ning homeaftes._ a.daed that a po1nt 25" above the curb level is t:he a.bl5()lute mim_height at whtch water Will run off to the 8t~. lot 65 ft. Re C O!JJltlend- Moved by Councilman Baich that the variance be granted; Sf),;onded by Co.uncl1man Jewett. AYES: Coul1.cilmen: NAYS: Councilmen: ABSENT: Counc1J.men: MOTION CARRIED: ÐenetU.. None None 5-0 Jewett.. Pel0~:i., Se.;¡.~h, Lazar,.~o. Mr. Segal said, with refeœnce to Item rv 1, that R-l dwelli.ngs surr- o.und the proposed multiple, also that a sçhOOl site is the im- mediate neighborñDod. V ORDINANCES ANl> BESo;w'rlOOS FORAOOP'l':roN A. Ordinance 115: Proh1b:LUng the sale of . fireworlcs with:i.n the <:1ty limits and prov1d'1ng penalties for the violation thereof. First reading. First reading given. B. Ordirance 176: Rezoning property of ltI.pley Romes, 17 aCI'8S, :from R-l:B-2 to. R-l, between Forest, Blaney & Vista. First reading. Councilman Benetti asked that the Chamber of Commerce letter dated May 1 be read at thia time. The letter contained a reso.lution of the local Chamber of Commerce urging the City Council to a8m re a ciVic center site at the location across from (:ol1lns School as des- ignated :in the report of Cupertino. Parks And Recreatio.n Co.mmission dated November 1. 1960. Thef/la'yor stated tœt the fhty is working fervently toward recr.-tion facilities; everyone is in agreement that they are needed. Louis Segal informed the Council that the residents of Idlewild Greens are in favo.r of a bond issue for recreation. However, the Mayor M:i.dthat an attell!þt to reserve a. park site years befo.re the City is 1na poS1t:ton 'lio aCl!¡1.lire it is an ;¡,nju1!Itic(' to the owner and the ÞUilder. Carl Tucci to-ok tbe þOsition that it ~s -.n 1aj\\stic€ to the ~ J.y 8nd ita residents to allow t~ slte to be lost to rec:œation. He~o¡¡,Üd- ered it a quel(itJ.on of the ; .nte¡'(tstø Qf a£ew opposed to. the lilter'est3 or many. Councilman Pelosi said that he had some views to present o.n the sub·· ject of civic center and would do scat the time for oral communica- tio.ns. Ordinance 176 given first reading. C. Ordinancef177:M Rê~o.ning Dr9-pertv of Donª~' & Fisher, 1 acre. Sim- la Junction, rom -l-tl ~ ç~~-tl~ Fírst reaaJ,ng. First reading given. D. Ordinance 128A: Amending 0rdinance 128. F~rst reading. First reading given. E. Ordinance 163: Prøhlbiting certain land uses fo.r single family residentlal construction which may b~ in conflict with the pending zo.ning ordinance and declaring the urgenòy thereof. -2- Reading given to Ordinance 163. Councilman Salch moved the enactment of Ordinance 163. After discus- Slon he withdrew his motiOn. After further discussion it was moved by Councilman Saich that Ordi- nance 163 be enacted; Seconded oJ Councilman Benettl. AYES: Councilmen: Benetti, Jewett, Saleh, Lazaneo NAYS: Councllmen: None ABSENT: Cow1ci1men: None ABSTAIN: Councilmen: Pelosi MOTION CARRIED: 4-0 F. Resolution 442: Resolution of the City Council granhng fire\lorlm permits. Continued to the meetlng of May 15. G. Resolution 446: Accepting real property from Jacl, Lyddon. The property 16 located at the northwest corner of Vista and Stevens Creel, Bl vd . Moved ÒJY Councilman Benetti tha t Resolution 446 be a;élop; eò' Seconded by Councilman Jewett. AYES: Councilmen: Benetti, Jewett, Pelosi, Saich, Lazaneo NAYS: Councilmen: None ABSENT: Counc:l.lmen: None MOTION CARRIFJ): 5-0 ft.' Resolution 443: Appointing Mrs. D. J. El3ke$en to the C:it8' Park and Recreation Commission. Councilman Benetti requested the FtesQlutlon be changed to ¡,!-..)w that the vacancy was created by increasing the membership of the Park and Recreation Commission. Moved by Councilman Councilman Benetti. AYES: Councilmen: NAYS: Councilmen: ABSENT: Councilmen: MOTION CARRIED: Saich that Resolution 443 be adopted; Seconded by Benetti, Jewett, PeloSi, Saich, Lazaneo None None 5-0 Councilman Benetti added that the Commisslon needs one more member. VI PAYING BILLS A. Resolutions 444 and 4l¡5 Moved by Councilman Sa~ch that Resolution 444 be adopted; Seconded by Councilman Benetti. AYES: Councilmen: Benetti, Jewett, Pelosi, Saich, 1.azanec NAYS: Councilmen: None ABSENT: Councilmen: None MOTION CARRIED: 5-0 Moved by Councilman Benetti by Councilman Saich. AYES: Councilmen: NAYS: Councilmen: ABSEN'l'; Counc:Umen: MOTION CARRIED: that ResOlution 445 be adopted; Seconded Benetti, None None 5-0 Jewett, Pelos:l., Saich, Lazaneo VII PROTESTS AND WRITTEN COMMUNICATIONS Robert Bandatura, representing Northwestern Enterprises, Miller Ave., said he had been asked to appear. The Mayor advised Mr. Bandatura to return May 15 at which time the Architectural & Site Control app- lication of Northwestern Enterprises would be on the agenda. 1. Building Inspqctor: report for April 2. John P. Gates, Westacres Dr.: Application to fill vacancy on the Planning Commission (July 12, 1961). Moved by Councilman Jewett that June 17 be set as the final date for accepting aprlicants to Planning Cornrrassion; Seconded by Councilman Benetti. -3- matter, 8tat1ng that it iß thet'eßþc:mßibility of the City Council to enact Qrdinance$. Councilman PelOSi ea1d there im merit in the idea of having Cham- ber of Commerce views on proposed ordinances or City policies made known tQ the City Cnuncll. The Mayor observed that all ordinances on the subject of land use are presentlY referred to the Planning Commission for recommenda- tion and l1ICI41t'1eation if deemed necessary. He advised all 1ndi v- iduals or agenc1e$ to place themselves on the mailing list for min- utes and agendas in order to keep infOrmed on current City affairs. Councilman .Pelosi addied that he 1s not proposing or endors1ng the idea tha~ the Chamber of Commerce be the sole voice of the public in the C:J.ty but rather that they represent one segment of pubhc opinion anr.i should Þe recognized as such. 2. !he Regnart Creek channel must still be extended through the \'lalnut Grove developement to Highway 9. The agreement with M. J. King requires the ÞU11der to acquire the necessary property thru and adjoining his subdivis1on. At present the o¡mer and subd:'.v1del cannot come to agreement on the price o.r this land. The Nei(¡;bbomoOà Plan of the site was posted. The May , suggested that the matter Is a legal problem. The City Engineer reported that his recommendation of approval was based entirely on the acquisition and construction of the Reg_ nart ditch th:fOugh the subdiV1lSion and is a requirement of the 8ubdivicier in the agreement. Councllman Jewett moved that legal Counsd check the lega.11 >j and procedure in cOnjunction with the City Mal~ger and City Engineer; Seconded by Councilman Saich. AYES: Councilmen: Benetti, Jewett, PeloSi, Saich, Lazaneo NAYS: Councilmen: None ABSENT: Councilmen: None MOTION CARRIED: 5-0 3. The Mayor St.1ggested tha t the Statewide rezoning problem be referred back to the Planning COmmission for future referral to: the City Council. Councilman Jewett asked why the situation 15 being reconsidered in view of the letter withdraWing the Statewide appllcation. The City Manager advised that the City Council had asked for a report on the subject. Councilman Benetti stated that Ray Ðell has asked for a review of the matter and Councilman Benetti said he fells it shr>l.'ld be resolved along with the adjacent lots in the same situab :"1. Councllman Belosi Aid the problem should not be before '~_le Ci ty CounCil but should be referred to the Plann1ng COmmission or the City Council should hold a study session of the situatlOr. affect- ing the three blocks in the subdivision. Moved by Counc:llmanÞenett¡:;t that. the matter of the 10!'t. just outside the C-l-H zone between SeOf1eld and Rodrigues be referred to the Planning Commission .ror decision; Seconded by Councilman Jewett. AYES: Councilmen: NAYS: Councilmen: ABSENT: Councilmen: MOTION CARRIED: Benetti, None None 5-0 Jewett, Pelosi, Saich, Lazaneo The Mayor asked the City Manager to notify all people in the aff'ected area. G. Report of City Attorney 1. Mr. Anderson referred to the Backman letter \/l1ich had been delivered to him. He reported that Ordinance 50 is silent on the subject of returning stonn drain fees as in the subject situation but he advised that it is the prerogative of t)¡¿. Council to paSE -5- a reaolut:um authoriZlng the return of T, A. Backman I s storm d:rtun fees. Moved øy COUT,cllman Stich that .Backman be refunded $1,050.00 wh1en he deposlted with the :::íty on the bas:!.s that the storm draln fee w:!.ll be ¡oedeJlOsited H' he ¡-eturns wlth an apphcatlon ror the same property; Seconded by rlounC:ìùnan Jewett. A1ŒS: Cour.cilmen: IhnettJ., Jewett, Pelo:n, Saich, La.zaneo NAYS: CoUTlCl1men: NÌ)ne ABSEN~~t: Counc1lmen: N<>tle MOTIo-I CARRDD: 5..0 2. R!solut~on 434 pro"tldes for the appointment ot Nick J. Lazaneo as Cupertino. alternate to the Santa Clara County Water Comm15sJ,.on, also apPo:Ltting the :Ma:~or as member. At that tlme Mr. Lazaneo Has not rø;tyor. The (Jounc;.~ agreed to :~et the appointments stand as named in Reso- lutl:>n L!.3i¡. rather tt.an make a change due to the change in the po- sltJ.on of the Mayor. 3. 'fhe City Attorney: .ntroduced Resolution ¿¡47 endorslng Assembly Bll:. 20'..e Relatìng rJ:> Bstablish1ngCounty H1gh\~ays Within Cities And Requesting The~ta\:e Leglslature And The Govemor T.. Enact Said BÜ.l Ilitl: Iaw. CoUÐCJ"lmr~n BenetlS:t Euggested that Cupertino would be relinquishing cltJ j1.\r·lsdiction ;Jy endorsing such a bill or at least it would alJ~w the Clty to rellnqUlsh jurisdictlon at some future time. He r~··."'.,rred to the £1.pected agreement wi th the Count~, conceming High- ~'1 9 and said s~)h a blll could affect C2ty posJ.tion on Hi?,hway 9. ~.SCussl0n follorEd and concluded with the i~yor advising thcl City A,.torney to make a report on proposed Resolution 447 and the City l<t,tnager to make a report on the Highway 9 agreement. H. Peport of Planning Commlsslon :~e mlnutes of April 24 and agenda of May 1. :1;.- Report of' City Engineer See City EnglTleer's report, May 1. 1. See Item V G 2. Moved by CounCilman BenettJ. that the munlcipal improvements for the deveJ.opeo.Jlent at the northwestern corner of Vista and Stevens Cree!c Blvd. (JaCk R. Lyddon) be accepted wlthche provisl0n that electrohen$ be requlred at time of applicatlon 1'01' building permit; 3econded by Councilman Salch. AYES: COtmcilmen: Benettl, Jewett, Pelosi, Salch, Lazaneo NAYS: CO',mcillllen: None ABSENT: C<Þuncllmen: None MOTION CAURIED: 5-0 3. Moveà by Councilman Salch that ReSQlution 448 be adopt(Od Belng A ftesolU'tion Accepting Deed ToRea.l Property For Road Purposes; Seconde41 by Councilman Jewett. . AYES: Councilmen: Benetti, Jewett, PeloSi, Saich, Lazaneo NAYS: Councilmen: None A~I Councilmen: None MOTION CARRIED: 5-0 The property is deeded by Cupertino Unien School Dlstrlct and lS situ~..ted adjacent to Tract 2741. 4. Standa1'd speciflcatlolls and master storm drain plan postponed to t;he next agenda. 5. City Englneer reported that Gousha & Co. had dellvered late thl~ da'ce the latest revislon of the area map wlth a request for study an,d approval of same. ~Ðved by Councilmen Benetti that the map and letter be referred to t,he City Manager for ansHer; SecOnded by Councllman Jewett. J..\YES: Councilmen: Benetti, Jemi!tt, Pelosi, Salch, Lazaneo HAYS: Councilmen: None ABSENT: Counci linen: None MOTION CARRIED: 5-0 -6- IX UNFINISHID .lL1U~: A. . ~r~~;SOi~,l' . ·>1 ,~ B. Santa Clara ðo..,. *t.tr Gt:Jø¡¡,J.S81ots CouncJ.lman "108.1. ea1d tbat ~ ..Unc iø scheduled tør .,. 3 1.n the anemoon wUb sea ~~ Øme1alø or tie He',* 118". water 8Jete1l1 <hie toPl'uest 1atofttatton. Cauftci1møft PelO1J1 ftltefttte4 taat 8 Ci:ttea within the co.,,. at'! aot l'eþftlllet\ted. ~ COIIIP!'1.se the SlltaU... cities wb1ch be eud tit! 'he;t:r Sbare and _1'$ 1n ~ N~...t øueceeøl\ll elect1et1 or thè $To IIIUl100 bond issue.,. lfoød1lJ~ton is ~ _ tile ~rsh1þ oZ the CoIlll!l1aæ.oo. IadI .lII1:'er city baa been esM4 i'Jr a reaolut1.on or enél- orsemet1$ but ~l1an Pel0$1feela that tbrt absence of 8 cit1eø should be CO!"I'ØCtet'I.lfesug¡eøtelS that Cuprrt1no not enact the :reao- lutJ.on of eupport as ~ on the gl'O\lll!Ss t.hat tbet Coø!nl)41on <!oes not represent the entiA Goun~;y. Moved b,. Coune1l111an .Jewett tbat the \'!:ity CouncU go on reco~ &8 back- ing a 16 Ember Couran._:too; 3eçonded by Counclllllal) DenettJ.. AYES: Counc11_n: Benetti. J'e·...,ett. Pelosi. Saieh, Lazaneo NAYS: Councllmen: Jibne ABS8N'I': eouncU".n: ~ lIIO'!'ION CARRIED: 5-0 Counc1.1ma.n PelO81 .tateð that he would l1ke a reøolut1on prepued May 2 endorsing a 16 -nx1" OoøIøies1on. So moved by 00une1~ Benetti; Seeonc:1ed by CounCilman 8enetti. AYES: Councilmen: Benetti. Jewett, Pelosi, Sa1ch, Lazaneo NAYS: Councilmen: None ABSENT: Counc:llmen: None MOTION CARRIED: 5-0 c. Miscella~ 1. '!'he Ma,-or Rat.ed that the City Councll hU PO-H and. II-i-PH ord- inancee under a4T1M/IItmt at: tbe preøent Utile an<t proposed. tM-t t~ ord11'1&nC:1ee be referre4 to ~be Planning ~i staton for action along with the proposeð C-2-8 ordinance. He favored ~1c heaf';iAg8 on theS( subjeots at Planning Commis6ion level. Moved by Councilman 1!enetti tihat Resolution ~24 be ..ated. A ReeolU- tion Of Intention To Initiate An Ame~t TO Ordinance 002 10 Be Known As Ordinance 002(H) ProViding ~r ßegulat10n5 lI'ol" Profess1onal Administrative Zoning (PO-H) And Light Ldustrial Partt Zoning (M-I-PH); Seconded by Councilman Saleh. AYES: Councilmen: Benetti, Jewett, Pelosi, Saich. Iazaneo NAYS: Councilmen: None ABSENT: Councill'llen: None MOTION CARRIED I 5-0 2. Cow1Cl~ Peloe1 a~ whetAèr tmyi;b1ng further had "c'.u-ed concemi.Qg Ma~ Avenue aQ1 the P.rt1l¡;mt Un10n tJ;i.gh ~1 D;¡.at{'i~t. ~ "'-!!Yt'" .. If_Ad tIJIIIt. n~i....... ..uíl In P!",U'B. X NEW BUSINESS A. Statewide rezoning See Item VIII F 3. B. Miscellaneous None XI ORAL COMMUNICATIONS 1. Councilman Pelosi referred to the civic center sJ.te. He said that it was decided 2~ years ago to set åside pañc sites next to schools. With reference to the s1te proposed 1n the Jtecreation Colll!l1SIS10n Re- port, oppos~te Collins SchoOl, he said that there are other sites ava11able for /J. ,;i vic center and named the southwest comer of Stelling and Stevena Creel' Blvd. as a prime 10cat10n. He proposed that a meet- ing between the ~ereat~on Comm~ss10n and the City Council shOuld be called more often. 2. The Mayor commended the CiVil Defense 1>1'1'ector, Tom Burrascano, -7- ['or·Lf. Htt'emen4<lu1l' jòb.I" and' ea;tð". that Cupert1no is one of the leading cÜiecs' in" tþf.r' ma't'.r' or:olv:tl defense dUe lax-gely to his efí'orts. .& al:1ke~i" the{ City" lIalaa'Sel"' tio' p1'epa re a let te r of colT!l!liendation to Mr. BlÌrftìscano; . 3~thê'MayOrþl'Opoøed that the Git7 Councll hereafter meet avery 10M~ and,thé 11ann1ng Colllll\1581OO meet every Tuesday. Be aaked the C1ty Attòrriey What legal steps woul<i Þe necesHr,y to iapleaent tMe change to whicb. Mr. Anderson replied that the t:i.me for regular ~t= 1ngs coUld be cbanged Þy ordinance. Moved by CouncUman Jewett that the C1.ty COW'lcll meet every Monday provi;ding a sChe4ule can be worked out wi fll:\ the f'lann1ng eomm1S1I10r); Seconded by Councilman Benetti. AYES: Councllmen: Benett1, Jewett, Pelosi, S81øb.. Lazaneo NAYS: Councilmen: )lone ABSENT: Counci11llen: None MOTION CARlWID: 5-0 4. The Mayor rem1nded the Counul that two interviews with prosþeC- tive plamung eoneultants are scheduled tel' the fOllowing Tuesday night. CouncilmanfelO81 a&ked to see the entire rUe of planning ~onsultant6 applicants. The Mayor turned over the file to Coun~11man P~lo81. XI! ADJOORNMEN'r Meeting adjourned at 11:35 P.M., .,. 1, 1961. A PPRO'!ED: ~s/ Hick: J. Lazaneo yor, City of Cupertino +;:ch I ( \lhx" J ty Clerk - f!~