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CC 05-18-70 CITY OF CUPERTINO, State of California l0300 Torre Avenue, Cupertino, California Phone: 252-4505 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL HELD MAY 18, 1970 IN THE COUNCIL CHAMBERS, CITY HALL, CUPERTINO, CALIFORNIA Mayor Stokes called the meeting to order at 8:00 P.M. and led the salute to the flag. Roll Call Councilmen in attendance: Fitzgerald, Frolich, Green, Noel, Mayor Stokes. Staff present: City Manager Storm, City Clerk Ryder, Director of Public Works Yarborough, Planning Director Sisk, Chief Building Inspector Benevich, Director of Parks and Recreation Parham, Assistant Planner Cowan. Minutes of Previous Meeting It was moved by Councilman Noel, seconded by Councilman Fitzgerald and passed unanimously that the minutes of May 4, 1970 be approved as sub- mitted. Written Communications 1. City Clerk Ryder advised the Council of à request submitted by Mrs. Ruth McGuire, l042l Phar Lap Drive for cancellation of a previous re- quest for a public hearing on the installation of a footbridge across Stevens Creek. Prior to taking any action on this request, Mayor Stokes permitted members of the audience to address the Council on this subject. It was brought out by various members of the audience that either the pub- lic hearing should be heard as scheduled for settlement of the matter or that an indefinite postponement be imposed to permit group discus- sions to be held. The question was asked if a public hearing would result in a final de- cision. Mayor Stokes said that this Council could not guarantee that no future question would be raised regardless of the decision at this time as this matter had been discussed several times in previous years. Councilman Noel expressed his feelings that the homeowners, if they had not already done so, should get together and discuss the situation among themselves. Mayor Stokes said he thought this was more of a neighborhood problem and it would be much better to have it settled there, and then for the residents to come before the Council with a positive recommendation. Councilman Fitzgerald expressed his views which were similar to those of the Mayor and said he had remembered previous discussion resulting in CC-45 roll call minutes approved discussion of footbridge request page 2 Council discussion public hearing set for July 6 report requested Poppy Days proclaimed library construction bid authorized traffic counts Minutes of the City Council May l8, 1970 cc-45 Written Communications Cont'd. almost an even division of sentiment among the residents. Councilman Frolich said that sooner or later the City must express it- self and take a stand on the question. He suggested the possibility that this hearing be rescheduled at a later date. Councilman Noel moved that the City staff become involved in this question and instigate meetings within the neighborhood areas and submit a report to the Council prior to any action being taken. The motion was seconded by Councilman Fitzgerald. During the discussion of the motion Councilman Frolich indicated that it sounded as if the City would be willing to go along with the majori- ty. Mayor Stokes said that the Council did not necessarily go along with any numerical majority of anyone given neighborhood if it clear- ly was against the best interests of the City as a whole. Councilman Fitzgerald then moved to amend the motion to permit the City staff and neighborhood residents a chance to work out differences of opinion and to reschedule the public hearing for July 6, 1970. The motion was seconded by Councilman Noel and passed unanimously after which the initial motion was passed unanimously. Councilman Noel then requested that the staff prepare and submit a written report containing as much information as possible for the benefit of the Council. 2. At the request of the Cupertino Stevens Creek American Légi.on auxiliary it was moved by Councilman Noel, seconded by Councilman Fitzgerald and passed unanimously that May 22 and 23, 1970 be designated as "Poppy Days". 3. The Board of Supervisors advised the City, Council of their au- thorization for the City of Cupertino to proceed with the award of the construction bid for the new Cupertino Library building for a total cost not to exceed $580,900. 4. The District Traffic Engineer for the Division of Highways ad- vised that a traffic count was made on the Saratoga-Sunnyvale Road at McClellan Road on March 29, 1970 and a count is scheduled for the inter- section of Rodrigues Avenue in June, 1970. Such counts are required for evaluating the need for traffic signals. 5. The letter of Donald B. Elwood was read into the record which advised the Council of action taken by the Cupertino School District of May 14, 1970 which declined to grant assistance for thc footbridge over Stevens Creek. It was moved by Councilman Noel, seconded by Councilman Fitzgerald and passed unanimously that the communications be filed. Minutes of the City Council May 18, 1970 Oral Communications Mayor Stokes introduced the members of Girl Scout Troop 960, under the leadership of Marilyn Spiller, who were attending the Council meeting as a part of their "My Government Committee". Miss Diane Hughes read a letter of appreciation to the Council for the use of the Recreation Building in Portal Park. Mayor Stokes commended them for their interest in the City and said that their appearance and appreciation made the long working hours more worthwhile. Reports From Council Representatives Mayor Stokes reported that the Transportation Policy Committee was in the midst of a study for a Mass Transit Program which is scheduled for placement on the November ballot. The details of this particular pro- gram have not yet been finalized but it is expected that they will be in the near future. There were no other reports from the Council Representatives. Planning Commission Application 9-TM-70 from Foothill Investment Company for a Tentative Map for approximately 6.47 acres located easterly of Foothill Boulevard, between Alpine Drive and Salem Avenue. Recommended for ap- proval by Planning Commission on May 11, 1970. Planning Director Sisk presented the application, pointing out the site location by means of visual aids. He reported that this parti- cular application was to eliminate individual property lines to per- mit the development of one 6.47 acre parcel. At the Planning Commis- sion level it had been conditioned so as to permit but one access to Foothill Boulevard. He said the location of this one access would be left to the decision of the City Engineer and the Planning Department but that the Planning Commission would approve the final development plan. It was moved by Councilman Fitzgerald, seconded by Councilman Frolich and passed unanimously that Application 9-TM-70 be approved as recom- mended by the Planning Commission. Referral to the City Council from the Planning Commission of its report on the review by the Commission of Applications 4-Z-70 and 7-TM-70 from Saratoga Foothills Development Corporation for a rezoning and Tentative Map of approximately 38.49 acres located at southwest corner of Home- stead Road and Blaney Avenue. CC-45 page 3 visit by Girl Scout Troop 960 Transportation Policy Committee report 9-TM-70 legend presentation 9-TM-70 approved 4-Z-70, 7-TM-70 legend page 4 comments by Chairman Hirshon remarks Director of Public Works comments of Councilmen Minutes of the City Council May l8, 1970 CC-45 Planning Commission - 4-2-70, 7-TM-70 Contd. (Application 7-TM-70 approved by City Council on May 4, 1970. Ordinance No. 458 for the rezoning on second reading under Item No. 24 of the agenda.) Planning Director Sisk referred the Council to the previously submitted written report and said that Chairman Hirshon of the Planning Commission was present to explain further the action taken by the Planning Commis- sion. Chairman Hirshon reviewed the history of these applications and the rea- son for their having been returned to the Planning Commission for further deliberations. He said, although the Commission previously had approved these prior to sending them to the Council, the current vote resulted in a 2 - 2 tie. Commissioner Puetz had changed his vote due to the confu- sion involving the acreage computation and his feeling that the density was too great. Those who had voted in favor of the development had done so for the same previous reasons given, having to do with the quality and the amenities, making the additional three dwelling units per acre not significant. Councilman Green commented that the statement was made that traffic on Homestead Road was not a problem and other statements had been made that it was near the saturation point. In answer to a question from Mayor Stokes, Director of Public Works Yarborough said that traffic generation from this development would be large and would result in diversion of some traffic to other streets. The traffic generated would affect the whole street system but it was his opinion the difference in density was not that much of a factor. Homestead Road would take 20,000 cars per day and at present this is approximately 13,000 but hourly capacity is more critical than daily totals. Councilman Noel said that his previous negative votes had been on the basis of density. If the density was for l6 dwelling units per acre he would be completely in favor of the project but that he could not quite see 15% of the City's population being concentrated into one small area. It was his bpinion that traffic probability was unknown at this time due to the additional requirements that could be imposed by the potential Mariani Mall and the Pay Less Drug Store. Councilman Fitzgerald said that he had not changed his mind. He still was in favor of this as the quality was of the highest excellence and the Master Plan called for the highest density in this area. It was his opinion the 20 dwelling units per acre had been taken from the applicant by the City witoout the benefit of a public hearing. Councilman Frolich also said that he had not changed his mind. It is true that the total number of ùnits differs by more than l20 but this is offset with the eljmination of some commercial zoning. He said Minutes of the City Council May 18, 1970 Planning Commission - 4-Z-70, 7-TM-70 Cont'd. the ordinance is clear on permitted reasons for adjustments to higher densities and that the matter of quality was subjective. He thought the City could and should use this tool for acquiring better develop- ments. He also cited the extra provisions for parking and the park facilities within it as examples of high quality. Mayor Stokes commented that his previous abstentions on this applica- tion had been due to the procedure of using a variance type of approach to get the desired zoning. He was not opposed to multiple housing in this area as that was the most logical. He explained that single- family residential dwellings would not be acceptable because of the location being in the midst of Light Industrial, the freeway, a poten- tial commercial development and other high density areas in Sunnyvale. The Mayor then related the situation as it now stood in that not all of the area had been zoned for 20 dwelling units per acre and that some had been for Rl and some for Commercial. Because of this he did not feel the variance procedure to be correct although he agreed with Councilman Frolich's views on the subjective nature of quality as per- mitted by the ordinance. Mayor Stokes then suggested that he would be in favor of leaving that portion of the R3 zoning as it was originally at the 20 dwelling units per acre and rezoning that property which had been Rl and Commercial at 16 dwelling units per acre. He said he had not calculated what the total units would be and asked the staff and the applicant to make such calculations and express their opinions. Mr. Jerry Lohr, President of Saratoga Foothills Development Corporation, presented figures which received the concurrence of the Planning Direc- tor. It was a total of 39.6 gross acres involved which originally had been zoned 22.6 acres for apartments, 10 acres Commercial and 7 acres for Rl. These, however, had not been specified as to exact locations for each. On the basis of the suggestion made by the Mayor this then would mean that 22.6 acres would be permitted a density of 20 units per acre and l7 acres at l6 units per acre. This results in a total of 724 units. Councilman Noel indicated that he was in complete agreement with the quality of the project but still felt that density, as previously pro- posed was too high. He said he had seen no effort on the part of the applicant to attempt any compromise on reduction in total density. Mr. Lohr stated that the application originally was for 758 units; had been pared down to 754 because of street dedications; and then,to 750 after the last Council meeting. He pointed out the parking ratio of 2~-1. He also said that he would be willing to decrease further but, inasmuch as he did not own the property, it would first be necessary to converse with the owner. It was his position that he would not re- duce the density if it meant that the quality of the project would have to suffer. CC-45 page 5 Mayor's comments comments by the applicant Council comment further comments by applicant page 6 statement by Mayor 4-Z-70 approved ¡": .., ii Minutes of the City Counc#l May 18, 1970 J , Planning Commission - 4-Z~70, 7-TM-70 Cont'd. CC-45 Mayor Stokes thought that the suggested ',ompromise was beneficial for both the applicant and the City. If presentations could be continued on this basis it would eliminate in his mind the ".J,"c ,,' ..,~ "v using the variance approach and he would be ready to cast his vote. It was moved by Councilman Fitzgerald, seconded by Councilman Frolich that the existing R3 Zoning be approved at the previously adopted 20 dwelling units per gross acre with the remaining 17 acres being re- zoned at 16 dwelling units per acre subject to the conditions as re- commended by the Planning Commission. Ayes: Councilmen Fitzgerald, Frolich, Noel, Mayor Stokes Noes: Councilman Green Absent: None Mayor Stokes called a short recess at 9:20 P.M. Vice Mayor Noel presides The meeting reconvened at 9:35 P.M. with Vice Mayor Noel presiding. Ord. 458 Ord. 458 returned to first reading Ord. 458 amended Mayor Stokes presides On reconvening the meeting Vice Mayor Noel requested and received un- animous consent of the Council to consider the second reading of Ordinance No. 458 at this time, immediately following the approval of the Application 4-Z-70. Second reading of Ordinance No. 458 continued from May 4, 1970: "An Ordinance of the City of Cupertino Amending Section 1 of Ordinance 2 by Reclassifying a Certain Portion of the City of Cupertino from Multiple Residential (R3-2.2), Single-family Residential (Rl-7.5) and General Commercial (CG) Zone to Multiple Residential Cluster 2200 Square Feet Per Dwelling Unit (F3C-2.2) Zone; Approximately 37.666 Acres Lo- cated Southwest Corner of Homestead Road and Blaney Avenue." It was moved by Councilman Fitzgerald, seconded by Councilman Frolich that Ordinance No. 458 be returned to First Reading. Ayes: Cunne! lmen Fitzgerald, Frolich, Noel Noes: Councilman Green Absent: Mayor Stokes Councilman Fitzgerald moved and Councilman Frolich seconded to amend Ordinance No. 458 to incorporate therein the motion of approval just passed for Application 4-Z-70. Ayes: Councilmen Fitzgerald, Frolich, Noel, Mayor Stokes Noes: Councilman Green Absent: Non" Mayor Stokes resumed the Chair. Minutes of the City Council May 18, 1970 Architectural and Site Approval Committee 437-HC-70 from Federal Signs, 1521 Termi.nal Avenue, San Jose, requesting approval to install a 3'6" x 47'0" lettering sign for Mervyn's Department Store, located at 20730 Stevens Creek Boulevard. Recommended for ap- proval on May 13, 1970. Chief Building Inspector Benevich stated that this application conform- ed to the requirements of the Sign Ordinance. It was moved by Councilman Noel, seconded by Councilman Green and pass- ed unanimously that Application 437-HC-70 be approved as recommended. 464-HC-70 from Norman Sinclair, 3170 Riddle Road, San Jose, requesting approval to install a walk-up teller's window at the Crocker-Citizens Bank locat- ed at 20600 Stevens Creek Boulevard. It was moved by Councilman Noel, seconded by Councilman Fitzgerald and passed unanimously that Application 464-HC-70 be approved as re- commended. Application 465-HC-70 from Erlich, Heft & Rominger, 2470 El Camino Real, Palo Alto, requesting approval to construct an industrial building to be located on the northwest corner of Bubb Road and McClellen Road at the proposed extension of Imperial Avenue. Director of Public Works Yarborough stated that the applicant had re- quested a continuance on this application in that a tentative map was in the process of being reviewed by the Planning Commission and it was felt that both applications should be reviewed at the same time by the City Council. It was moved by Councilman Noel, seconded by Councilman Frolich and passed unanimously that Application 465-HC-70 be continued. Parks and Recreation Commission The minutes of the Parks and Recreation Commission meeting of May 11, 1970 were received. Public Hearings Appeal of Gregory S. McCarthy, Jr. and Lorraine K. McCarthy requesting the City Council to reverse the Planning Commission decision of April 13, 1970 approving an application from Mrs. Helen L. Nelson for a real estate office as a home occupation at l08l0 Farallone Drive. CC-45 page 7 437-HC-70 legend 437-HC-70 approved 464-HC-70 legend 464-HC-70 approved 465-HC-70 legend 465-HC-70 continued page 8 remarks by Planning Director appeal rebuttal by applicant discussion by Council " i " Minutes of the City Council May l8, 1970 cc-45 Public Hearings Cont'd. Planning Director Sisk reviewed the history of this application and its hearing before the Planning Commission, referring the City Council to his written memorandum. He stated that one of the questions was that of the side door entrance and related this to the requirements of the ordinance for home occupations. Mrs. Lorraine McCarthy, aided by Mr. Gregory S. McCarthy, Jr. and visual charts, described the different types of home occupations that could be permitted under the ordinance and then related this particular applica- tion to the provisions on employees, entrances, parking and pedestrian and vehicle traffic. She stated that the residential area in the vicini- ty of this office had approximately 40 children between the ages of 4 and 15 years. It was her opinion that the increased traffic being gen- erated from this occupation would create a hazard to the children. She also claimed that the approval of this home occupation would establish a precedent for many different types of home occupations in the future. She then presented a petition signed by residents of the area protesting any approval of a home occupation in that neighborhood. Mrs. Helen Nelson, the applicant, answered in rebuttal some of the al- legations made in protest to her application. She said that the pre- sence of 5 cars at her house could have meant that her 3 children were visiting at the same time. Her business was conducted on the basis of appointment only and that the closing of escrows was done at the title company. She said, at times, there was a man in the house who answered the tele- phone but that this role would be nothing more than as a personal friend who would do the same. It was her contention that he could not be classed as an employee. She also said that the entrance in question was installed for convenience of personal living rather than as a business necessity. Members of the audience spoke both for and against this particular ap- plication. Councilman Noel stated that Bollinger Road, on which the side entrance was located, carried much traffic. He noted that next door to the residents there was a church which often had much activity. He did not object to the location for a home occupation but thought that it might be setting a precedent. Councilman Fitzgerald said that he knew a similar operation down the street but with a difference in the means of entrance. He was not in favor of a real estate office being conducted from a home and pointed out that he had his business in an office. He said, however, that if the ordinance provided for this to be a legitimate home occupation that he would vote in favor of it, regardless of his personal prefer- ences. Councilman Frolich said that he had been against this application at 1/ Minutes of the City Council '"ay 18, 1970 Public Hearings Cont'd. .., the Planning Commission lcvel. He did not think traffic was a problem, particularly on Bollinger Road, and that whether the doorway was in- stalled before or after the existence of the home occupation was not a factor. He said that he thought approval of this could be setting a precedent. Councilman Green said he had driven by the residence that afternoon and found parking to be somewhat of a problem. He described the en- trance from the side door as leading to a den and from the den to the office. He said he was not sure as to whether this actually was a residence entry as the den could be used for the overflow of office supplies and files. Mayor Stokes apologizcd for not having been able to drive by and view, first hand, the residence in question. It was his feeling, however, that action on this application would not necessarily set a precedent. It was his opinion that the requirements of the ordinance must be met and that the entrance way, as described by Councilman Green, could be a factor. It was moved by Councilman Frolich, seconded by Councilman Noel that the appeal as filed be sustained and the application be denied. Ayes: Councilmen Frolich, Green, Noel Noes: Councilman Fitzgerald, Mayor Stokes Absent: None Second reading of Ordinance No. 459: "An Ordinance of the City of Cupertino Amending Section 1 of Ordinance No. 2 by Reclassifying a Certain Portion of the City of Cupertino From Agricultural-Recrea- tional (A-ua) Zone to Residential Single-family 7500 Square Foot Lots (Rl-7.5) Zone; 2.67 Acres Located Southerly of Riverside Drive, Between Foothill Boulevard and Drea Road." Mayor Stokes said that the public hearing on this ordinance had been closed but several people in the audience had indicated their desire to speak. He then granted permission to those who had so indicated and again stressed that this was not a public hearing and they were being permitted to do so only with the sufferance of the Council. Mr. Thomas S. Twerdahl, 22354 Riverside Drive, read into the record a letter of objection signed by him and other residents of the area in question. It was charged that the condition relative to limita- tion of height was changed subsequent to the Planning Commission meeting without the knowledge of interested residents. He asked by what authority this was done, saying that this action had cost these residents 80% of their view of the foothills. Mayor Stokes interrupted by informing him 'that the City Council was the elected representatives of the people and all authority was vested in that body. In this and other actions, recommendations are CC-45 page 9 council discussion home occupation denied Ord. 459 second reading audience remarks page lO Councilman abstains Council comments remarks by applicant Minutes of the City Council May 18, 1970 cc-45 made by advisory bodies such as the Planning Commission but the final authority is vested in the City Council. Planning Director Sisk presented a drawing showing the difference in views that could be expected from the two different types of conditions that had been discussed. Councilman Fitzgerald requested and received permission to abstain from all discussion as his office was involved in the subject land. Councilman Frolich said that he had agreed to the condition change as it had the same effect as the condition imposed at the Planning Commission level which was to preserve the view of residents on Riverside Drive. He said the limitation of buildings to a single story was not new but thought that two-story buildings in this area would be permissible be- cause of the slope of the ground. He pointed out that the developer of a single-family residential development did have some rights. He said he was not opposed to developing some formula for two-story build- ings with leaving the single-story structures as they would otherwise be. Councilman Green referred to the present Agricultural-Recreational Zon- ing and offered the opinion that depriving people of their view is not necessarily a good practice. Councilman Noel reiterated the rights of Rl Developers. He said that residents of other areas clamored for such single-family developments in lieu of high rise apartments and he said he was not in a position to agree with opposition arguments in this case. Mayor Stokes agreed with Councilman Noel, saying that if homeowners wanted to maintain any given view then they had the option of purchas- ing the property between them and whatever it was they are viewing. He said the possibility existed these same homeowners who are protest- ing had cut off the view of someone else when they had constructed their homes. He thought it unreasonable to impose restrictions on the present developer only because he was following someone else instead of having acquired the land first. Councilman Frolich said the original proposal had been to limit this development to single-story structures. He thought the other approach was the result of a compromise which would enable some two-story struc- tures to be built. Mr. Tom Traeumer, 10900 Drea Road, said that it was his desire to be as accommodating as possible and he did not want to obstruct anyone's view. He could not at this time say definitely where a single-story or a two-story structure would be placed. He was agreeable for the imposition of new height limits whether it be 6 feet or 4 feet but that he wanted this applied to the level portion at the back of the lot; the reason for this being that every lot had a fence but with some being far down a slope, making the building of anything impossible if measurements were to be from that point. Minutes of the City Council May l8, 1970 Ordinance 459 Cont'd. Mr. Traeumer said that time was of the essence to him, that he would be agreeable to any reasonable condition but if that condition was going to result in any delay then he would have to register an objection. Mr. Traeumer then said that he would be willing to abide by a 4 foot limitaL tion and requested the residents of that area to trust him and his wordl Councilman Frolich asked Mr. Traeumer if he would make such a statement for the record that he would be willing to build according to the 4 foot height limitation, just as if it had been required by the ordinance. Mr. Traeumer replied in the affirmative. It was moved by Councilman Noel, seconded by Councilman Frolich that Orï dinance No. 459 be read by title only and the Mayor's reading constitute the second reading. The motion was passed unanimously with Councilman Fitzgerald abstaining. It was moved by Councilman Noel, seconded by Councilman Frolich that Ordinance 459 be enacted. Ayes: Councilmen Frolich, Green, Noel, Mayor Stokes Noes: None Abstain: Councilman Fitagerald Second reading of Ordinance No. 460: "An Ordinance of the City of Cupertino Amending Section 1 of Ordinance No. 2 By Reclassifying A Certain Portion of the City of Cupertino From Single-Family Resi- dential (Rl-IO) Zone to Quasi-Public Building (BQ) Zone; 1.603 Acres Located at Southwest Corner of Homestead Road and Maxine Avenue." It was moved by Councilman Noel, seconded by Councilman Frolich that Ordinance No. 460 be enacted. Ayes: Councilmen Fitzgerald, Frolich, Green, Noel, Mayor Stokes Noes: None Absent: None Urgency reading and enactment of Ordinance No. 461: "An Ordinance of, the City of Cupertino Prohibiting Parking of Vehicles on Wolfe Road Between Stevens Creek Boulevard and Richwood Drive, and Declaring the Urgency Thereof." The Mayor requested City Clerk Ryder to read Ordinance 461 in full in that it was an urgency ordinance. The ordinance was read in full. It was moved by Councilman Noel, seconded by Councilman Green that Ordinance No. 461 be enacted. Ayes: Councilmen Fitzgerald, Frolich, Green, Noel, Mayor Stokes Noes: None Absent: None CC-45 page 11 Ord. 459 enacted Ord. 460 legend Ord. 460 enacted Ord. 461 legend Ord. 461 enacted' page 12 Res. 1984 adopted Res. 1985 adopted Res. 1986 adopted Director of Public Works comments Minutes of the City Council May 18, 1970 CC-45 Resolutions No. 1984: "A Resolution of the City Council of the City of Cupertino Allowing Certain Claims and Demands Payable In the Amounts and From the Funds as Herein- after Described." (Payroll for period ending May 5, 1970.) It was moved by Councilman Noel, seconded by Councilman Green that Resolution No. 1984 be adopted. Ayes: Councilmen Fitzgerald, Frolich, Green, Noel, Mayor Stokes Noes: None Absent: None No. 1985: "A Resolution of the City Council of the City of Cupertino Allowing Certain Claims and De- mands Payable In the Amounts and From the Funds as Hereinafter Described." (Miscellaneous and General Expenditures) It was moved by Councilman Noel, seconded by Councilman Green that Resolution No. 1985 be adopted. Ayes: Councilmen Fitzgerald, Frolich, Green, Noel, Mayor Stokes Noes: None Absent: None No. 1986: "A Resolution of the City Council of the City of Cupertino Declaring Its Intention to Order Vacation of a Portion of a Public Utilities Ease- ment Within the City of Cupertino Pursuant to Sec- tion 50430 of the Government Code of the State of California, Fixing Time and Place for Hearing and Providing for Notice Thereof." It was moved by Councilman Noel, seconded by Councilman Frolich that Resolution No. 1986 be adopted. Ayes: Councilmen Fitzgerald, Frolich, Green, Noel, Mayor Stokes Noes: None Absent: None Unfinished Business 1. Discussion relative to potential sale of surplus State land, proposed realignment, of Mary Avenue and respective interests of the City of Cupertino and Mr. Avery, Developer. Public Works Director Yarborough explained the reason for this situation. The prQPosed extension of the Freeway 85 had been changed in its align- ment, creating a strip of land of l30 foot width consisting of approxi- mately 5 acres which the State owned between Mary Avenue and the new alignment of the Freeway. It is possible that a developer, Mr. Avery, Minutes of the City Council May l8, 1970 Unfinished Business Cont'd. would be interested in purchasing this surplus property from the State to add to that property on which he is now constructing a development. This would require the realignment of Mary Avenue and the question was what would be required of Mr. Avery by the City if this became a reality? Mr. Burt Avery, Avery Construction Company, Mountain View, said that he had been contacted by the Planning Department Staff, and asked if he was interested in this particular land and the moving of Mary Avenue, re- placing it in like kind. The reason for the inquiry was the feeling by the Planning Department Staff that the long narrow piece in question was not good for residential development. Mr. Avery said he expressed his interest in that it was a protection for his development against something inferior being placed there. The cost of this land by the State was extremely high, being more than 35% higher than a private appraisal, but the State was fixed in its price. Mr. Avery said he had to know whether or not the City would require him to install a sidewalk and street lights on the freeway side of the realigned Mary Avenue which would be opposite his development. Mr. Yarborough said that present policy of the City would not require this to be done. Mayor Stokes commented he saw no need for sidewalks on that side of the street -- only the freeway being there. He inquired, though, how people from the west of Mary Avenue would be able to get to Memorial Park if the existing intersection was removed. Councilman Frolich thought that a sidewalk would be necessary but, more importantly, a pedestrian crosswalk would have to be installed as people would cross the street anywhere to be able to get to the park. Councilman Fitzgerald thought that the sidewalk would not be the responsi- bility of Mr. Avery. He offered, though, that the commercial area going in south of there would have sidewalks. Also, that the Del Oro Develop- ment on the west side would have walks. He disliked seeing no sidewalks at all in this one particular stretch, it being preferable to have a con- tinuity. Mayor Stokes offered that Councilman Frolich had a valid point of people using the shortest distance to get to a park and the answer would be for the City to put in a pedestrian crossing. Without a formal vote being taken, the Mayor declared that it was the consensus of the Council that sidewalks would be desirable in this area but that the installation of them and street lights on the west side of Mary Avenue would not be the responsibility of Mr. Avery. 2. Request from Sutter Hill Development Company for modification of conditions restricting the building of a service station on the southeast corner of Homestead Road and Stelling Road prior to construction of other buildings in the development. CC-45 page 13 comments by developer Council discussion sidewalks desired request of Sutter Hill pg. 14 comments by spokesman for applicant restriction stands report on radio antenna remarks by Chief Building Inspector representadYe for residents speaks remarks by applicant Minutes of the City Council May 18, 1970 CC-45 Unfinished Business Cont'd. - Sutter Hill Mr. Tom Olson of Gulf Oil Corporation, 61 Paradise Lane, Pleasant Hill, spoke for the Sutter Hill Development Company and reiterated the re- quest. He said the original supermarket slated for this development had changed its mind but the developer was actively seeking another tenant. Gulf Oil wanted to start construction on the service station immediately and he asked that the restriction be lifted. Councilman Noel said that the City had gone through this same situation many times previously. Developments would come in, looking very nice on paper, permits would be granted for the construction of a service station, the balance of the development would fold and the City would be stuck with another station. He said that he, personally, was against lifting this restriction. These same thoughts were seconded by the other members of the Council and when asked by Mayor Stokes if the applicant wished a roll call vote to be taken, he declined. 3. Staff report on complaints of residents object- ing to the issuance of a building permit for the installation of a ham radio antenna at 10855 Dryden Avenue. Chief Building Inspector Benevich reported on his meetings with resi- dents of the area, saying the main concern had been the tower being constructed in an area where utilities were undergrounded and that there was interference with television reception. He pointed out that the issuance of the building permit had been within the strict requirements of the ordinance and that he could offer no conclusion other than that. Mr. John McCrory, 10845 Dryden Avenue, spoke as a representative of the residents, explaining that the problem was complex as the appli- cant had rights within the law but that the effect of his action did affect neighboring property owners and their rights. He said it was his understanding that a larger tower was needed by the applicant to further his hobby and that the organization of ham operators would fight for the right to construct that tower. He wondered about the possibility of locating the tower elsewhere and said he was willing to work with any particular group or groups and would do whatever he could to reach an amicable agreement. The applicant, Mr. Richard Igas, 10855 Dryden Avenue, said the reason for constructing the tower was to replace the existing antenna and to remove unsightly guy wires. The tower may be raised and lowered within a two-minute span. He said that when he was aware his trans- missions were creating interference,he had his equipment checked and it was found to be faulty. It either has been repaired or is in the process of being repaired. Until it is error free he said he has remained off the air. He offered to work with any neighbor on any complaint of interference. Mr. Igas said that this was the same Minutes of the City Council May l8, 1970 Unfinished Business - Radio Antenna (Cont'd.) antenna he now had but he was putting it on a tower instead of a pole. Councilman Noel said that the question had been to the Planning Com- mission on public hearing and that many authorities had been involved. After long hours of discussion an ordinance had been drawn up and, to his knowledge, this was the first complaint ever registered. It was his contention that the applicant had his rights under the ordinance and that if the ordinance was wrong, it should be amended but the City had no alternative but to approve the permit. Mayor Stokes said that at the time of the ordinance in question having been drawn the City did not have an under grounding of utilities ordi- nance. The thought at the time the height ordinance was enacted was that nothing should exceed anything then in existence. In the mean- time, however, much time and energy had been spent on developing an undergrounding of utilities ordinance. He said the applicant had a valid permit and the only question before the Council was whether to approve it or enact an urgency ordinance prohibiting its being placed into effect. Hr. Alf Modine, 10385 Prune Tree Lane, and Mr. Roger He¡';""der, Attorney and amateur radio operator, both spoke on behalf of amateur radio Opera tors. It was moved by Councilman Fitzgerald, seconded by Councilman Frolich ~d passed unanimously to validate the building permit issued to lichard Igas for the construction of a tower for his antenna. ~yor Stokes requested the staff to start review of antenna ordinances in ares of undergrounding utilities and to find out the experiences of other communities. This written report by the staff is due for pre- .entation on July 6, 1970 and if it then is the desire of the Council, it will be referred to the Planning Commission for hearings and pos- sible later enactment. New Business 1. Report on and award of bid for sale of City- owned duplex at 10117-10121 Lowe Avenue. City Clerk Ryder reported that pursuant to Council instruction~ notices had been published in five newspapers once a week for three weeks ad- vertising of the pending sale of the City-owned duplex. Two bids were received. The high bidder was Kelly Bros. with a bid of $2,795.95. The second bidder subsequently had requested rejection of his bid in that he was unable to acquire property on which to move the building. It was recommended that the sale of the building be made to Kelly Bros. at the quoted price. cc-45 page 15 audience connnents building permit valid written report requested award of bid for sale of duplex to Kelly Bros. City Manager Storm requested that the award include provisions for cleaning up the lot and bending over the bolts in the foundation as re- conditions quired by the State. It was moved by Councilman Fitzgerald, seconded by Councilman Noel and passed unanimously that the City owned duplex at 10117-l0l2l Lowe Ave. be sold to Kelly Bros. for a bid of $2,795.95 subject to the cleaning of the lot and the bending of the bolts in the foundation as required by the State. page l6 eight fireworks permits granted more information requested on park dates requested I Minutes of the City Council May 18, 1970 CC-45 New Business Cont'd 2. Granting of permits to sell fireworks in 1970. City Manager Storm reported that eight applications had been received to sell fireworks within the City of Cupertino in 1970. He recommended to the Council that permits be granted to all eight pursuant to the provi- sions of the current Fireworks Ordinance. It was moved by Councilman Noel, seconded by Councilman Fitzgerald that fireworks permits be granted to the eight applicants. The motión was passed unanimously. (City Clerk's Note: Applicants receiving permits are as follows: Tri-City Little League Boy Scout Troop 476 American Legion Cupertino Optimist Corporation Cupertino Jaycees Cupertino Lions Club Youth Club of St. Joseph's Church Blossom Valley Assembly Order of Rainbow Group) 3. Request from City of Palo Alto on City of Cupertino interest in participating in the acquisition and development of a regional park facility in the Palo Alto foothills. Mayor Stokes asked the City Manager if he had any further communication from the Mayor of Palo Alto relating to this subject, to which the reply was in the negative. He said that it had been discussed with the Mayor of Palo Alto and that a map was to have been sent but had not as yet been received. Councilman Noel asked whether or not there had been any involvement with the Recreation Department and Mr. Storm said no. Mayor Stokes then requested the City Manager to see what further informa- tion could be obtained and to get a map, if possible, and if nothing further was forthcoming, this item should be taken off the agenda. 4. Request for meeting with City Councils and Planning Commissions of Cupertino and Sunnyvale to view and hear narrated slide show prepared by staff of Plan- ning Policy Committee on housing situation for 1969. After a brief discussion as to the status of this item of business, the Mayor requested the Planning Director to obtain two or three dates on which the County could present this program so that the Council could then make a decision. Minutes of the City Council M~7 18, 1970 cc-45 page 17 Consent Calendar: (a) I Resolution No. 1988: "A Resolution of the City Council of the City of Cupertino Accepting Dedication of R~al Property for Roadway Purposes From James Brisco, Jr.1I (b) Resolution No. 19B7' "A Resolution of the City Council of the City of Cupertino Accepting Quit- claim Deed and Authorization From Shelby Grove Donovan, Warner Montgomery Wilson and Pauline Wilson Woodruff." (c) Acceptance of the relocation of Alves Line and Transmission of Main Project and authorization for the staff to file a Notice of Completion as of May 18, 1970 and the County Recorder's Office. consent calender items approved (d) Acceptance of the improvements in conjunction with the following projects: Baywood Terrace No.3 - Lots 158, 159, 160 and l61, Tract No. 3492 (e) Authorization for the staff to notify developers and bonding companies of the maintenance period having expired and the acceptance of the follow- ing municipal improvements: Powell and Lee - 20940 Stevens Creek Boulevard Oakmont Shopping Center - Blaney Avenue & Homestead Rd. Mobil Oil Corp. - Homestead Road & Bernardo Avenue Speedee Mart - Silverado Ave. & Saratoga-Sunnyvle Road I It was moved by Councilman Frolich, seconded by Councilman Noel that all items under the Consent Calendar on the agenda be approved. Ayes: Councilmen Fitzgerald, Frolich, Green, Noel, Mayor Stokes Noes: None Absent: None Report from City Staff City Manager 1. City Manger Storm related that he had submitted an inquiry to the State regarding the requested pedestrian overcrossing of the freewa from the residential area west of the railroad tracks to Mary Avenue. He said that no word had yet been received on this proposal. 2. Mr. Storm reported that the requested trash pickup had been scheduled for May 23, 1970. He said that the dates wanted by the Council of either the 25th or 24th of May could not be worked into the working schedule of the garbage company. page 18 trash pickup May 23 discussion set for adjourned meeting appeal filed public hearing set request for adjustment of air condition- ing change of City Limits s~gn requested Minutes of the City Council May 18, 1970 CC-45 City Manager's Report Cont'd. Councilman Frolich suggested cancellation of this pickup at this time so that more notice could be given. He said as it now stood there would be no non-working days for men to collect their trash and rubbish and to get it to the sidewalk by 8:00 Saturday morning. Mayor Stokes agreed and said that announcements Rhould have gone out much earlier and suggested to the City Manager that a new date of July II be set if these notices had not yet been mailed. (City Clerk's Note: Subsequent to the adjournment of the meeting the City Manager had determined that the notices referred to had been put in the mail by the garbage company earlier that day.) 3. City Manager Storm reported to the Council that copies of the appraiser's report for the Horse Ranch and Damico properties had been received. He said the next order of business would be up to the Council. Mayor Stokes requested that the matter be discussed at the adjourned meeting scheduled for the following Monday night. City Clerk Ryder informed the Council that subsequent to the prepara- tion of the agenda, but within the required time, an appeal had been filed by Salvatore Marchese requesting reversal of the Planning Com- mission's decision denying Application 2-TM-70. He said pursuant to Council authorization in such matters, a legal notice had been prepared setting this for hearing at the meeting of June 1, 1970. It was moved by Councilman Noel, seconded by Councilman Frolich and passed unanimously that the public hearing date of June l, 1970 be ratified for hearing the appeal of Application 2-TM-70. Report of City Councilmen I. Councilman Fitzgerald remarked that the air conditioning in the Council chamber was not adjusted properly for late evening meet- ings. He requested the Chief Building Inspector to adjust this to make the chamber more comfortable for late meetings. 2. Councilman Fitzgerald advised the staff the City Limits sign on Freeway 280 near Wolfe Road had not been changed to reflect the current population. He said that this is one of the more heavily traveled roads in Cupertino and it still indicated the population as 12,043. Recognition by Mayor of non-agenda items Mayor Stokes recognized Mr. John McCrory who made a suggestion to the City Council that inquiries be made as to possible alternatives to having television antennas in the City. He said the possibility does exist that cable TV might be substituted. M~nutes of the C~ty Counc~l May 18, 1970 CC-45 page 19 Non-agenda items cont'd. Mayor Stokes said the City Council shared his concern and that a staff report would be forthcoming in the near future on antennas in general. He indicated the possibility that this might be covered in that re- port but that it was a difficult problem. Adjournment It was moved by Councilman Noel, seconded by Councilman Frolich that the meeting be adjourned to 7:30 P.M. Monday, May 25, 1970 in the Library of the City Hall for interviewing and appointing members of City commissions and to review and discuss the appraiser's report for the Horse Ranch and Damico properties. The meeting was adjourned by Mayor Stokes at 11:43 P.M. ATTEST: ~ City Clerk