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CC 04-20-70 CITY OF cUPERHNù, 0, d U, L ""Lit 10300 Torre Avenue, Cupert~no, Callfo~nia Phone: 252-4505 MINUTES OF THE REGULAR MEETING OF THE CITY HELD APRIL 20, 1970 IN THE COUNCIL CHAMBERS, CUPERTINO, CALIFORNIA COUNCIL CITY !!ALL The meeting was called to order at 8: 00 P.M. by May,,, Dempster who led the salute to the flag. Roll Call Councilmen Present: Beaven, Fitzgerald, Noel, Stokes, Mayor Dempster Also Present: City Manager Storm, City Attorney Anderson, 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 Meetings It was moved by Councilman Stokes, seconded by Councilman Noel and passï ed unanimously that the minutes of March l6, 1970 be approved as submitt- ~. j It was moved by Councilman Stokes, seconded by Councilman Fitzgerald an passed unanimously that the minutes of April 6, 1970 be approved as sub2 mitted. Written Communications 1. City Clerk Ryder reported an appeal dated April 14, 1970 was filed against the Planning Commission recommendation for approval of 19-Z-69 and l8-U-69. Mr. Ryder said that the public hearing for this had been scheduled for May 4, 1970. Councilman Stokes moved, Councilman Noel seconded and it was passed unanimously to concur in the date of May 4, 1970 on which the public hearing for these applications will be held. 2. A petition dated April 14, 1970 containing 44 sets of signa- tures requesting Council consideration for the installation of a foot bridge crossing over the West Valley Freeway in the vicinity of Mary Avenue. 3. Council zoning. An undated petition containing 595 signatures requesting consideration on the impact to the community of high density 4. A appeal against Planning Commission approval for a home occupation of a real estate office at 10810 Farallone Drive. Councilman Stokes moved, Councilman Noel seconded and it was passed unanimously to set the public hearing for this appeal on May l8, 1970. CC-42 roll call minutes approved public hearings set 19-Z-69 18-U-69 home occupation public hearing set page 2 letter of appreciation to Mayor Dempster oral communication deferred to later in meeting 7-TM-70 legend 7-TM-70 placed under Public Hearings 8-U-70 legend 8-U-70 approved Minutes of the City ~,)Gnc} -! L~! ~ L>.- ,9;0 CC-42 Written Communications cont'd. 5. A letter dated April 16, 1970 from the Cupertino Union School District expressing its support for the extension of Mary Avenue and re- iterating its concern that this project be continued. 6. District Avenue. A letter dated April 17, 1970 from the Fremont Union School expressing its approval and support for the extension of Mary 7. A letter dated April 17, 1970 addressed to Mayor Dempster from John Dever, City Manager of Sunnyvale, expressing appreciation for eight years of civic service by the retiring Mayor. Oral Communications Mr. Wendall Alexander, 11127 Linda Vista Drive, indicated his desire to address the Council on the Hillside Park matter. Mayor Dempster received his concurrence to have this heard at that place on the agenda where the discussion would take place. Report of the Planning Commission 1. Application 7-TM-70 from Saratoga Foothills Development Corporation for a Tentative Map to divide 38.9 acres into nine parcels; located southwest corner of Blaney Avenue and Homestead Road. Recommended for approval by Planning Commission Resolution No. 750, March 23, 1970. It was moved by Councilman Noel, seconded by Councilman Beaven and passed unanimously that Application 7-TM-70 be heard and considered with its counterpart, Application 4-Z-70,under Public Hearings. 2, Application 8-U-70 from Mark Systems, Inc. for a Use Permit for Phase II on 3.1 acres located at the south- east corner of the intersection of Tantau Avenue and Homestead Road. Recommended for approval by Planning Commission Resolution No. 760, April 13, 1970. Planning Director Sisk presented the application. He explained that the submittal was for a continuation of the original development plan which previously had been approved. The Planning Commission had recommended approval. It was moved by Councilman Stokes, seconded by Noel and passed unanimously that Application 8-U-70 be approved subject to those conditions imposed by the Planning Commission. 3. Application 3-V-70 from Allen Bergmann for a Variance to extend height of fence in side yard of residence from 6 feet to 8 feet; located at 21130 Gardena Drive. Recommended for denial by Planning Commission Resolu- tion No. 761, April 13, 1970. Planning Director Sisk presented the application. He explained that the Planning Commission had recommended denial on the basis that the hardbhip Minutes of tbe City ,>c' .uC1 ,,'pri ,",) t lO Report of Planning Commission cont'd. requirement under the ordinance had not been shown. The Mayor determined that the applicant was not present. He received con- firmation that the applicant had been adviaed of this hearing, Councilman Noel expressed his could establish a precedent. ship had been shown, he moved Councilman Fitzgerald. concern that the granting of this Variance Because of this and the fact that no hard- for denial which motion was seconded by Councilman Stokes offered the suggestion that some possible validity might be present according to information contained in the applicant's letter. CC-42 page 3 motion for denial Mayor Dempster suggested postponement of further consideration and the applicant of this. Councilman Noel withdrew his motion. advised motion withdrawn Vice Chairman Puetz of the Planning Commission advised the Council that that affected neighbor had been present at the Planning Commission meeting and had rebutted all contentions of the applicant. Councilman Stokes said that the reason for limiting fence heights was to preserve the circulation of air and that because this fence was between existing houses he did not feel a precedent would be established. He said, however, in view of the Planning Commission decision based on testi- mony and information given at their hearing, he would withdraw his objec- tion to the motion for denial. Councilman Noel moved, Councilman Fitzgerald seconded that Application 3-V-70 be denied. The motion was passed with Mayor Dempstet voting no. Report of Architectural and Site Approval Committee 1. Application 460-HC-70 from Barnhart Construction Company requesting approval to construct a res- taurant, Phase II, Rancho De Anza, Saratoga- Sunnyvale Road and Valley Green Drive. Recommend- ed for approval. Mr. Tom Eckman, 2520 Lodi Lane, San Jose, presented the application and explained that this was a continuation of the first phase of this parti- cular project which previously had been approved by the Council. In answer to Councilman Noels question Mr. Eckman said that parking had been discussed but that earlier that day he had submitted a seating plan which would meet the needs of the ordinance insofar as parking spaces were required. This was confirmed by Chief Building Inspector Benevich. It was moved by Councilman Stokes, seconded by Councilman Noel and pass- ed unanimously that Application 260-HC-70 be approved as recommended. 3-V-70 Denied 460-HC-70 legend presentation 26-HC-70 approved page 4 46l-HC-70 legend presentation 46l-HC-70 approved 429-HC-69 legend Minutes of the City Council April 20, 1970 CC-42 Site Control Applications Cont'd. 2. Application 461~HC-70 from John A. Sobrato request- ing approval to construct a 19,594 sq. ft. indus- trial building on Lot 11, West Valley Industrial Park. Recommended for approval. Chief Building Inspector Benevich presented the application stating that this was for a speculation building, it being similar to others which previously had received approval in this industrial park. He advised the Council that air-conditioning and other roof appurtenances would be taken care of within the parapet wall. It was moved by Councilman Noel, seconded by Councilman Stokes and passed unanimously that Application 46l-HC-70 be approved as recommended. 3. Application 429-HC-69 from the Original House of Pies requesting approval to erect three 6' 2" diameter logo signs at the Original House of Pies located at 10055 Miller Avenue. Recommended for approval. Chief Building Inspector Benevich presented the application and stated that the request met the condit~ons of the sign ordinance. He said the presentation development qualified for a ground sign but the applicant had chosen the logo signs instead. 429-HC-69 continued report continued 3-Z-70 legend Councilman Beaven requested the pictures of the proposed signs for his review. He commented that the stacking of these together would be gaudy, an eyesore to the community, and he could not approve it. Councilman Stokes said that his calculation on the square footage indi- cated that it was in excess of that permitted by the ordinance. It was determined that the applicant was not present. It was moved by Councilman Stokes, seconded by Councilman Noel and pass- ed unanimously that this application be continued and the applicant notified to appear at the next Council meeting. Mr. Benevich was also requested by the Council to provide them with calculations on allowable and actual square footage of these signs. Report of Parks and Recreation Commission At the suggestion of Mayor Dempster it was moved by Councilman Beaven, seconded by Councilman Noel and passed unanimously that this report be continued to the Unfinished Business portion of the agenda and heard in conjunction with the appeal item at that time. Public Hearings 1. Application 3-Z-70 from Pacific Gas and Electric Company for rezoning from Agricultural-Residential I-acre lots (Al-43) Zone to Light Industrial (ML) Zone; 20.67 acres located easterly of Blaney Avenue, south of Homestead Road and north of Junipero Serra Freeway. (Ord. 457 under first reading, VII-A-I) Minutes of tb" C:itj " '01 .) 0 Public Hearing, 3-2-70, cont'd. Planning Director Sisk pointed out to the Council that the Planning Com- mission had imposed a condition for the construction of a sidewalk alon Homestead Road. Another condition was that the Planning Commission was to review any change in use prior to said use being effected. Mayor Dempster inquired as to fencing of the area. Mr. Sisk said that no specific requirements for this had been made other than any such plan would have to be approved before the undertaking commenced. Mayor Dempster inquired as to existing or proposed landscaping. Mr. Sisk said that there was none at the moment. Mayor Dempster commented that there was none but should be a buffer between the back yards of ad joining home sites and the P. G. & E. property. He referred to pole climbing practice that goes on in the area for linemen. He contended that there was an invasion of privacy from the tops of these poles that was unwanted. Mr. Clarke Mulliner of P. G. & E. recognized that a pro- blem existed. He thought that a wall or some screening would be pos- sible. He added that no complaints had been received until the removal of the orchard. He said the poles in question were 300 feet from the fence. In answer to a question Mr. Mulliner said that the target for the sub- station was 1973 and that no plans existed for any other structures. He said the substation would be similar to any other normal distributio substation with the tallest structure not exceeding l8 feet. Councilman Stokes said that the construction schedule indicated that now was not too soon for the planting of trees and referred to the time schedule previously imposed on Vallco Park as an example. Mr. Mulliner said that the company would have no objection to this suggestion but di say the substation would require an 8 foot fence for security purposes. Mr. Sisk reiterated that a detailed development plan would be required before any substantial change was made in the use of the property or buildings. Mr. Mulliner said that a complete package would be submitted to the Planning Commission within thirty to sixty days. Mr. R. D. Koenitzer, 10060 Phar Lap Drive, addressed the Council saying that he had no objection to the rezoning but suggested plantings along the freeway property line. Councilman Stokes concurred in the comments by Mr. Koenitzer and received confirmation from Mr. Sisk that sidewalks on Homestead Road was a condiJ tion to the application. Councilman Noel moved, Councilman Stokes seconded and it was passed un- animously that the public hearing be closed. Councilman Stokes moved, Councilman Noel seconded and it was passed un- animously that Application 3-Z-70 be approved subject to the conditions imposed by the Planning Commission with the added condition that a land scaping plan for the east and the south property lines be submitted within the next thirty days. CC-42 page 5 conditions imposed landscaping discussed further discussion sidewalks a condition 3-Z-70 approved with conditions page 6 4-Z-70 legend 7-TM-70 included Minutes of the City Council April 20, 1970 cc-42 Public Hearings Cont'd. 2. Application 4-Z-70 from Saratoga Foothills Develop- ment Corporation for rezoning from Multiple Residen- tial (R3-2.2) Single Family Residential (Rl-7.5) Zone and General Commercial (CG) Zone to Multiple Residen- tial Cluster 2200 square feet per dwelling unit (R3C- 2.2) Zone; approximately 38.49 acres located south- west corner of Homestead Road and Blaney Avenue. (Ordinance No. 458 under first reading, VII-A-2). Mayor minded ly. Dempster opened the public hearing for Application 4-Z-70 and re- those present that Application 7-TM-70 would be heard simultaneous- Planning Director Sisk presented the application by means of overhead presentation projections. He pointed out the site location. He reviewed the history of past efforts and applications pertaining to this subject property and the occasion for the application being reheard by the Planning Commission. The recommendation made by the Planning Commission was for the approval of the application. remarks by applicant Mr. Sisk said that the number of acres for N~ighborhood Area No. 7 in which this property is located was 176 instead of the previously stated 182. He said the 98 acres proposed under this plan would support ll.5 dwelling units per acre. This includes the P. G. & E. property. Elimi- nating the P. G. & E. property and that zoned Commercial results in 70 acres which, when multiplied by 12.2, equals 854 dwelling units. Thirty acres are already developed. The balances leaves 695 dwelling units which could apply to the subject vacant property west of Blaney Avenue. Mr. Jerry Lohr, Saratoga Foothills Development Corporation, '1741 Saratoga Avenue, San Jose, addressed the Council and reviewed the credentials of his organization in terms of past experience in quality construction. To substantiate their intent for this development he referred to the fact that Mr. Frank Laulainen of Los Gatos had been retained as the architect. Mr. Lohr demonstrated by means of an overhead projector the isolation of this particular area from existing Rl homes. There are none except those in Sunnyvale. He pointed out that the proposed Mariani Mall would be the last area in this sector to be developed. Mr. Lohr stated that the application requested 750 dwelling units. These are broken down into four types of townhouses and six types of apartments. The project is designed for small families. The units would have an aver- age rental of $262.00 and would have large square footage in each. The presentation continued with the explanation that the buildings would be in a cluster system, thus permitting three accesses, two from Homestead Road and one from Blaney Avenue. The street pattern for the development would be on the periphery. Minutes of th~ Cl. _1.:' L Public Hearing Cont'd. - Applications 4-2-70 & 7-TM-70 CC-42 page 7 Mr. Lohr said that the parking ratio would be 2~ - 1 and that practically parking all parking would be underneath the buildings. ratio The central green space would be equal in size to two football fields. It was pointed out that the distance between buildings would be greate, than than between Rl structures. The average distance from the central park area would be 150 feet for each cluster. The coverage uf the area would be 24 per cent in buildings, 28 per cent in streets, and 48 per cent in patios, walks, open spaces, etc. Mr. Lohr said this development was providing a village center for residents plu a park-like system similar to neighborhood parks maintained by the Cit He explained the reason for this was the hostile surroundings of light industrial, freeway, commercial, etc. which required the units to face inward. central green space It was stated that, in addition to the usually found pools, lounges, saunas, , tennis courts, etc. found in most developments, some of the other amenities of this project were: nursery and day care center, full-time Activitie~ facilities Director, lending library, music practice room, complete men's and womenB proposed gymnasium, an internal police force as well as numerous arts and craft! facilities. Mr. Lohr contended that there was a need for this type of housing within Cupertino. He said public and independent housing surveys showed that Ilow cost housing cannot be provided by conventional methods under conventional financing arrangements. This development is designed for families having need for an income range of $10,000 to $12,000. He said by making it possible for low cost people in this income bracket to move upward in their housing providedmœæ housing units to be available to those in the lower income brackets. I Mr. Lohr then said that those people he was referring to as being in the $lO,OOO to $12,000 income range were those same people who six to eight years ago purchased single-family dwellings. Economic conditions of the present time do not permit this type of home ownership. I Mr. Lohr the presented statistics showing the various alternate uses which ttaffic had been studied. He indicated that if developed under the present zoning projections for traffic would be 8,600 daily trips. These would be reduced to 5,200 if condominiums were constructed and would be 6,700 under the pro- posed development. I It was stated that at the suggestion of City staff 45 feet would be dedicat- ed to permit a half street on Blaney Avenue to allow a left turn when e~it- ing from the development. Most traffic would be on Homestead Road. I Mr. Lohr said the design of this devleopment had been to reduce the impact of children in the school system. He presented statistics that Rl areas student had a student factor of .939 for children in grades kindergarten through factor eighth grade and this factor was reduced to .153 from areas having apart- ments. This project would produce 293 grammer school children compared to data page 8 proposed tax revenues comments by property owner density discussed comments in opposition to proj ect Minutes of the City Council ApriL LO, 1970 CC-42 Public Hearing Cont'd. - 4-2-70 & 7-TM-70: 735 under a condominium type development and 297 under the present zoning. Plans for the proposed project are to phase it over a three-year period to ease even this small enrollment into the school system. Potential tax revenue was computed as $283,225 under present zoning, $372,380 for condominium and $355,944 under the proposed project. Projected tax revenues on a per student basis were given as $953 per student under present zoning, $506 from condominiums and $1,215 for the proposes project. This compared to $564 for Rl and an average $1,118 in the en- tire Cupertino School District. Mr. Jack Mariani identified himself as one of the property owners and reviewed those actions resulting in the annexation of this property to the City of Cupertino. He said that one of the enticements for annexation was the declaration at that time that 20 dwelling units per net acre would be possible for this property. It was his contention that full cooperation on the part of the Mariani family had always existed with the City. Mr. Lohr stated that his corporation was aware of the Master Plan provi- sions when negotiations were made for the purchase of this property. He said that City Council minutes of January l4, 1961 indicate permissible zoning for 20 dwelling units per gross acre. Mr. Lou Mariani, a property owner, also referred to the same City Council minutes saying that the insertion of the word "gross" in the 20 dwelling units per acre had been done after the previously agreed to 20 dwelling units per net acre. Mr. Mariani also mentioned the placement of the proposed high school to the north side of Homestead Road which also was on his family's property. He said the request originally had been for placement on the south side. The transfer of this site had made it possible for Cupertino to have more tax producing property. He claimed that expensive Rl homes in this ar~a were not feasible because of the physical surroundings. At this point Mayor Dempster requested those persons who wished to speak in opposition to limit their appearances to a few spokesmen rather than to repeat previous testimony. Mr. John Gatto, l0296 Plum Tree Lane, expressed his position that resi- dent" of the City are very much concerned that the growth of the City be controlled. Also, that the City be able to serve this growth adequate- ly. He reviewed briefly the history of the City and its evolution from rural atmosphere to a present residential area. He claimed this factor was instrumental in attracting people to the City. Mr. Gatto claimed the 1964 Master Plan provided for 10-12 dwelling units per acre and the 20 dwelling units per acre requested is a 100 per cent increase. He pointed out the ordinance allows but l6. He said it was Minutes of u,µ ,. Public Hearing Cont'd. - 4-2-70 & 7-TM-70: unrealistic to think of 10 per cent of the City's population residing in this one small area. I He referred to the three schools that would be serving the grammer school children. He contended that there would be one child per family and iÎ 750 units were permitted it would mean that Portal School would be re- ceiving an additional 250 students. He said this would be a 40 per cent growth. I Mr. Gatto also asked the Council to consider the fact that fire andpolke' protection in the City was not adequate to service this development. I Mr. R. D. Koenitzer, l0060 Phar Lap Drive, spoke previously claiming t9at there was no justification permitting more than 16 dwelling units per acre as provided by ordinance. Mr. Burrel Leonard, 19165 Pruneridge Avenue, stated that he was presen at the original annexation of this property and at most of the meeting at which the Master Plan was developed. He said the statements by Mr. Mariani were substantially correct. He claimed the present proposal to be much better that what had been discussed at these previous meet- ings. He then emphasized the fact that he had no interest in this pro- ject and had appeared only at the request of the applicant because he was in a position to substantiate the statements made. Mayor Dempster then provided the applicant with the opportunity to re- but. Mr. Lohr asked for the opportunity to build a good project. He could not agree with the quoted statistics of one child per living unit. He contended that the quality and design of the project itself did merit approval on its own standards. He said the proposed density was not more than that contained in the Master Plan. It was moved by Councilman Fitzgerald, seconded by Councilman Noel that the public hearing be closed. The motion was passed without dissension but with Councilman Stokes abstaining. Mayor Dempster then called on members of the Council for opinions and comments. Councilman Fitzgerald said that he also had been a member of the Plan- ning Commission at the time the Master Plan had been adopted. It was his belief the intent then was the same as the statistics quoted by th applicant. He pointed out that this was the remaining undeveloped parcel in the area thus making any future developments an impossibilit He thought the project to be good in style and quality and pointed out the outstanding reputation enjoyed by the builders. He said the unde ground parking was an innovation in this area. He was in favor of the application as being more in keeping with the original intent of the City Planners. CC-42 page 9 audience comments in opposition comments in support of project public hearing closed comments by Councilman Fitzgerald page 10 Councilman ¡·ioel objects to high density comments by Councilman Beaven Councilman Stokes opposed comments by Mayor Dempster Minutes of the City Council April 20, 1970 CC-b" Applications 4-Z-70 & 7-TM-70 cont'd: Councilman Noel commented that he had stated his position before and it had not changed. His basic objection was that the density as requested was too high. Mariani Mall, if developed as publicized, would have four major department stores and the traffic generated from this type of com- mercial venture would be considerable. When combined with that generat- ed from this project, it was too much. He expressed his position as being against it then and he was against it now and would have to vote for denial. Councilman Beaven said that the property as zoned today was a hodgepodge of Residential, Commercial and Light Industrial zones. The position of the Council always had been that large acreages should have an integrat- ed development. He said this was a quality development and is an in- tegrated one. Mr. Beaven claimed that there was no such thing as high density in Cupertino now. He stated this project was within the allow- able 20 dwelling units per acre. He commented on the difficulty that people with average incomes had in finding a place to live in Cupertino. He said that as of now there were some $2,000,000 worth of Rl homes re- maining unsold. This is a matter of economics. He pointed out the right of a property owner to divest himself of property, particularly after having paid increasingly higher taxes over the years. . Councilman Beaven read from a memorandum by Planning Director Sisk which concluded that the requested density was approvable. Councilman Beaven said that property would generate traffic and school children regardless of the density was or what development went in. He looked with favor on the green space provided by the developer. He said it was his opinion the developer was qualified and the application was a good one. When asked for his comments, Councilman Stokes said the record indicated his opposition the first time the application had been presented. The record also indicated his abstention from commentary and vote the second time it was before the Council and he intended to stand by that same position. Mayor Dempster thought the Council should review this application as a City-wide project and not to limit it as applicable to a specific area. If applications were judged solely on the impact on the immediate area a hodgepodge zoning and development would result. The Mayor said that members of the City Council could not always agree with those under protest. He claimed that the City never was intended as being limited to Rl only. He pointed out that Vallco Park had a long hard struggle to come into being and much opposition had to be overcome for it to be developed. The Mayor said the subject property is an island by itself, being sur- rounded by a P. G. & E. substation, apartments and a dried food proces- sing plant. He said the residents and protesting petitioners were isolated from this area by the freeway and other developments. Minutes of ti,e C;u, Applications 4-Z-70 & 7-TM-70 Cont'd. The Mayor claimed that Multiple-Residential developments do not have the impact on school as does Rl zoning. He said this statement came from I personal experience with the school districts. He could see no present problems in the area with projected enrollments. Mayor Dempster thought that there had been no problems brought to the attention of the Council by members of the City staff relative to fire and police services. He also claimed that the current three zones are not practical for this parcel. The Mayor said that controlled growth does not mean a limitation to Rl only but the total effect on the City as a whole must be considered. He said it is not possible to say the gates to Cupertino must be closed and no one else may move in. It was his opinion that the burden of I proving justification for denial had not been carried by the opponents. Councilman Fitzgerald made the suggestion that now the City has a NewsJ letter some of the statistics on density and school costs and enroll- ment could be distributed. Councilman Fitzgerald moved and Councilman Beaven seconded that Appli- cation 4-Z-70 be approved subject to the 12 Standard Conditions plus Conditions 13 through 31 as recommended by the Planning Commission with the added provision that the number of units be not more than 750. Ayes: Councilmen Beaven, Fitzgerald, Mayor Dempster Noes: Councilman Noel Abstain: Counclilman Stokes It was moved by Councilman Fitzgerald, seconded by Councilman Beaven that Application 7-TM-70 be approved as recommended by the Planning Commission. Ayes: Councilmen Beaven, Fitzgerald, Mayor Dempster Noes: Councilman Noel Abstain: Councilman Stokes It was moved by Councilman Fitzgerald, seconded by Councilman Beaven that Ordinance No. 458 be read by title only and that such reading by the Mayor constitute the first reading. Ayes: Councilmen Beaven, Fitzgerald, Mayor Dempster Noes: Councilman Noel Abstain: Councilman Stokes CC-42 page 11 Mayor's comments 4-Z-70 approved with conditions 7-TM-70 approved Ord. 458 first reading The Mayor called a recess at 10:20 P.M. The meeting reconvened at 10:36 recess P.M. Ordinances 1. First reading of Ordinance No. 457 rezoning from Agricultural-Residential I-acre lots (Al-43) Zone to Light Industrial (ML) Zone; 20.67 acres located easterly of Blaney Avenue, south of Homestead Road and north of Junipero Serra Freeway. It was moved by Councilman Stokes, seconded by Councilman Noel dinance No. 457 be read by title only and that such reading by constitute the first reading. that Or¡ ". Mo'' ' Ord. 457 page 12 Ord. 457 first reading Ord. 458 Res. 1965 enacted Res. 1966 enacted Res. 1968 enacted Res. 1969 enacted Res. 1970 enacted Minutes of the City Council April 2C, 1970 CC-6" Ordinance No. 457 Cont'd. Ayes: Noes: Absent: Councilmen Beaven, Fitzgerald, Noel, Stokes, Mayor Dempster None None 2. First reading of Ordinance No. 458 rezoning from Multiple Residential (R3-2.2) Single-family Residen- tial (Rl-7.5) Zone and General Commercial (CG) Zone to Multiple Residential Cluster 2200 square feet per dwelling unit (R3C-2.2) Zone; approximately 38.49 acres located southwest corner of Homestead Road and Blaney Avenue. Ordinance No. 458 was passed on first reading previously, at the closing of the public hearing. Resolutions 1. No. 1965, approving payroll for period ending April 7, 1970. It was moved by Councilman Stokes, seconded by Councilman Noel thât this resolution be adopted. Ayes: Councilmen Fitzgerald, Noel, Stokes, Mayor Dempster Noes: None Absent: Councilman Beaven 2. No. 1966, approving miscellaneous and general expenditures. It was moved by Councilman Stokes, seconded by Councilman Noel that this resolution be adopted. Ayes: Councilmen Fitzgerald, Noel, Stokes, Mayor Dempster Noes: None Absent: Councilman Beaven 3. No. 1968, granting a Variance to Ordinance No. 002(a) as amended providing for on~site parking on certain property in the City. Councilman Stokes moved for enactment, Councilman Noel seconded. Ayes: Councilmen Fitzgerald, Noel, Stokes, Mayor Dempster Noes: None Abstain: Councilman Beaven 4. No. 1969, accepting a grant of easement from Cupertino Hills Swim and Racquet Club. Councilman Stokes moved for enactment, Councilman Noel seconded. Ayes: Councilmen Beaven, Fitzgerald, Noel, Stokes, Mayor Dempster Noes: None Absent: None 5. No. 1970, accepting a grant of easement from Lawyer's Title Insurance Corporation. I Councilman Stokes moved for enactment. Counéilman Noel seconded. ,Ayes: Councilmen Beaven, Fitzgerald, Noel, Stokes, Mayor Dempster N?es: ~one Minutes of ·he ci ty ('r'mci 1 .' )r; 2 r~ 1~70 Resolutions (;nlJr'¡¡ 6. No. 1971, ac-:,-,,-yc"'L.lg d bra,.:.' ~; eaSi;;;';'t.:.dL front Roman ,atholic LrchLi3~',-()-P l,f San Francisco. It was moved by Councilman Stokes, seconded by Councilman Noel that Resolution 1971 be adopted. Ayes: Councilmen Beaven, Fitzgerald, Noel, Stokes, Mayor Dempster Noes: None Absent: None 7. No. 1972, accepting quitclaim deed from Paul Mariani, et ux. It was moved by Councilman Stokes, seconded by Councilman Noel that Re- solution No. 1972 be adopted. Ayes: Councilmen Beaven, Fitzgerald, Noel, Stokes, Mayor Dempster Noes: None Absent: None 8. No. 1973, accepting dedication of real property for roadway purposes from Lawyer's Title Insurance Corpora- tion. It was moved by Councilman Stokes, seconded by Councilman Noel that Resolution No. 1973 be adopted. Ayes: Councilmen Beaven, Fitzgerald, Noel, Stokes, Mayor Dempster Noes: None , Absent: None 9. No. 1974, accepting a grant deed from Albert Bracher and Alma Bracher, his wife, for water line purposes and authorizing execution of an agreement in con- junction therewith. Councilman Stokes moved for adoption, Councilman Noel seconded. Ayes: Councilmen Beaven, Fitzgerald, Noel, Stokes, Mayor Dempster Noes: None Absent: None Unfinished Business A. Award of Bid for the moving of a duplex residence from 10117-10121 Lowe Avenue to the Cupertino Hillside Park area. Mayor Dempster recognized Mr. Wendall B. Alexander, 11127 Linda Vista Drive, who earlier requested to be heard on this matter. cc~42 page 13 Res. 1971 adopted Res. 1972 adopted Res. 1973 adopted Res. 1974 adopted award of bid for moving duplex Mr. Alexander presented to the Council a petition containing 405 signaï tures. The petition requested the Council to maintain the original plan petition 'for Hillside Park as a park where residents can enjoy the natural envi~presented ment of the foothills. He asked that the Council cancel the moving of I the subject building which is a nine-year-old structure. He claimed the residents' feelings on this were great and unequivocal. Parks and Recreation Director Parham reported on the meeting held Apri 13. He said that due to the lack of a quorum the meeting became a page 14 report by Parks and Recreation Director comments of Commissioner Puetz comments by Mayor Dempster audience comment Minutes of the City Council April 20, 1970 CC-f- Unfinished Business Cont'd. neighborhood meeting rather than a Parks and Recreation meeting. He said many residents in the area had attended, so many in fact that the meet- ing had to take place in the basement. He reported that the majority of the complaints received had centered on the building itself, the un- known factor of supervision and control in the park and what uses had been planned for both the park and the building. He said it had been pointed out to these residents that the use of the building would not be substantially different than that for the two existing park build- ings. Mr. Parham then recited the history of the City's efforts toward ac- quisition of park sites and the development of those now existing. Mr. Gerald Puetz commented that there was fear that the use of this park for after dark activities would break up the peace and serenity of the area. He said Monta Vista High School now was only ona double fresh- man class basis but very soon would expand its enrollment which auto- matically doubles the teenage population in this area. Mayor Dempster said that parks had been located in each neighborhood for the pleasure and convenience of all residents of all ages and he was wondering why the residents of this particular area had thought the Hillside Park was special or different from other parks within the City. Mr. Puetz replied to these comments by referring to the difference in terrain and the inclusion within the park of parking facilities which, in itself, changed the character of the area. He said the original plan for Hillside Park had been acceptable by the majority of the residents. ¡He said it was to utilize the natural terrain and surroundings. This particular proposed building in its proposed site would detract from the natural beauty of the park. Mr. Parham explained that the structure first had been planned for an upper level but now was to be placed on the lower level so as to better serve senior citizens and handicapped persons. He then recited the pro- posed schedule of supervision for the building and general park area. After hearing Mr. Parham's explanations of proposed uses, Mr. Puetz remarked that some of the unknown quantitites had been clarified and he retracted his personal objections. Mr. Orrin Mahoney, 10976 Linda Vista Driv~ said he was not against parks but was against an inferior building being placed in this park. Mayor Dempster interjected with the comment that there would be consider- able remodeling of the building and pointed to the other physical struc- tures within the City as evidence of the Council's determination to maintain a high standard of architecture. Councilman Stokes said the building had been purchased from the State after it had been declared surplus. The adjoining building had been Minutes of the ~o " - " Unfinished Business Cont'd. CC-42 page 15 sold at public auction for ten times the cost to the City for this bui d- ing. He also relied on the Council's concern for the City's public im ge and said the remodeling would have to be approved by the Architectural and Site Approval Committee the same as any other structure. He remin - comments by ed the audience that not one dollar of the considerable sum expended f r Councilman the acquisition and development of the Hillside Park had come from a b nd Stokes issue. He contended that many of the objections had come from a pictu e in the local paper which had shown the structure in an unfavorable lig t. There then followed a brief dialogue on Mr. Mahoney's contention that the City should have better public relations in the future as this was the first opportunity many had had to see actual plans for the park. He said the Council owed the people the courtesy of keeping them advised df changes when deviations were made from original publicized programs. I Councilman Stokes rebutted that there had been but two days in which the purchase from the State could be made before the public auction and this did not provide any time for press agentry. I Mrs. Charlene Evans, 11096 Linda Vista Drive, said she was much in favor of a park here and was not against a building but that this particular building was not suitable. She said the structure as proposed by the architect and its proposed location of being on t~e third lúveJ were excellent concepts. The present location of it as being placed in the open green space of the park is contradictory of the professing I goals of the Council of maintaining as much open and green space as possible. She said that both Wilson and Portal Parks had new buildings and asked why the Hillside Park had to have something less acceptable. Councilman Stokes commented on the expenditures of money for parking facilities that had been made both from the bond issues for this purpose and from the General Fund which, in so doing, required the postponement of other City services and facilities. He said that if the people of this particular area did not want this building or the expenditure of available moneys as had been proposed there were many other areas and many other facilities equally demanding the attention of the Council. The motion was made by Councilman Stokes which was seconded by Council- man Beaven that the subject building be sold. I Councilman Noel remarked that in his business he had had the opportunity to attend every national park and recreation conference since 1948. H~ said that in all this time he had never heard of a park having adequate supervision without there also being a building available. He said, I just as an example, rain would preclude the presence of a supervisor un- less there was some shelter. He predicted that within' three years there would be a petition from these same residents for a building in this park or for the closing of it because of vandalism. Mayor Dempster said that the City did not have any more moneys to allo cate for park purposes. He advised the audience that the acquisition of this property had been made possible only by the cooperation of the audience comments motion for sale remarks by Councilman Noel page 16 audience comments comments by Mayor Council comments comments by Mike Hargon representing group for radio station Minutes Q(,tty Council AprL <0, lnO CC-4? Unfinished Business Cont'd. previous Dwn~:. The development of it to date has been by City forces on a make-do Qasis as time would permit. He said that the City did have oTher park sites but these were not yet developed. He thought the building would improve the facilities and would be of much assistance in the future development of this facility and thought the Council was not unreasonable in giving something to this area instead of nothing. Mr. Ted Constant, 11056 Linda Vista Drive, said there definitely was a misunderstanding, if he understood the reaction of the Council correct- ly. He said the residents felt that there should be a building in the park and IT,ost of them were very much in favor of the park. There was considerable feeling among the people in the area that the available green space sho~ld remain open and uncluttered. He was not in favor of the change in programmed activities that had been discussed in that these should be in a new teen center and not placed in the Hillside Park. He gave as his reason the problems posed by the terrain. He contended that it was imperative to have better control in this park because of the different terrain. Mr. Constant also inquired how the proposed costs of renovation. He said that this plus what it would cost for the required services plus the moving costs and internal facilities could not help but be con- side~able. He said that if this was considered as a neighborhood park the residents of the area should be consulted. Mayor Dempster said that he disagreed completely with the position that the Hillside Park was to be reserved exclusively for neighborhood use. Mr. Constant replied that while this was not the park of and for the neighborhood the people could not help but be affected by the ac- tivities taking place there. He also remarked on the considerable area which had been paved and again requested the keeping of the bal- ance of the space open. Councilman Fitzgerald offered that he could visualize this building and its setting would be as pleasing or more so as the other park buildings after it had been remodeled. He thought the residents would be proud of it and asked them to have faith in the architectural judge- ment of the Council based on past performance. He replied to Mr. Constant that the cost of renovation had not yet been determined. Mr. Mike Hargon, 20115 Somerset Drive,addressed the Council saying he was representing the youth group attempting to create the radio sta- tion for Cupertino. He said they were trying to get this project to become a reality and had been working diligently on it for some time. The situation a~ it now stands was that if they did not have the build- ing,they could not have the station. He also said this same group was opposed to any fence being placed around the park as the radio station would be in use after hours which would make it difficult for people to get in. He also offered the opinion that the building in itself did not necessarily mean more vandalism. He pleaded that they were a Minutes of the City "_~,,él ,,~tll, J, ,. '70 Unfinished Business cont'd. group of young people trying to work within the framework of an adult world. He was afraid that it would be difficult to keep this effort alive if they were not allowed facilities for this station. Mr. Estin Baker, 1117 Linda Vista Drive, contended that the City Manager at one time had assured him the park would be closed at dusk. He said this was not now the case and objected to night use. He said he was very disappointed in the change of thinking. He did not want the park at all at first but reluctantly accepted it on the basis of previous explanations which now did not have any validity. He referred to con- ferences with representatives of the sheriff's department who told him the park would be impossible to police. Mr. Andy Garcia, 11107 Linda Vista Drive, said he was very much disturbed I in the Council attitude of either take this or go without. He said thl park contained almost 11 acres but only 4 acres of it were usable. No, of this 4 acres of usable space much had been covered over with parkin , walkways, etc. This now was being further reduced by the placing of a building in the only flat area left. He said that a control problem existed with or without a building. Councilman Beaven said that no one had been more interested in the de- velopment of this park than he had been. He said he had proposed a phased development. the first phase being the plot plan and the second being the bringing in of a building. He said the choice of this par- ticular building had to be an expedient one. He said the building in question would not fit at the higher elevation and there had been rationale for replacing of it at the lower level. He thought the chal t type would have to wait. He said he was torn on this issue because we did have a building and a bona fide appeal from the City's youth. He said if the building was rejected, in all probability, the station would be disbanded. Councilman Noel said that this did not have to be a take it or leave it I proposition. He said we have a building - we also have other park sites which are undeveloped and which could accommodate the building. He thought that consideration could be given to these other sites rather than selling it outright. Mayor Dempster disagreed with this premise saying that if it was not good enough for one area, what would make it good enough for another? In answer to a question by Councilman Stokes, Mr. Parham said that the question of the building or the park did not have any effect on the proposed radio station. There was a requirement that some constructio would have to be started within sixty days dating from the middle of February and that this must be completed in October. He said there were problems, none of which were insurmountable. Mayor Dempster asked for a vote on the motion which was for the City to sell the house. Ayes: Councilman Stokes, Mayor Dempster Noes: Councilmen Beaven, Fitzgerald, Noel Absent: None cc-42 page 17 further opposition from audience Comments by Councilman Beaven further remarks by Council motion for sale defeated page 18 remarks by Kelly Bros. sale of building approved 452-HC-70 legend Minutes of the City COllncil April ¿u, 1970 CC-4? Unfinished Business Cont'd. A representative of Kelly Lrothers, a house moving firm who had bid on the moving of this structure, advised the Council that there were not too many areas in which it could be placed and that time was a definite factor before it had to be removed from its present location. A brief additional discussion then took place among members of the Coun- cil as to what should be done with this building and where i.t could be moved. It was moved by Councilman Noel, seconded by Councilman StoKes for the City to sell the building. Ayes: Councilmen Beaven, Noel, Stokes, Mayor Dempster Noes: Councilman Fitzgerald Absent: None B. Application 452-HC-70 from Mr. and Mrs. George Piepgras resubmitting for approval to convert an existing building located at 20085 Stevens Creek Boulevard, for commercial use as an antique shop. (Continued from April 6, 1970) Mr. Michael Melvin who is the proprietor of the business in this par- ticular location was introduced by Chief Building Inspector Benevich. Mr. Benevich presented the application saying that Mr. Melvin had not been present at the last meeting nor had either of the owners. He presented a drawing which previously had been given to the Architec- presentation tural and Site Approval Committee. He said the committee had approved the application subject to the conditions imposed by the Planning Commission and ~hat the question of a sign was not the subject of this application. He pointed out, however, that the Architectural and Site Approval Committee did not have the authorization to waive the re- quirement for a masonry wall along the property line which was 400 feet to the rear. This particular requirement, however, had been waived by the Planning Commission under its limited two-year Use Per- mit. 452-HC-70 approved with conditions Councilman Fitzgerald said he saw no necessity for the wall at this time due to the limitation of the Use Permit, the lease arrangement, and recommended that the City waive this requirement. It was then moved by Councilman Beaven, seconded by Councilman Fitzgerald that Application 452-HC-70 be approved as recommended by the Architectural and Site Approval Committee with the added provision that the requirement for the masonry wall be waived for a two-year period after which it would be subject to review by the Planning Com- mission. Ayes: Noes: Absent: Councilmen Councilman None Beaven, Fitzgerald, Noel, Mayor Dempster Stokes Minutes of Cìty New Business A. Countywide Baylands Plan Program Councilman Fitzgerald said that he was the City's representative to th, Planning Policy Committee for the County and that this program was a, part of the recommendations made by this particular Committee. He said it would entail a study to be made by the County with City participati9n and the costs to be assessed to each city based on its population. The cost to Cupertino would be $260.00. He recommended the City approve I participation and the payment of the assessment. He then placed this in the form of a motion which was seconded by Councilman Stokes and passe1 unanimously. B. Requests for Proclamations It was moved by Councilman Stokes, seconded by Councilman Noel and pass- ed unanimously that the Mayor proclaim the week of April 20 as Public Schools Week pursuant to a request from the Masonic Lodge. It was moved by Councilman Fitzgerald, seconded by Councilman Stokes and passed unanimously that the Mayor declare the week of May 3 as Correct Posture Week as requested by the California Chiropractic As- sociation. C. Trash Pickup Councilman Stokes requested that an analysis be made of the trash pick- up program of last fall and a report be submitted to the Council which report would form the basis for determining the feasibility of a similar program this spring. Report of Officers A. City Treasurer There was no further report from the City Treasurer. B. City Manager Mr. Storm reported that the pump at Homestead Well No. 3 had required major repair necessitating its being removed from the well. It was found that it could not be replaced due to a bulge in the well casing at the 400 feet level. It is imperative that this bulge be corrected so the pump could be replaced, making the well operative again. He said the approximate cost would be $2,000. It was moved by Councilman Stokes, seconded by Councilman Noel and pass- ed unanimously that the City Manager be authorized to proceed with the necessary corrective measures as requested. C. City Attorney Mr. Anderson reported that he had to appear in court on another matter and it would be convenient for hìm to be absent from the adjourned meet- CC-42 Page 19 Baylands Plan Program approved Public Schools Week proclaimed Correct Posture Week proclaimed request for report on trash pickup well repairs authorized page 20 change order request approved for Stevens Creek- ~lie~. island no further staff reports Minutes of the City Council April 20, 1970 C~ Report of Officers Cont'd. ing of the following night if the Council would so approve. Dempster gave permission for the City Attorney to be absent meeting of April 2l. Mayor from the D. Director of Public Works It was moved by Councilman Stokes, seconded by Councilman Beaven and passed unanimously that the municipal improvements under Item 5 in the report of the Director of Public Works be accepted as recommended and the bonds released as requested under the same Item 5. Director of Public Works Yarborough advised the Council that unforeseen difficulties relative to traffic signal cables had been encountered at the Stevens Creek Boulevard-Wolfe Road island modification. He requested that the City Council authorize him to execute a change order document increasing the cost of this contract by $1,706.40 to remedy the situa- tion. It was moved by Councilman Stokes, seconded by Councilman Beaven and passed unanimously that the requested change order be approved. E. Director of Planning There was no further report from the Director of Planning. F. Chief Building Inspector There was no further report from the Chief Building Inspector. G. Director of Parks and Recreation There was no further report from the Director of Parks and Recreation. H. City Clerk-Finance Director There was no further report from the City Clerk-Finance Director. Adjournment There being no further business at this time, Mayor Dempster adjourned the meeting to 8:00 P.M. April 21, 1970. The meeting was declared ad- journed at 12:l0 A.M. ATTEST: APPROVED: