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CC 02-16-70 CITY OF CUPERTINO, State of California 10300 Torre Avenue, Cupertino, California Telephone: 252-4505 ~ ;-1.: b ,CC-38 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL HELD FEBRUARY l6, 1970 IN THE COUNCIL ,CHAMBERS, CITY HALL CUPERTINO, CALIFORNIA The meeting was called to order at 8:05 P.M. by Mayor Dempster who ,subse- quently led the assemblage in the flag salute. Councilmen present: Beaven, Fitzgerald, Noel, Stokes and May~r Dempster. Also present: City Manager Storm, City Attorney Anderson, Public Works roll call Director Yarborough, Planning Director Sisk, Chief Building Inspector Benevich, Assistant Planner Cowan, Deputy City Clerk Gladys McHugh., and Recording Secretary Betty Dorris. Councilman Stokes requested a correction to the minutes of the regular meeting of the City Council of February 2, 1970: Page 3, second paragraph, third line from the bottom should begin, "would ~ create an island". I correction The minutes of the regular meeting of February 2, 1970 were approved unani- and mously, as corrected, upon the motion of Councilman Stokes and th~'$econd approval of of Councilman Noel. (City Clerk note: correction deleted by amendment 2/2/70 min- passed by the City Council March 16, 1970) utes Minutes of the adjourned regular meeting of the City Council of February 2, 1970, were unanimously approved upon a motion by Councilman Stokes, seconded by Councilman Noel. The minutes of the adjourned regular meeting of the City Council of Febru ary 9, 1970 were approved unanimously upon the motion of Councilman Fitzgerald and second of Councilman Stokes. Communications Deputy City Clerk McHugh read a written communication from the Cupertino Cooperative Nursery School, 11144 Pash Road, Cupertino, requesting the Mayor to proclaim March 1-7 as Nursery Education Week. ;" The week of March l-7 was proclaimed Nursery Education Week in Cupertino, unanimously, upon the motion of Councilman Stokes and second of Councilman Noel. approval of 2/9/70 minutes Nurse,ry Eduç:~tion Weelt ' Under Oral Communications Mr. Dean Finkenbinder, 954 Henderson, Sunnyvale, Moose Lodge representing the Loyal Order of Moose" Cupertino, requested the Council request to pass the recommendation of the Planning Commission to enact the ordi- nance for the proposed BQ zoning. He stated the Moose Lodge has been negotiating for a long time to buy some property on the corner of Home- stead and Maxine and at present has a sales agreement and sixty-day option with the owners which expires March 2, 1970. He requested that the Council, if possible, enact the ordinance under an urgency reading so a Use Permit I could be obtained and they could go ahead and use this property. The Mayor stated this would be considered when the issue was raised at its proper place on the agenda. Page 2 Use Permit 8-U-69 violation l-TM-70 referred to' Public Hearings l-Z-70 Minutes of the City Council February l6,1970 CC-38 Mrs. Sam Bradlyn, 22344 Riverside Drive, made a complaint to the Council that there was a violation of Use Permit 8-U-69, issued to Stella Kester on May 1, 1969. Mrs. Bradlyn said there were eight horses on the pro- perty adjacent to her back yard although Mrs. Kester had agreed to keep the horses south of the barn. Planning Director Sisk stated that he had written a letter to Mrs. Kester, giving her five days to comply. Mayor Dempster informed Mrs. Bradlyn that if Mrs. Kester did not comply within the allotted time, this matter would be turned over to the City Attorney for further action. Councilman Stokes moved that the Council direct Mr. Sisk to notify the City Attorney if he has no response from Mrs. Kester and that the Council ask City Attorney Anderson to present at the next Council meeting alter- native actions that the Council could take; and, that the holder of the Use Permit also be notified that there will be a public hearing at that time. It was so ordered by the Mayor that this be done and that the Council take action of some type at the next regular meeting of March 2, 1970. Mr. Marvin Nathanson of 10197 Cold Harbor Avenue spoke on environmental quality and ecology and how it relates to the City of Cupertino. When Mr. Nathanson mentioned his candidacy he was declared out of order by Mayor Dempster and reminded that public hearings of the City Council were not for the purpose of making political speeches. Reports of Commissions A. Planning Commission l. Application l-TM-70 from Saratoga Foothills Develop- ment Corporation for a Tentative Map to divide 37.45 acres into nine parcels; located southwest corner of Homestead Road and Blaney Avenue. Approval recommended by the Planning Commission Resolution No. 736 on February 9, 1970. It was moved by Councilman Stokes, seconded by Councilman Noel and passed unanimously that this application be taken up under Public Hearings with its companion Application l-Z-70. B. Architectural and Site Approval Committee There was no meeting of this Committee and no minutes were submitted. C. Parks and Recreation Commission There was no meeting and no minutes were submitted. Public Hearings 1. Application l-Z-70 from Saratoga Foothills Development Corporation for rezoning from Multiple Residential (R3-2.2), Single-family Residential (Rl-7.5) and General Commercial (CG) Zone to Multiple Residential Cluster 2200 Square Feet Minutes of the City Council February 16, 1970 .-" Public Hearings Application l-Z-70 cont'd. per dwelling unit (R3-2.2) Zone on approximately 38.49 acres located southwest corner of Homestead Road and' Blaney Avenue. (Ordinance No. 455 under first reading under VII-A-2) ",;,' Planning Director Sisk reported that the Planning Commission recommenda- tion was twofold, first for the approval of zone changes, changing the zoning on approximately 38.4 acres to R3-2.2, as well as approval of the Tentative Map to divide the property into nine lots. He stated the prop- erty has three different zones: 9.4 acres Commercial Zoning at the intersection of Blaney and Homestead, 7.l acres of Rl-7.5 Single-family Residential Zoning, with the remaining 2l.9 acres being zoned R3-2.2. The request before the Planning Commission is for the R3 Cluster Zoning under the provisions of the R3 Ordinance to increase the allowed density from 16 dwelling units per gross acre to, in this particular case, 19.2. The original proposal before the Planning Commission was for a total of 758 dwelling units. Mr. Jerry Lohr, President of the Saratoga Foothills Development Corpora"': tion, 1741 Saratoga Avenue, San Jose, presented this application. He said this particular area had been chosen for his project because of the good access for traffic around the area and the good geometry of the property. He said that in many ways his corporation was asking for a downgrading of zoning in that approximately ten acres is zoned Commercial. Mr. Lohr stated that the land cost per acre is higher here than any other apartment project in the area and that they really needed this number of units to work out their project economically. He pointed out that one of the things that was done to preserve the open space of the site is the undergrounding of all the required covered parking. He said they were making two other dedications to improve trafL fic capabilities, dedicating on Blaney Avenue a 45' half street and will dedicate and bond for the improvement and, if it becomes necessary to service their property at some future time, they will be willing to improve the half street on the westerly portion of the property. Mr. Frank Laulainen, Architest, 10l Church Street, Los Gatos, presented the renderings, saying that he felt that this is a very unique plan for a unique piece of property. He also mentioned the preservation of open green space which is approximately 16 acres, 6 acres of which is in the central park. He also pointed out the peripheral street pattern ringing the complex. Mr. Laulainen remarked that this cluster development with its variety of roof styles, use of wood, different elevations and preser- vation of green space will give a "people warmth" which he desired. Mr. Raymond Green of 10109 Mello Place came forth with several questions concerning the General Plan for Cupertino and zoning which were answered during the discussion which followed. Mr. Green stated he was against this apartment project because it deviates from the General Plan of the City, the density being almost double the suggested 10.0 dwellings per acre as shown on the master plan. page 3 CC-38 " : ,'ì ,application presentation presentation of renderings public comments page 4 public hearing closed comments bycoun- cilmen Minutes of the City Council February l6, 1970 CC-38 Mr. Martin Jacobson, 21414 Shannon Court, Cupertino, spoke against this proposed project saying that he had no objection to the rezoning and felt this was a good plan; however, other apartment projects had been constructed with a density of approximately 10 units per acre and he could see no reason for going to 20 units per acre. He said the number of people occupying this development would be approximately one-tenth the entire population of Cupertino and that a project of this density will be a detriment to the area. Mrs. Madeleine Nathanson, 10197 Cold Harbor, a teacher in the Cupertino School system, spoke against this proposed development saying that she represented students and concerned parents of this area, pointing out that overcrowded facilities affect the quality of education. Mr. Nathanson again addressed the Council saying that he had visited personally with Mr. Iglehart, Assistant Superintendent for Business, to get the School Board's position concerning new developments. Mr. Iglehart said that with respect to zoning matters the School District takes a "no comment" position. He also said the School District has an actual budget problem and has had for several years. Mr. Nathanson discussed some of the facts and figures gathered from his talk with Mr. Iglehart. The Mayor asked if anyone else wished to be heard on this application, explaining the procedure which permitted the presentation to be made, the comments of any proponents, the objections of opponents, and then a short rebuttal by the applicant. He then recognized the applicant who distributed to the Council members some reports as compiled by the School District which indicated that the proposed zoning would have approximately the same ratio of school children as the present !oning. He mentioned that there will be a high proportion of two-bedroom apartments in this development; therefore, there will not be a high percentage of school age children. He also stated that this proposed apartment development would provide approximately twice the tax revenue as a single-family home sub- division. At the conclusion of these remarks it was moved by Councilman Noel, seconded by Councilman Stokes and passed unanimously that the public hearing be closed. Councilman Fitzgerald opened the discussion on this requested development stating that in general he was in favor of the project and thought that it was in keeping with the intent of the City's Master Plan. He reviewed the past history of zoning for the property, pointing out that at one time it had been zoned for a much higher density than what existed now. He said the density had been decreased from the original zoning, but without bene- fit of a public hearing, and thought that this fact could constitute a moral obligation on the part of the City to permit this request. Councilman Beaven said that in general the development looked like a high quality project. He asked the Director of Public Works if he had had a chance to review the traffic figures which had been given to the Council by the developer and, if so, was he in agreement with them. Minutes of the City Council February 16, 1970 page 5 CC-38 In reply Mr. Yarborough said he had reviewed all the figures and they were accurate insofar as the projections used were those used for simi- lar types of developments in like situations. He felt that actual figures would not vary ten percent from what had been indicated. He stated that the developer had agreed to participate in the cost of a traffic signal if such was needed in the future, and sufficient right- of-way had been set aside for the widening of the street should this ever become necessary. ~.. Referring to a booklet that had been distributed by the developer, Councilman Stokes commented on a statement contained in it indicating that the Cluster Zoning had 48.4% of green space as compared to the Single-family Residential average of 50%. He was advised by the Plan- ning Director upon inquiry that this green space included everything but the buildings and travelways. Councilman Stokes Councilman Stokes continued by saying he had some grave questions in regard to schools and was struck with the figures put forth but, unfor- tunately, he did not agree with them. He could not agree with the premise that a two-bedroom apartment facility was not designed for families, nor could he accept the National Association of Home Builders standards as being indicative of the number and age of children that would be gen- erated by this proposed project. He thought this would be more compar- able to an R-l development. The County has considerable statistics on density by types of apartment houses and these figures would be much more valuable to this Council than national averages. He then commented on the ccatement that surveys showed a strong need for this type of development ~nd referred to the reference relating to the character of the development with respect to the town house architecture that surrounds the project. It was suggested that this will create a definite homelike vistCal impact. He said he knew of no home in Cupertino looking like that. I Councilman Stokes ~uestioned Mr. Yarborough as to the traffic on Homestead Road where it had been indicated some 20,000 cars per day would be passing. He pointed out that the latest traffic count was for some 11,800 cars and the proposal would add some 6,000 cars. He questioned how the balance of the inevitable increase in traffic to be generated by other developments in the area, both commercial and residential, would be accommodated, and what provisions were there for parking facilities. He thought the safety factor for Homestead Road had been dissipated if this density was there. Mr. Yarborough replied that it is true a capacity restraint exists and as traffic is generated to the immediate area and the closer you get to the capacity of the street, the more the pattern and direction of traffic is influenced. He said this definitely will have a major impact on traffic on Homestead Road. It was his belief that if the remaining acreage here was developed commercially, it could generate half again as much traffic. In answer to another question from Councilman Stokes, he said that con- I versations had been held with City of Sunnyvale staff on potential mutual problems relating to traffic on Homestead Road. Page 6 Councilman Noel Councilman Stokes Councilman Fitzgerald Minutes of the City Council February 16, 1970 CC-38 . Councilman Stokes stated he was not opposed to multiple zoning of the subject property, but he was opposed to the increased density. He saw nothing in this proposal that was unique or more outstanding than what already was in the City. As this was the criterion for increased density, that factor did not comply with the requirements of the ordin- ance and to act otherwise would be setting a dangerous precedent. Councilman Noel remarked that the City had come a long way in the past twelve and a half years. The population of the community when it was incorporated had about the same number of people as would be placed in this one development. He felt approval of this increased density would be the forerunner of similar requests for higher and higher density because of financing and' land costs. He thought though that these werè not justification in themselves for the Council to increase the density. Not only is the requested density too high but the green area would be very small if all the buildings, travelways, parking facilities, and other paved areas were removed. Councilman Noel continued that the traffic leaving this area would be turning left toward the Sunnyvale-Saratoga Road and would congest that traffic situation even more than it is now congested. He pointed out that this project is requesting that no parking be permitted on Homestead Road. Vallco Park is not more than 25% developed; Sears has not yet opened. It was his opinion the proposed channelization was meaningless in view of traffic yet to come. He said that he did not agree that the two exits as shown for the 1,000 to 1,500 cars at the project were suf- ficient to allow the people inside to get out. Councilman Stokes remarked that some two years ago there had been a survey done on the number of apartment house units versus the number of single-family residences in the community. The survey at that time indi- cated over 50% of the dwelling units were multiple housing whose residents are primarily transients. He said he did hate to think how much this figure has increased in the meantime and expressed concern on the ratio of transient residents in the community to the single-family home owners who tend to be more stable. He said that Mountain View at one time had declared a moratorium on zoning for new multiple units because they had become concerned, and he suggested that now was the time for Cupertino to be brought back into balance and to postpone this application in order to permit time for resurveying the situation and finding out what the exact percentage is. He cautioned the Council to stop and think how this affects the revenues of the City. He stressed that this was most important and could not be overlooked. Councilman Fitzgerald commented that in general he could not disagree with the concern of the other Councilmen on the points that had been raised, saying it was his opinion that most areas of the City could not stand a development of this high density but that the area in question always had been planned for this type of a project. It was his feeling that the requested increase in density was not as bad for the area as some had thought. Minutes of the City Council February 16, .1970 Councilman Stokes interjected he could not agree that the area justifies the increase in density. Under that statement the apartment complex on , Homestead Road, west of Highway 9, could have justified an increase in density on that very same basis as the situations are, or were, the same. He doubted the real value to the City of such a high density. Councilman Beaven stated that one of the factors important to him was bein overlooked by the other Councilmen. The hodgepodge and mixture of zoning on the property was unacceptable to him, but the developer had come in wit a uniform development which is planned in its entirety. He said that for the past two years at least, during which time he had been a Council member, the Council had made a strong point that it should look for large develop~ I ments having an integral character. He felt that this was such a project. He said he would have to admit that if the application had a weakness it was on the point of density, but he thought that the other factors, particu- larly its being a large parcel integrally developed, would be a benefit to I the City. He offered the thought that the problem of traffic and schools would be with the City forever and must be faced on every proposed develop- ment -- whether it is commercial, residential, or multiple. He thought in general this was a very good development and reiterated that the only weak ness he saw was the possibility it was a little high on density. Councilman Stokes moved for approval of Application l-Z-70 on the basis that the density not exceed 16 units per acre. The motion was seconded by Councilman Noel and passed unanimously. page 7 CC-38 Ct Counc~lma!l, Stoke~.· . " Councilman Beaven l-Z-70 approved 2. Application I-TM-70 from Saratoga Foothills Development Corporation for a Tentative Map to divide 37.45 acres into nine parcels; located I-TM-70 southwest corner of Homestead Road and Blaney Ave. Approval recom- mended by Planning Commission Res. No. 736 on February 9, 1970. Planning Director Sisk reported that he had nothing further to add to what he had already submitted on this application. Councilman Noel questioned how this application could be approved when the density is being changed on Application l-Z-70. Mayor Dempster inquired of the applicant if he would like the Council to take action on this or for him to reconsider this application in view of what had just transpired. The reply was that he did not see much point in continuing. A question from the audience was raised as to whether or not the previous motion had been a legal one in view that the application was for a zoning matter. City Attorney Anderson said that once the Council has taken jurisdiction and has held the public hearing, all the matters are before the Council and it may take any appropriate steps it sees fit in the public interest. It may be that one or more of such steps may not be in accord with the wishes of the developer. If this is so, he may then either accept them, withdraw them, or take any steps he feels he wishes to take. The Council does have the jurisdiction to follow its ordinances to the letter or to grant variances if it sees fit. city att 'y opinion Page 8 l-TM-70 pòstponed recess Ord.220(1) public hearing closed Minutes of the City Council February l6, 1970 CC-38 Councilman Stokes moved that, in view of the statement made by cant and the previous motion, Application l-TM-70 be postponed next meeting. This motion was seconded by Councilman Noel and unanimously. the appli- until the passed The Mayor called a recess at 9:50 P.M. The meeting was reconvened at lO:05 P.M. 3. Ordinance No. 220(1) amending Ordinance No. 220 and regulating Public Buildings (BA), Quasi-Public Buildings (BQ) and Trans- portation (T) Zones. Planning Director Sisk explained that this ordinance is an attempt by the Planning Commission to provide another land use tool for the location of various types of structures throughout the City. At present the City of Cupertino does not have a BQ Zone, BA Zone or T Zone as far as an actual ordinance is concerned and this proposed ordinance has been written as the City now has an application requiring a BQ Zone. When asked to define a T Zone he said it related to any type of transportation facility such as an airport or bus terminal. When no other person wished to be heard, Councilman Stokes moved, Council- man Noel seconded, and it was passed unanimously (Councilman Beaven was absent) that the public hearing be closed. Mayor Dempster mentioned that the Moose Lodge, represented by Mr. Finkenbinder, had made a request earlier in the meeting that this matter be expedited and that the City Attorney had informed him this ordinance could be enacted tonight as an Urgency Ordinance with a four-fifths vote, after being read in full, and an urgency measure inserted in the ordinance. Councilman Noel asked for the specific reason why the issue of an Urgency Ordinance was being raised. The Mayor said he did not know, other than it had been requested by the representative of the Moose Lodge in relation to an option problem he had. It was on this basis that he had asked the City Attorney if it could be done, and now the question was placed before the Council for whatever action it wanted to take. City Attorney Anderson relayed that the facts constituting the urgency would need to be inserted, if such were the case, and when passed by a four-fifths vote, would go into effect immediately. This, though, would eliminate the possibility of a referendum. Councilman Beaven said that many months have elapsed since the applica- tion had come before the Council, due to denials and re-applications. He thought the Moose Lodge "has been on the short end of the stick", and he would like to see the Council act on the Ordinance so the Lodge could get some usage of the property. Mayor Dempster commented that the Council would be setting a precedent if ordinances were enacted in an urgency manner when the proceedings should have followed the usual procedure. Such enactments cut off the right of referendum, which is a very important fact to consider. Minutes of the City Council February 16, 1970 Councilman Noel remarked that if the Lodge wanted to use the action as a criterion of Council intent, at least the ordinance has or will have its first reading. Councilman Stokes pointed out that the one protest received would be suf ficient in his mind to negate the urgency enactment and he did not feel the reason as given by the Lodge justified jeopardizing the City's position. Councilman Fitzgerald said that in view of the comments just made he would move that the Mayor read the ordinance by title only and that the readin~ constitute the first reading of the ordinance. Councilman Stokes seconded the motion. Ayes: Noes: Absent: Councilmen Beaven, Fitzgerald, Noel, Stokes, Mayor Dempster None None 4. Resolution No. 1926 declaring intention of the City to order vacation of a portion of a Public Utilities Easement within the City: approximately lO-foot easement in Tract 234l. Resolution No. 1926 was presented by the City Attorney. no further comment, Councilman Stokes moved to close the Councilman Noel seconded and it was passed unanimously. There being public hearing, Councilman Beaven moved for adoption of Resolution 1947, Councilman Noel seconded. Ayes: Councilmen Beaven, Fitzgerald, Noel, Stokes, Mayor Dempster Noes: None , Absent: None Ordinances 1. Second reading of Ordinance No. 453: Rezoning from Multiple Residential 2200 sq. ft. per dwelling unit (R3-2.2*) Zone to Single-Family Cluster Residential 2900 sq. ft. per dwelling unit (RlC-2.9) Zone on approximately 13.4 acres located 500 feet north of intersection at Stevens Creek Boulevard and Foothill Boulevard, approximately 200 feet west of Foothill Boulevard. Councilman Stokes moved that Ordinance No. 453 be read by title only. Councilman Noel seconded. Ayes: Councilmen Beaven, Fitzgerald, Noel, Stokes, Mayor Dempster Noes: None Absent: None Councilman Stokes moved and Councilman Noel seconded that Ordinance No. 453 be enacted. Ayes: Councilmen Beaven, Fitzgerald, Noel, Stokes, Mayor Dempster Noes: None Absent: None page 9 CC-38 Ord. 220 (1) lst reading Res. 1926 adopted Res. 1947 adopted Ord.453 enacted Page lO Ord. 455 postponed Res. 1944 adopted Res. 1945 adopted Res. 1946 adopted Res. 1948 adopted Res. 1949 adopted Minutes of the City Council February 16, 1970 CC-38 2. First Reading of Ordinance No. 455: Rezoning from Multiple Residential (R3-2.2), Single-Family Residential (Rl-7.5) and General Commercial (CG) Zone to Multiple Residential Cluster 2200 sq. ft. per dwelling unit (R3-2.2) Zone on approximately 38.49 acres located southwest corner of Homestead Road and Blaney Avenue. Due to the changes in his application l-Z-70 previously approved, the applicant asked that the reading of Ordinance No. 455 be postponed. Councilman Stokes moved, Councilman Noel seconded and it was passed unanimously that the reading of this Ordinance No. 455 be postponed until the next regular meeting of the City Council. Resolutions l. No. 1944, approving payroll for period ending February 10, 1970 Resolution No. 1944 was presented by City Treasurer Fitzgerald. Council- man Noel moved for adoption, Councilman Beaven seconded. Ayes: Councilmen Beaven, Fitzgerald, Noel, Stokes, Mayor Dempster Noes: None Absent: None 2. No. 1945, approving miscellaneous and general expenditures. City Treasurer Fitzgerald presented the miscellaneous and general expend- itures. Councilman Noel moved for adoption, Councilman Beaven seconded. Ayes: Councilmen Beaven, Fitzgerald, Noel, Stokes, Mayor Dempster Noes: None Absent: None 3. No. 1946, accepting grant of easement from Ditz-Crane. Councilman Stokes moved for adoption, Councilman Noel seconded. Ayes: Councilmen Beaven, Fitzgerald, Noel, Stokes, Mayor Dempster Noes: None Absent: None 4. No. 1948, accepting quitclaim deed and authorization from Pauline Woodruff. Councilman Stokes moved, Councilman Noel seconded that this resolution be adopted. Ayes: Councilmen Beaven, Fitzgerald, Noel, Stokes, Mayor Dempster Noes: None Absent: None 5. No. 1949, approving improvement of frontage on west side of Saratoga-Sunnyvale Road south of Mariani Avenue; authorizing the City Engineer to sign the final plan; and authorizing execution of the agreement in connection therewith. Councilman Stokes moved, Councilman Noel seconded that Resolution No. 1949 be adopted. Ayes: Councilmen Beaven, Fitzgerald, Noel, Stokes, Mayor Dempster Noes: None Absent: None Minutes of the City Council February 16, 1970 Unfinished Business A. Application 9-V-69 from Mission Furniture for a variance from parking requirements. Mr. Leo Ruth presented this request for variance for Mission Furniture. After considerable discussion and a legal opinion from City Attorney Anderson, Councilman Stokes moved for granting of the variance subject to the condition that the property can be used for no purpose other than a retail furniture store; that this be put on a deed restriction; and this restriction, prior to recording, be approved by the City Attorney; and, that a copy of the title report from the title company showing that the restriction has been placed be forwarded to the City Clerk. Councilman Beaven seconded this motion. Ayes: Councilmen Beaven, Fitzgerald, Noel, Stokes, Mayor Dempster Noes: None Absent: None B. Resolution No. 1906 - Cooperative Equipment Rental Agreement. Councilman Stokes moved that since this matter had been referred to the City Manager, Resolution No. 1906 be taken off the agenda. Councilman Beaven seconded and it was passed unanimously. Report of Officers A. City Treasurer There was no further report from the City Treasurer. B. City Manager City Manager Storm reminded the Council that the State had a piece of excess property totalling five plus acres that resulted from the shifting of West Valley Freeway westerly onto Lowe Avenue in Monta Vista. Some time ago he asked permission of the Council to have an appraisal of this excess property and permission to negotiate with the State for its purchase. Mr. Storm said that the appraisal had been received and with the Council's permission he would present it to the State to try to negotiate a sale price that would be favorable. He stated the reason for this and the City's interest was to get a better alignment of Mary Avenue and, also, it would create a much better development in relation to the Avery project that is now under construction on the east side of Mary Avenue. Upon the motion of Councilman Stokes and second of Councilman Noel, the Council unanimously authorized the City Manager to proceed with negotia- tions with the State for the purchase of the Mary Avenue property. The Council was ~lso reminded by the City Manager that some time ago he had contacted the State Right-of-Way Department regarding a building that might be considered for use as a Community Center Building for recreation. He stated he has located a duplex on Lowe Avenue which will be eliminated in conjunction with the extension of West Valley Freeway which he feels is suitable for this purpose. Chief Building Inspector Benevich has checked over this building and found it in good condition. page 11 CC-38 9-V-69 approved riili conditions Res. 1906 removed from agenda Mary Ave. property purchase authorized Page l2 acquisition of recrea- tion bldg. Damico property negotiations authorized Installation of water regulators meeting of city managers Mr. Storm contacted Mr. Bert Gensler of the Right-of-Way Department in San Francisco and told him of the City's need, requesting the State donate this duplex for recreation facilities for the City's children. Mr. Gensler, after conferring with his superiors, offered this building to Cupertino for $500.00. The City Manager informed the Council it could be moved for a cost of $5,800 and possibly $5,00 for renovation. Councilman Beaven moved and Councilman Fitzgerald seconded that the City of Cupertino accept this offer from the State and it was passed unanimously. Mr. Storm reported that Mr. Damico had made an offer to the City to sell his property for cash on an appraisal he received in 1968 fDr $279,000 subject to the condition that the property be~pur~Hased t~is year. Mr. Storm also has received a letter from Mi:. Langman"'!:' 'a't,tórney regarding the horse ranch, enclosing a copy of an agreement which hðd been use(f,"by the City of Palo Alto in purchasing an èxtensiYé 'piece 6f p~operty over a period of years. However, no provisions were mentioned for'the City to purchase this horse ranch. The City Manager has asked Mr; Langman and his attorney to set a firm price for this property. After considerable discussion' among the Council members, Councilman' Stokes moved that the Council direct the City Manager to have appraisals made on both pieces of property and, after the appraisals have been completed, he be instructed to negotiate the best possible price and the best terms on the purchase of these parcels based on the current and projected financial situation. The motion was seconded by Councilman Noel and passed unanimously. The City Manager reported to the Council regarding the installation of water pressure regulators in the Somerset $quare No. land Pepperwood Tracts. He stated that a couple of years ago, while he was out of the City, the then Director of Public Works installed a main line regulator in the transmission main on Stevens Creek Boulevard which was to regulate the pressure for De Anza College and the above tracts previously named. This has worked well, up to a point. That point was reached a week ago when the imported water line was shut off for some change-over installation. It was necessary to put the City's pumps in the system. This resulted in a pressure change from sixty pounds as delivered by imported water to one hundred fifty pounds from our pumps. Since the City had negotiated with the developers to participate in a cost of the main line pressure regulator it was impossible to get the developers to assume the financial responsibility of individual house regulators. In order to offset the increased pressure the main line pressure regulator will be moved and set into the De Anza distribution line and a request is made for $3,600 to purchase regulators for the tracts mentioned. Councilman Stokes moved that the City Manager be authorized to have these regulators installed; Councilman Noel seconded and it was passed unanimously. City ",anager Storm then requested permission to attend the Spring Managers' Meeting. Councilman Stokes moved, Councilman Noel seconded and it was passed unanimously to grant this request. C. City Attorney ,The City Attorney had nothing further to report. Minutes of the ~ty Council February 16, 1970 D. Director of Public Works Director of Public Works Yarborough presented plans and specifications for cnannelization and signalization in the vicinity of Sears, Stevens Creek Boulevard and Wolfe Road, requesting the Council to approve neces- sary funds for the project and authorize the staff to advertise for bids for this project. After considerable discussion Councilman Stokes moved that the staff be authorized to put this project to bid. Councilman Noel seconded and it was passed unanimously. Councilman Stokes further moved to ask the Dir- ector of Public Works to give a complete report with respect to conversa~ tions and the City's participation in the development of Vallco Park and the proposed signalization. Councilman Noel seconded this motion and it was passed unanimously. Mr. Yarborough reported on Sterling Homes Application 33-TM-69, Dedication of Right-of-way, saying that the City staff has met with the developer and representatives of the Pacific Gas and Electric Co. and an agreement has been reached on the dedication and improvement of all streets within the proposed subdivision in accordance with the conditions approved by the Council. He requested permission to modify the map to 60' rather than 46' and provide 14' of landscaping which would mean a slight shift in lots and alignment of the units. Councilman Fitzgerald moved, Councilman Beaven seconded and it was passed unanimously that permission be granted the Director of Public Works to pro- ceed with these modifications. Councilman Stokes inquired when the median landscaping on Stevens Creek Boulevard would be completed and was informed by the Director of Public Works that this should be complete around the middle of March. Councilman Stokes moved that the City Clerk-Finance Director be directed to contact the other banks to see if they would raise their interest rate since Barclays Bank has notified us that their rate has been increased. Motion was seconded by Councilmen Noel and passed unanimously. Councilman Stokes informed the Council that he would be unable to attend the February 18 meeting as representative to the Transportation Policy Committee and Councilman Beaven was designated as alternate to attend. Councilman Stokes moved that the staff be directed to compile as much information as possible with respect to the proposed San Jose Airport so that the Council could be better informed when taking a position on this matter. Councilman Beaven seconded this motion and it was passed unani- mously. ,pat~r13 , .~ CC~38 traffic signals for Sears area Appl. 33-TM-6 modifications approved bank interest rate Transportatiol Policy Commit· tee meeting San Jose Airport page 14 :it:: :', ;.:,' .".\ Minutes of the City Council February 16, 1970 Councilman Stokes moved for adjournment, Councilman Noel seconded and it was passed unanimously. The meeting was adjourned by Mayor Dempster at 11:13 P.M. ATTEST: '.,