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CC 01-19-70 CITY OF CUPERTINO, State of California l0300 Torre Avenue, Cupertino, California 95014 Phone: 252-4505 CC-34 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL HELD JANUARY 19, 1970 IN THE COUNCIL CHAMBERS, CITY HALL CUPERTINO, CALIFORNIA The meeting was called to order at 8:00 P.M. by Mayor Dempster who sub- sequently led the assemblage in the flag salute. call to order Councilmen present: Beaven, Fitzgerald, Noel, Stokes (9:25 P.M.) and Dempster. Also present: City Manager Storm; City Clerk-Finance Director Ryder; Director of Public Works Yarborough; Planning Director Sisk; Assistant Planner Cowan; Chief Building Inspector Benevich; Parks and Recreation Director Parham. City Attorney Anderson was absent. roll call The minutes of the regular meeting of the City Council of January 5, 1970 were unanimously approved upon the motion of Councilman Noel and second by Councilman Beaven. Minutes of the adjourned regular meeting of January l2, 1970 were approved unanimously upon the motion of Council- man Noel and second of Councilman Fitzgerald. minutes approved City Clerk-Finance Director Ryder advised the Councilmen of receipt of the written following written communications: communications 1. Letter from the Cupertino Nursery requesting that the City Council grant a deferment for the payment of a storm drain assessment un- til such time as the actual improvement is installed upon the site; 2. Request from the Cupertino Jaycees requesting that the City Council adopt a proclamation by which the week of January 18 through 24, 1970 be observed as Jaycee Founder's Day Week. 3. City Clerk Ryder advised the Councilmen that the official ballot for the officer's slate for the Association of Bay Area Governments had been received. The voting procedure called for the Council- men to cast the ballots in the City Clerk's office for transmittal to the headquarters. Councilman Noel moved, Councilman Fitzgerald second and it was approved un~aycee pro- animously to adopt the proclamation as requested by the Cupertino Jaycees. IClamation adopted Director of Public Works Yarborough interjected that the staff would concur with the request by the Cupertino Nursery as only a small portion of a large parcel of land is presently under consideration and the deferment would be in the best interest of the City and the applicants. Councilman Fitzgerald moved and Councilman Beaven seconded to refer the letter to the City Manager for review and report. The motion was adopted. Councilman Noel moved and Councilman Beaven seconded that the communications be filed, which motion was passed unanimously. The following audience members had requested to address the Council: page 2 Minutes of the City Council meeting January 19, 1970 l. Mr. Jacobsen of 2l4l4 Shannon Court who cautioned thát the Council had embarked upon a disturbing trend of granting multiple uses to R-l neighborhoods and that such precedent would lead to overcrowd- ed schools, an already impossible traffic situation compounded fur- ther, inadequate police protection and the like. It was Mr. Jacobsen's opinion that the City Council was being influenced much more by the requests of developers than by the wishes of the citizenry. Director of Public Works Yarborough at this point requested that Ordinance No. 452 referring to annexation known as "Alcalde 69-6" not be read at this time as he had reason to believe that there was a possibility the proceed- ings could be invalid. postponement Councilman Noel moved and Councilman Fitzgerald seconded to postpone the matter to the February 2, 1970 meeting to afford the City Attorney an op- portunity to review the matter. postponement Mr. Leo Ruth asked that, also because of the City Attorney's absence, the matter of Application 9-4-69 by the Mission Furniturè Company be postponed to the February 2, 1970 meeting. Councilman Noel so moved, Councilman Fitzgerald seconded and it was passed unanimously. 32-TM-69/ 26-u-69 legends approval 31-TM-69/ 24-U-69 legends Report of Commissions A. Planning Commission Planning Director Sisk explained applications 32-TM-69 / 26-U-69 together with the alternate approach to Mary Avenue should the proposed realignment of Mary Avenue become a reality. Mr. John Rodrigues, the developer, ex- plained that he was in agreement with all conditions. There was an audience comment relative to the retention of the mature oak trees. Mayor Dempster explained that the retention was adequately pro- tected by a condition in the tentative map approval. Councilman Noel moved and Councilman FitzgerWdseconded for the approval of Applications 32-TM-69 and 26-U-69. Motion was approved unanimously. Planning Director Sisk explained that the City Council had previously re- viewed Application 3l-TM-69 and 24-U-69 and referred them back to the Planning Commission who, in turn, had received a revised fentative map with the street showing as had been requested by the City Council. Further, that the proposal was for 136 units on a site which was entitled to 181 units, that the applicant had made dedication as requested but had, con- trary to the requests of the City Council and the Planning Commission, asked to be allowed to provide one carport and one garage rather than two full garages per unit. Also, that the Planning Commission had been ex- tremely concerned about the traffic and had asked that a 6' masonry wall be constructed along the property line adjacent to the commercial property. irector of Public Works Yarborough reported that the commercial property adjacent to had previously been requested to construct a 6' masonry wall, hich would render the request for an additional masonry wall at the same site superfluous. Minutes of the City Council Meeting January 19, 1970 CC-34 'PI!. 3 Mr. Jess Aguilar, the representative for the applicants, reiterated the applicant had met all requirements of the City and was, at this asking that the applications be approved. that time, Mr. Goodwin Steinberg, the architect for the project, showed slides de- picting the architecture, site plans, layout, method of fence construc- tion and elevation details for the proposal. He also explained what had transpired in connection with this application and once again asked for favorable approval of the project. When Mayor Dempster called for audience comments, Mr. Raymond Green, Mrs. Marilyn Nathanson, Messrs. Dawson, Thureau, Carlson, Wenniger and Naylor all spoke in opposition to the application stating such considerations as shortage of parking for visitors; the danger of cluttered appearances if the carports were authorized; the tremendous traffic load that would be generated by this construction; that the properties would sell for less than $30,000 in an area where most houses had a fair market value of $40,000 and up; that better, and certainly other than non-module con- structions could be proposed for this site which should not, in the first place, be allowed for multiple R-3 zoning; and, that neither of the princi- pals had any direct interest in Cupertino as they all lived outside the Cupertino city limits. audience comments Mr. George Fernandez, one of the applicants, took exception to the last statement by reminding the audience members that he had been, and is now, a Cupertino resident. Architect Steinberg stated that he did not wish to argue with the comments made as he did not feel the need for such arguments, but did correct the audience impression of the constructions as being, in fact, modular, but of the highest quality and equal to standard constructions. Further, that the City would have complete control over the proposal as it would fall within the jurisdiction of the City Building Inspector. He once again invited the Council to view the prototype of such a modular contstruction. comments by architect Mr. Green told the City Council that the developer had offered to take any interested residents to review a complete unit. However, no one had been contacte~ a promise had been given and not kept and there was no reason Why any other statements from the developer should be taken at face value. Councilman Noel stated that, in his opinion, there were a number of things wrong with the proposal, the primary consideration being the traffic pro- blem. He said that at the original discussion, the fact that these units would be pre-fab had not been stated nor the price range into which they would fall. Also, that two garages had been discussed and now one garage and one carport was pushed for approval. Councilman Noel moved to deny the application for the following reasons: council comments l. Because the additional traffic onto Blaney Avenue that would be generated from the construction; 2. Because this City does not have any experience in pre-fab con- struction; and page 4 3l-TM-69/ 24-U-69 denied recess Minutes of the City Council January 19, 1970 CC-34 Planning Commission - Application 3l-TM-69/24-U-69 cont'd. 3. Because economics had never been discussed at any time for proposed houses under $30,000 in an area where there are only $34,000 to $40,000 homes. Councilman Stokes seconded, stating that the City of Cupertino has always insisted upon high quality developments during the past eleven years he has lived in the City. He said that since the City became incorporated a great many applications have been denied and great pressure has been brought to lower the R-l requirements, all of which were rejected, and he saw nothing in this development that would lend itself to quality construction. Further, he said he would rather see the site developed into higher density without modular construction at higher cost. Ayes: Councilmen Beaven, Noel, Stokes, Dempster Noes: Councilman Fitzgerald Absent: None Mayor Dempster called a recess at 9:40 P.M. The meeting reconvened at 9:50 P.M. B. Architectural and Site Approval Committee H Control Applications 377-HC-68, 4l2-HC-69, 448-HC-70, 449-HC-70 and 450-HC-70 àpplicationswere unanimously approved by the individual motion of Councilman Stokes approved and the individual second by Councilman Noel. Applications 358-HC-68 and 424-HC-69 were unanimously approved upon the individual motions by Councilman Noel and the individual seconds by Councilman Stokes. Res. 1926 adopted C. Parks and Recreation Commission The minutes of January 7, 1970 were presented, there was no further com- ment. There were no Public Hearings. Ordinances The second reading of Ordinance No. 452; annexation designated "Alcalde 69-6" had previously been postponed to the February 2, 1970 meeting. Resolutions 1. No. 1926, intention to order vacation of a portion of a public utilities easement on Farallone Drive and Bollinger Road in Tract 2341 within the City of Cupertino. Councilman Noel moved for adoption, Councilman Stokes seconded. Ayes: Councilman Beaven, Fitzgerald, Noel, Stokes, Dempster Noes: None Absent: None Minutes of the City council January 19, 1970 Resolutions cont'd. 2. page 5 CC-34 No. 1927, approving payroll for period ending January 13, 1970. Res. 1927 City Treasurer Fitzgerald presented the payroll. Councilman Stokes moved for adoption, Councilman Noel seconded. Ayes: Councilmen Beaven, Fitzgerald, Noel, Stokes, Dempster Noes: None Absent: None adopted 3. No. 1928, approving miscellaneous and general expenditures. Res. 1928 City Treasurer Fitzgerald presented the list of expenditures. Councilman Noel moved for adoption, Councilman Stokes seconded. Ayes: Councilmen Beaven, Fitzgerald, Noel, Stokes, Dempster Noes: None adopted Absent: None 4. Councilman Ayes: Noes: Absent: 5. Councilman Ayes: Noes: Absent: 6. Councilman Ayes: Noes: Absent: 7. Councilman Ayes: Noes: Absent: No. 1929, approving final plan for the improvement of frontage Res. 1929 at the southwest corner of Saratoga-Sunnyvale Road and Homestead Road. Stokes moved for adoption, Councilman Fitzgerald seconded. Councilmen Beaven, Fitzgerald, Noel, Stokes, Dempster None None adopted No. 1930, accepting dedication of real property for roadway Res. 1930 purposes from Paul Mariani and Mary Frances Mariani, Skaggs Pay Less Drug Stores, and Transamerica Title Insurance Company of approximately 1.023 acres located at the southwest corner of Saratoga-Sunnyvale Road and Homestead Road. Stokes moved for adoption, Councilman Noel seconded. Councilmen Beaven, Fitzgerald, Noel, Stokes, Dempster None None adopted No. 1931, approving final plan for the improvement of frontage Res. 1931 on south side of Stevens Creek Boulevard in Crossroads Center. Noel moved for adoption, Councilman Stokes seconded. Councilmen Beaven, Fitzgerald, Noel, Stokes, Dempster None None No. 1932, accepting dedication of real property for roadway purposes from Fred E. Rhodes of approximately 0.09 acre locat on the northeast corner of Foothill Boulevard and Cupertino Road. Noel moved for adoption, Councilman Stokes seconded. Councilmen Beaven, Fitzgerald, Noel, Stokes, Dempster None None adopted Res. 1932 d adopted page 6 Res. 1933 approveà Res. 1934 approved Res. 1935 approved Res. 1936 approved reports postponed business license tax appeal ambulance service report pending Minutes of the City Council January 19, 1970 Resolutions cont'd. 8. Councilman Ayes: Noes: Absent: 9. Councilman Ayes: Noes: Absent: 10. Councilman Ayes: Noes: Absent: ll. Councilman Ayes: Noes: Absent: No. 1933, accepting quitclaim deed and authorization from Cupertino Hills Swim and Racquet Club. Noel moved for adoption, Councilman Stokes seconded. Councilmen Beaven, Fitzgerald, Noel, Stokes, Dempster. None None No. 1934, accepting a grant of easement from Ditz-Crane of approximately .035 acre located west of Mary Avenue and south of Junipero Serra Freeway. Noel moved for adoption, Councilman Stokes seconded. Councilmen Beaven, Fitzgerald, Noel, Stokes, Dempster None None No. 1935, accepting a grant of easement from Del Oro Develop- ment Co., Inc. of approximately .015 acre located west of Mary Avenue and south of Junipero Serra Freeway. Stokes moved for adoption, Councilman Noel seconded. Councilman Beaven, Fitzgerald, Noel, Stokes, Dempster None None No. 1936, calling for General Municipal Election to be held April l4, 1970. Noel moved for adoption, Councilman Stokes seconded. Councilman Beaven, Fitzgerald, Noel, Stokes, Dempster None None Unfinished Business Because of the absence of the City Manager and the City Attorney, both of whom were to have reported on individual matters, those pertaining to the report on the Library plans and the cooperative agreement for equipment rentals with the City of Sunnyvale were postponed to the February 2, 1970 meeting. The matter of the appeal on the business license tax by Mr. Williams was taken off the agenda with the City Clerk being instructed to obtain a written report from the City Attorney and when this was received to then notify Mr. Williams and have the matter again placed on the agenda. City Clerk Ryder reported that the City Council had previously requested the City Clerk to make an investigation and report on the ambulance service for Cupertino, which report was to have included the action taken by the Board of Supervisors. Mr. Ryder pointed out that this matter was still pending before the Board and that this was to be discussed at their February 3, 1970 meeting. Minutes of the City Council January 19, 1970 Unfinished Business cont'd. It was moved by Councilman Stokes, seconded by Councilman Noel and passed unanimously that the City of Cupertino does not take a position of prefer- ence as to the serving of this area by any ambulance company and that the County Executive is to be notified that the City will accept the service of whatever ambulance company the County felt would best serve this area providing that they obtained a business license the same as any other business. The Director of Parks and Recreation, Mr. Parham, reported the progress to date on the house-to-house survey which, when completed, would be sub- mitted to the City Council. Councilman Stokes moved, Councilman Noel seconded to direct staff to sub- mit the report at the second meeting of March, 1970. Motion was passed unanimously. New Business Councilman Stokes stated that he had viewed "Apartments for Rent" signs on apartment houses facing the freeway for the past fourteen months and he wondered if there was any way in which thp cooperation of the owners could be obtained for a restricted time limit during which these signs can be displayed along major freeways. The Council directed the Chief Building Inspector to take this matter to H Control for their discussion and re- commendation. Mayor Dempster indicated that he wished to discuss the proposed commercial development in the foothill areas located near the junction of Foothill I Boulevard and Junipero Serra Freeway. He said that this matter had been discussed at the January meeting of the Santa Clara Inter-City Council and that he had received numerous letters from various individuals both With-¡ in the City of Cupertino and from adjoining cities. He said it was his belief that the City should take a positive stand in regard to this matter a t this time. Councilman Noel agreed with the Mayor's comments but indicated his reluc- tance if it would result in setting a precedent as to prejudging develop- ment proposals when a formal application was not before them. Councilman Stokes stated that this was a special case and that the City already had made a stand on such matters before. He said he was opposed to commercial development of the foothills when other areas in the City were available for commercial development. He also pointed out the City's program for developing a master plan which had resulted in the disapprov- al of other rather large proposed developments. Councilman Fitzgerald did not state whether he was for or against the pre- sent proposal but expressed himself as believing the Council was placing itself in a position of prejudging, should formal action be taken. Mayor Dempster reiterated that the matter should be discussed now and in so doing it would be providing a service to the developer and the land- page 7 cC-34 report on tree survey Mayor's com- ments on foothill development discussion page 8 comments of Planning Commissioner stop sign approval promotion approved Minutes of the City Council January 19, 1970 New Business cont'd owner by indicating the City's feelings, especially if it meant that the Council was not in favor of commercial development in the foothill area. He said it was his personal belief that such development should not take place, especially at this location of Foothill Boulevard and Junipero Serra Freeway. Planning Commissioner Donald Frolich received approval to address the Council and stated that it was his feeling which had been obtained at a recent meeting that the developer was quite certain that the City of Cupertino was' in favor of the proposed project. He suggested the posi- bility of the Council adopting the position of reaffirming the master plan for that area in the absence of any evidence indicating that there is something wrong with the master plan. Councilman Stokes moved, Councilman Noel seconded and it was passed un- animously that this Council go on record of reaffirming its position of supporting the master plan for residential development of this area. The Mayor then requested that suitable copies of this action be sent to the Mayors of Los Altos and Los Altos Hills; to the Chairman of the Board of Supervisors; to the Chairman of the Local Agency Formation Com- mission and, as a courtesy, to Archbishop McGuckin. Report of Officers There was no further report from the City Treasurer, City Manager or the City Attorney, the latter two being absent. The City Manager pre- viously had submitted a written report included in which was a cost estimate for the improvement of south Blaney Avenue. The Mayor requested that, inasmuch as the proposed development on south Blaney had been denied, the Director of Public Works prepare a new es- timate to correct the traffic situation if this proposed development never becomes a reality. D. Director of Public Works By means of a previously submitted written report the Director of Public Works, in his capacity as the City's Traffic Engineer, presented data on the need for a stop sign at the intersection of Hartman Drive and Ainsworth Drive. This report had received the approval of the City Manager. It was moved by Councilman Stokes, seconded by Councilman Noel that the staff prepare a suitable ordinance for processing to permit the erection of the stop sign at this intersection. The motion passed unanimously. Mayor Dempster then relayed to the Council a request submitted by the City Manager, prior to his departure earlier in the evening, that Kenneth McKee, Maintenance Man II be promoted to Maintenance Man III with an increase in salary to Step 1 of Pay Grade 12. Approval for this was made with a motion by Councilman Stokes, seconded by Council- man Noel and which was passed unanimously. Minutes of the City Council January 19, 1970 page 9 CC-34 Report of Officers cont'd. Public Works Director Yarborough brought to the attention of the Council the situation where a development at the corner of Homestead and Stelling Roads had been approved but with the initial condition that the service station should not receive a building permit until such time as the Albertson's Supermarket and other buildings were being constructed. This condition had been rescinded at a later date on the assurance of the de- veloper that suitable fees and bonds had been provided and that there was no question but what the development would take place. The situation cur rently existing is that Albertson's Supermarket will not be constructed and the gasoline company is requesting a building permit pursuant to the terms of the latest condition. It was moved by Councilman Stokes, seconded by Councilman Noel and un- animously adopted that the applicant be notified that the original con- dition has been reinstated and that no building permit can be issued unti such time as the developer is prepared to proceed with the construction 0 Albertson's Supermarket and satellite buildings. There were no further reports from the other staff present. The meeting was adjourned at 10:35 P.M. to 7:00 P.M. on Fe; .uary 2, 1970 adjournment in the Library of the City Hall upon the motion of Councilman Noel and the second of Councilman Stokes. The Mayor requested that Mr. Lewis be notified of this adjourned time so that he could then submit his report as to the study of the proposed police facility. ATTEST: /bd