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CC 11-17-69 CITY OF CUPERTINO, State of California 10300 Torre Avenue, Cupertino, CaJ.iforr.lía. Phone' 252-1t2!);:¡ , 95014 CC-2ß MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL HELD NOVEMBER 17, '-969 IN THE COUNCIL CHAMBERS, CITY RALL, CUPERTINO, CALIFOIDHA The meeting was called to order subsec;.uently led the assemblage at 8:00 p.m. by Mayor Den~ster, who i.n the flag salute. " I I call to order flag salute C01IDcilmen present: Beaven, Fitzgerald, Noel, Stok,es, Dempster. Also p!'esent: City Manager Storm; Cit~· Clerk - Finance Director Ryder; Director of ~~blic Works Yarborough; Planning Director Sisk; Assistant roll call Planner Cowan; Chief Building Inspector Benevich; Director of Parks and Recrt'atioll Parham; Recording Se~retary Lucie M. Matzley. Absent: City Atto!'ney Anderson. Councilman' Stokes moved for approval of the minutes of the adjourned regular meeting of November 3. 1969. Councilman Beaven secoIlded and it was passed unanimously. minutes approved The minutes of the regular meeting of November 3" 1969 were unanimously approved upon the motion by Councilman Beaven and the second by Council- rœn Stokes.. City Clerk Ryder advised that a single written coumr~~ication had been received from Jack T. Hirshon, Chairman of the Pla.nning Commission, asking for permission to ¡lave one Commissioner attend a short course for Plann.ing Co111CÜ.ssioners to be held at the Jack Taar Hotel on December 5th and 6th and for reimbursement of expenses. Counc1llnan Stokes moved for approval of the request, Councilman Beaven seconded and it was passed unanimously. attendance authorized Under oral communications, Mr. R. D. Koenitzer of 10060 Pharlap Drive read a letter addressed to the Board of Directors of the Oakdell Ranch Homeowners in which concerned residents pointed out that deplorable conditions of Stevens Creek were the responsibility of the residents and they should be adamant in wanting to keep the creek clean. ¡<II'. Koenitzer asked that the City Council extend all assistance possible toward that end. Mayor Dempster asked that a copy of the letter be supplied to the City matter Clerk and that the matter be referred to the City Manager. referred Report of Commissions A. 'Planning Commission planning Application lo-v-69 was presented by I<II'. Ted Fletcher of 1486 Newport, San Jose, who conveyed his disu~y at the Pla.~ing Commission's denial 01' the request, particulárly in light of the fact that the Planning De'{)artment he.d indicated a favorable recommendation. page 2 10-v-69 Lot A approved h control 444-lic-69 approved 445-HC-69 explanations Minutes of the rit:. Council November 17, 1969 cC-28 Application 10-v-69 cont'd Mr. Fletcher explained the proposal to the Councilmen a!ld reiterated his . statements as made to the Planning Commission by which he had beeD. aware of the high tension wire easement over his property on th<'. purchase of the site I!.!'ld that this variance proposal would provide au attractive solution to a problem area. Plaru1ing Commission ~airrean Hir~hon explained that the Commissioners hf\d been sympathetiC to the applicant's request but had not felt that sufficient hardship had been evidenced to Justify the variance. Mayor Dempster queried if such variance would effect any of the other properties in the area detrimentally' and whether an approval would set a precedent. Planning Director Sisk replied that the indicated hardship z'estcd in the easement for the high tension wire and that an approval would set a precedent as this easement was evident on other sites as well, and that the owners of these sites could also request a variance. Counci~~ Stokes commented that he could appreciate that a hardship would exist on Lot A, regardless of whether or not the applicant had known of the easement at the time of purchase. He could not, however, find justification for a !lsrdship on Lot B. Ccunci~~ Stokes moved for approval of the variance for Lot A and denial of the variance for Lot B of Application 10-v-69, subject to approval by the Architecture and Site Approval Committee, and subject to conditions one through fourteen as listed in the Planning Director's memorandum of November 6, 1969. Councilman Fitzgerald seconded and it wa~ passed unanimously. At this point there was a question by a member of the audience on the report relating to the effects of electrolysis on water senrice. Mayor'Dem:pster eXI,laincd that the representatives from Stanford had found it impossible to attend this meeting, that the Chief Buildi,pg Inspector or the Director of Public Works report their findings in wriiing and that the audience member should contact staff 'for a copy of that report. B. Architecture and Site Approval Committee Application 444-HC-69 was briefly explained by the Chief Building Inspector and unnnimous~y approved upon the motion by Councilman Fitzgerald and the second by Councilman Stokes. Mrs. Elaine Rosendahl asked to address the Council relative to an applicatiolJ which had been continued by the Architecture and Site Approval Committee. The Council agreed. Mrs. Rosendahl explained that her loan commitments would expire on November 25, 1969 which was prior to the next meeting of H ControL She asked that the City Council give approval of the submitted and revised plans so that she could proceed with the development. Minutes of the City Council November 17, 1969 CC-28 page 3 H Control cont'd Chief Building Inspector Benevich presented drawings of the proposal and explained certain changes agreed to by the applicant, but pointed out that the proposed construction would have flat roofs as opposed to other existing roofs in the area. Councilman Stokes stated that he was disturbed at the attempt to circumvent the review of the Architecture and Site Approval Committee particularly in view of the fact of the constructions being out of character for the area. Mr. Stokes mentioned that he was sympathetic toward the applicant's loan commitment problems but the decision of reviewing the basic architecture of the construction was a prerogative of H Control. Councilman Beaven agreed with Councilman Stokes supp- lementing his opinion that the proposed constructions looked like barracks and were void of attractive design although he did not wish to deny the applicant the right of freedom of expression. Mr. Beaven wondered if a compromise could be reached as the existing proposal was unacceptable to him. Mrs. Rosendahl disagreed that the constructions had a barracks-like appearance and mentioned some of the amenities to be found inside the units. Mayor Dempster cautioned Mrs. Rosendahl that her present application would not pass by the Council and pointed out that members of the Architecture and Site Approval Committee had continued the application for lack of sufficient information on the proposal. Councilman Noel agreed with Councilman Stokes that this application should not be approved by the City Council but should go back to the Architecture and Site Approval Committee for their review. Councilman Stokes also cautioned that any conditions relative to the need to change the roof line, as placed upon the application by the City Council, might prove costly indeed to the applicant as changes in roof lines necessitate changes in the rest of the construction as well and should be reviewed by the applicant's architect. Director of Public Works Yarborough reported that H Control Chairman Small, Chief Building Inspector Benevich and he had reviewed the proposal at the request of the applicant in an attempt to arrive qt a solution which the City Council might approve. COli, cilman Beaven moved that the City Council appoint a committee of thre~ .fficials, consisting of Messrs, Small, Benevich and Yarborough, to arriv. at a workable solution to the problems of the roof design in conjunct:on with the applicant, and that this committee make a decision baseo 'tpon the directive by the Council and its expressed feelings as abov~ stated, with the condition that the landscaping of the project is nOL approved at this time and shall be submitted to H Control. Councilman Beaven seconded and ir was passed UÜdülillously. 445-HC-69 committee appointed page 4 parks Ord. 451 legend second reading Ord. 451 enacted Res. 1901 adopted Res. 1902 8,ø,o'Pted Res. 1903 adoptéd Minutes of the City Council November 17, 1969 cC-28 Report of Commissions cont'd C. Parks and Recreation Commission There had been no meeting, there were no minutes. Parks Director Parham reported that he had received a request from the PTA members and the Cupertino Union School District to consider the operation of a year-round program of recreation at Hansen and Blue Hill Schools. He said that he had no objections to doing so, thst it would be financed by the school district ~nd that it would in no way affect the City's other programs.' There were no public hearings. Ordinances A. Second reading of Ordinance No. 45l: Rezoning from light industrial (ML) zone to multiple residential (R3-2.2) zone; approximately 8.4 acres located southerly of and adjacent to Homestead Road, 500 feet westerly of intersection at Homestead Road and Barranca Drive. Councilman Stokes moved that the Ordinance be read by title only and that the Mayor's reading of same constitutes a second reading. Councilman Beaven seconded and it was passed unanimously. Councilman Stokes moved for enactment of Ordinance No. 451. Councilman Noel seconded. Ayes: Councilmen Beaven, Fitzgerald, Noel, Stokes, Dempster Noes: None Absent: None Resolutions 1. No. 1901: approving payroll for period ending November 4, 1969 City Treasurer Fitzgerald presented the payroll. Councilman Beaven moved for adoption, CotUlcilman Noel seconded. Ayes: Councilmen Beaven, Fitzgerald, Noel, Stokes, Dempster Noes: None Absent: None 2. No. 1902: approving miscellaneous and general expenditures City Treasurer Fitzgerald presented the list of expenditures. Councilman Stokes moved for adoption, Councilman Beaven seconded. Ayes: Councilmen Beaven, Fitzgerald, Noel, Stokes, Dempster Noes: None Absent: None 3. No. 1903: accepting a grant of easement from Ben Baxley and Margaret M. Baxley CounciImafi Stokes moved for adoption, Councilman Noel seconded. Ayes: Councilmen Beaven, Fitzgerald, Noel, Stokes, Dempster Noes: None Absent: None ;~nutes of the City Council November 17, 1969 Resolutions cont'd cC-28 page 5 4. No. 1904: accepting dedication of real property for roadway Res. 1904 purposes from R. Cali & Bro. Approximately 0.112 acre located at the south end of Terry Way Councilman Fitzgerald moved for adoption, Councilman Noel seconded. Ayes: Councilmen Beaven, Fitzgerald, Noel, Stokes, Dempster Noes: None Absent: None 5. No. 1905: accepting quitclaim deed and authorization from Ditz-Crane Corporation adopted Res. 1905 Councilman Stokes moved for adoption, Councilman Fitzgerald seconded. adopted Ayes: Councilmen Beaven, Fitzgerald, Noel, Stokes, Dempster Noes: None Absent: None 6. No. 1906 At the request of the City Manager, this matter was postponed to the next meeting. 7. No. 1907: effecting certain street name changes Res. 1906 postponed Res. 1907 Councilman Beaven moved for adoption, Councilman Fitzgerald seconded. adopted Ayes: Councilmen Beaven, Fitzgerald, Noel, Stokes, Dempster Noes: None Absent: None 8. No. 1908: accepting grant deed from Ditz-Crane, a corporation Res. 1908 Finance Director Ryder read the Resolution by title and presented warrant No. 5133 for $24,550.00. Councilman Stokes moved for adoption of the resolution and authorization to pay the warrant. Councilman adopted Noel seconded. Ayes: Councilmen Beaven, Fitzgerald, Noel, Stokes, Dempster Noes: None Absent: None Unfinished Business A. Variance to permit 8 common door between Payless Super Market variance and Drug Store legend Chief Building Inspector Benevich reported that the Fire Marshal had ruled the building to be one permitting a common door between the two stores. Councilman Stokes moved, Councilman Noel seconded and it was passed unanimously to approve the variance. approved page 6 2l-Z-69 legend Ord. 450 legend first reading Res. 1909 requested drawn recess Minutes of the City Council November 17, 1969 cC-28 Unfinished Business cont'd B. Application 2l-Z-69: From Sterling Homes; Report from Planning· Commission relative to adjustment of zoning boundary. Ordinance No. 450 on first reading Planning Director Sisk eXI)lained the application and recommended favorable approval. Vice Mayor Stokes, who assumed the Chair at this point, ask!ed fora reading of Ordinance No. 450. City Clerk Ryder read the Ordinance by title. Ordinance No. 450: amending Section 1 of Ordinance No. 2 by pre- zoning a certain portion of the County from County R3-2.4 zone and CN zone to City R3-2.2*da (high-density multiple residential) zone and CG zone; approximately 15.9 acres located west of Foothill Boulevard, north of Stevens Creek Boulevard Councilman Noel moved, Councilman Fitzgerald sec0nded that the Ordinance No. 450 title reading as read by the City Clerk constitutes a first reading. The motion passed 4 - 0 with Councilman Dempster abstaining. C. Ambulance Service Agreement Mr. Storm elaborated on his previously submitted report on the matter. Mr. Dan Donovan, Attorney at Law and representing A. R. Bell of AAA Ambulance Service, presented a detailed explanation of the way by which the County is divided into twelve ambulance emergency communications districts, known as "zones of responsibility", and the efforts of his client to serve the citizenry of Cupertino. Mr. Donovan also reported on the qualifications ofihis company and his client and related some of the problems Mr. Bell had encountered in an attempt to serve the people in need of ambulance service. Councilman Fitzgerald moved that Resolution No. 1909 be drawn and forwarded to the Board of Supervisors asking that AAA Ambulance Service be given every consideration from the County Communications District and that the zone of responsibility for G~pertino be granted to Mr. Bell. Councilman Noel seconded and it was passed unanimously. Mayor Dempster called a recess at 9:25 p.m. The meeting reconvened at 9:40 p.m. D. Street Pattern for Town Center Director of Public Works Yarborough presented three different alternatives for the street pattern in the Town Center and explained how each differed from the previous proposal. A lengthy discussion then ensued among the members of the Council, the City staff and the owners of the various pieces of property on the merits of each proposal as against the original concept. Of prime importance in these discussions was the projected extension of Rodrigues Avenue and Blaney Avenue as to the route and cost as well as providing access to a proposed development. Also involved was the necessity to condemn ~ne or more existing private residences if the original plan was to be followed. Minutes of the City Council November 17, 1969 Unfinished Business cont'd In the absence of any agreement among the property owners and the failure to effect a compromise, Councilman Stokes moved that alternativ B be adopted with a fully improved 60' street which provided for Rodrigues -AvenJ1e to follow the Regnart Creek Channel to that point on the Chuck property where it curved northeastward to meet the property line and then running straight to the intersection with Blaney Avenue. Councilman Beaven seconded and the motion was passed with a 4 - 1 vote with Councilman Fitzgerald dissenting. There was no new business. Report of Officers A. City Treasurer There was no further report from the City Treasurer. B. City Manager City Manager Storm recommended to establish a new title of Assistant Planner and place same in Pay Grade 12. Councilman Stokes moved for approval, Councilman Beaven seconded and it was passed unanimously. There were no further reports from the Director of Public Works, the Director of Planning, the Chief Building Inspector and the Director of Parks and Recreation. H. City Clerk - Finance Director Councilman Fitzgerald moved for adoption of ResolJ1tion No. 1910 granti the variance for Application lo-v-69. Councilman Stokes seconded. Ayes: Councilmen Beaven, Fitzgerald, Noel, Stokes, Dempster Noes: None Absent: None Councilman Fitzgerald moved for adoption of Resolution No. 1911 for the variance to the building codes to permit a common door between Payless Drug Stores and PW Markets. Councilman Stokes seconded. Ayes: Councilmen Beaven, Fitzgerald, Noel, Stokes, Dempster Noes: None Absent: None City Clerk Ryder informed the Council that a public hearing on Reso- lution No. 187 had been advertised for December 1, 1969. This was for the annexation known as Alcalde 69-6. The Mayor stated this matter would be heard instead at the adjourned meeting of December 9, 1969. c-28 ge 7 alternative approved for street pattern treasurer manager authorizatiQn clerk Res. 19l0 adopted Res. 1911 adopted public hearing scheð,uled page 8 adjournment Minutes of the City Council November 17, 1969 CC-28 Mayor Dempster adjourned the meeting at 10:40 p.m. to December 9, 1969. ATTEST: ,