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CC 10-20-69 CITY OF CUPERTINO, State of California l0300 Torre Avenue, Cupertino, California 95014 Telephone: 252-4505 CC-24 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL HELD OCTOBER 20, 1969 IN THE COUNCIL CHAMBERS, CITY HALL, CUPERTINO, CALIFORNIA The meeting was called to order at 8:00 P.M. by Mayor Dempster, who subse- call to order quently led the assemblage in the flag salute. flag salute Councilmen present: Beaven, Fitzgerald, Noel, Stokes, Dempster. Also present: City Manager Storm, City Attorney Anderson, City Clerk-Finance roll call Director Ryder, Director of Public Works Yarborough, Planning Director Sisk, Chief Building Inspector Benevich, Director of Parks and Recreation Parham, Recording Secretary Lucie M. Matzley. Councilman Beaven moved, Councilman Noel seconded and it was passed unani- minutes mously to approve the minutes of the October 6, 1969 meeting as submitted. approved City Clerk Ryder advised the Councilmen of receipt of the following written communications: 1. Several communications from various citizens in connection with an official listing on the agenda. Mr. Ryder suggested that these letters be read in conjunction with the discussion of Application 20-2-69; the Council concurred. 2. Request to proclaim November 9, 1969 as Danny Thomas Teenagers March Day for St. Jude's Children's Hospital. written communications Mayor Dempster read the proclamation in its entirety. Councilman Stokes moved, Councilman Noel seconded and it was passed unanimously to proclaim November 9, 1969 as Danny Thomas Teenagers March Day in the City of Cuper- tino for the benefit of St. Jude's Children's Hospital. St. Jude proclamation 2. Dempster had received the following requests for oral communications: Mr. Jack Wright in connection with Application l4-TM-67. The Mayor asked that Mr. Wright present his case in conjunction with the dis- requests for cussion of that matter at its regular agenda listing. oral communi- Mr. R. D. Koenitzer of 10060 Phar Lap Drive pointed out that approval cations had recently been given for a 192 unit apartment complex, in addition to an already approved development of some 300 units, and that this would be the time for the Council to consider the widening of both Stevens Creek and Foothill Boulevards. Mayor 1. Report of Commissions A. Planning Commission planning Mr. Jack Wright of 22303 Regnart Road stated that he was not necessarily opposed to Application l4-TM-67, but that those citizens living in the canyon area were concerned because a promised long-range development plan for the area had not materialized, nor had the people in the area been noti- fied of any official moves on the part of staff or the Council. Upon being asked to do so, City Manager Storm commented that this was in- deed a long range program but that nothing could materialize until a number of inherent matters and problems had been resolved. The master plan for page 2 l4-TM-67 approved l7-TM-69 approved planning institute in Anaheim h control 439-HC-69 approved 438-HC-69 approved Minutes of the City Council October 20, 1969 CC-24 this area, as well as plans for the other hill areas, would take time. The City already has done some work on this and he warned that because of its complexity, it might well take more than a year to complete. Mayor Dempster ascertained that Mr. Zimmer, the applicant for the pro- posal, was not in the audience. Councilman Stokes questioned the reasons for wanting a parcel map for undevelopable property and stated that his previous position on the matter had not changed. Councilman Noel noted that the ordinance would not allow the installa- tion of septic tanks in any of the parcels as all of them would be too small. Director of Public Works Yarborough explained that the applicant wished to have the parcel map approved to remedy some difficulties in legal- izing the division of the property that already had taken place and that Mr. Zimmer had been advised of probable conditions placed upon a possible approval and he had accepted them. Councilman Fitzgerald moved, Councilman Beaven seconded for approval of Application l4-TM-67. Ayes: Councilmen Beaven, Fitzgerald, Dempster Noes: Councilman Noel Abstain: Councilman Stokes Mr. Walter Seback presented Application l7-TM-69 and explained the various parcels upon which developments will be placed. There were no audience comments and no further staff reports. Councilman Stokes moved, Councilman Noel seconded for approval of Applica- tion l7-TM-69, and it was passed unanimously. Mayor Dempster called the Council's attention to a request by the Planning Commissioners to attend the Planning Commissioners Institute in Anaheim. It was moved by Councilman Noel, seconded by Councilman Stokes and passed unanimously to approve the reimbursement of expenses for those who would be attending the Institute. B. Architectural and Site Control Committee The minutes of the meeting of October 8, 1969 were presented. Application 439-HC-69 was briefly discussed and unanimously approved upon the motion by Councilman Stokes and seconded by Councilman Noel. The minutes of the meeting of October 15, 1969 were presented. Application 438-HC-69 was explained by Chief Building Inspector Benevich who answered Councilman Stokes' questions in connection with access matters. Councilman Stokes moved for approval of Application 438-HC-69 subject to all condi- tions as placed upon the Tentative Map with the deferment of the physical improvements for the cul-de-sac until such time as the remainder of the development is constructed. Councilman Noel seconded the motion and it was passed unanimously. Minutes of the City Council October 20, 1969 CC-24 page 3 Councilman Stokes queried Chairman Small about the l10ff the record" nota- tions appearing in the minutes of various meetings. Mr. Small explained that this was to allow the members an opportunity to relate and discuss parks certain observations of apparent ordinance violations which were not a direct responsibility of the Committee. C. Parks and Recreation Commission parks There had been no meeting of this Commission; there were no minutes. Public Hearings public hearings A. Appeal of Application 19-P-1i9 by James B. Boghosian requesting the City Council to reverse th, decision of the Planning Commission denying a Use Permit for a Service Station to be located on the southwest corner of Homestead Road and Maxine Avenue. (Planning Commission Resolution No. 700) 19-U-69 appeal Mr. Martin Hall, realtor and representative of James B. Boghosian, ex- plained the various and different approaches which had been utilized in preparing his presentation to the Council. Mr. Hall pointed out the need of visibility on the freeway of a service station, as well as access to it. He submitted statistics on the number of cars presently travelling the area as well as anticipated traffic flow and the necessity for this particular service station. He maintained that the service station would be the high- est and best use for this piece of property. City Clerk Ryder read four letters which were addressed to the Counci:c and which expressed favorable consideration of the application. When Mayor Dempster called for comments from the audience, there were two additional proponents. Three persons stated their opposition to the application, citing such factors as increased traffic, difficult access to the freeway and the I fact that there would be four service stations on as many corners in that area. After Mr. Hall had been given an opportunity for rebuttal, it was moved by P.h.closed Councilman Stokes, seconded by Councilman Noel, and passed unanimously to close the public hearing. t Councilman Fitzgerald felt that this corner would lend itself adequately to a service station because of its location and that such a service station would afford sufficient light and a better development to a corner than other con- structions. Councilman Beaven commended Mr. Hall on the amount of research that had been afforded this second presentation but felt that the matter should be viewed from two points: 1) whether the site was good for a commercial development, and 2) the access to and exit from the freeway. In relation to the first point, Mr. Beaven felt that there was already one service station in exist- ence, a second one had been approved, and this would be the third station on as many corners. He said he felt strongly that there were too many service stations in the City of Cupertino already and that there was strong public sentiment against additional ones. Councilman Stokes stated that this corner might be vice station but that this fact was negated by the a yet-to-be constructed third one. a good location for a ser- already existing two and I page 4 19-U-69 denied 20-Z-69 legend p.h. closed 20-Z-69 , denied recess Minutes of the City Council October 20, 1969 CC-24 Councilman Stokes moved, Councilman Noel seconded for denial of Applica- tion 19-U-69. Ayes: Councilmen Beaven, Noel, Stokes Noes: Councilmen Fitzgerald, Dempster Absent: None B. Application 20-Z-69 from James G. Boghosian for rezoning from Residential Single-Family (Rl-lO) Zone to General Commercial (CG) Zone; approximately .826 acre located at southwest corner of Homestead Road and Maxine Avenue. There were no audience comments. Mr. Martin Hall presented the appli- cation and briefly explained it. Councilman Noel moved, Councilman Stokes seconded, and it was unanimously passed to close the public hearing. Councilman Noel moved, Councilman Beaven seconded, for approval of Appli- cation 20-Z-69. Councilman Stokes stated that he had not commented on the previously discussed Use Permit as he knew that this application was to follow. For the record he said that he would like to know what was planned for the property and that it was not necessarily â good commer- cial property. He explained that his reasons against the Use Permit had been a carryover against certain commercial uses and that it was his feeling that this corner might better lend itself to the development of multiple residential, although he did not wish to imply that he was unalterably opposed to commercial properties. Mayor Dempster stated that his dissenting vote had been prompted by the fact that this was just another example of having a piece of land with a commercial zoning upon which a service station is automatically anticipated. Both Councilmen Stokes and Beaven felt that other commercial uses could be applied in connection with the development of this parcel of land and that it shouldn"t automatically be zoned commercial. Councilman Stokes also pointed"out that there had been clear indications about the way both the City Council and the Planning Commission had felt. Once again he pointed out that he was not unalterably opposed to commercial usage but that he would dissent on this particular application. Councilman Noel stated that, after listening to the discussions by his fellow Councilmen, he was of the opinion that he should negate his own motion. The motion vote: Ayes: Noes: Absent: to approve Application 20-z-69 was defeated by the following Councilrren Councilmen None Beaven. Fitzgerald Noel, Stokes, Dempster Mayor Dempster called a recess at 9:30 P.M. The meeting reconvened at 9:42 P.M. '< Minutes of the City Council October 20, 1969 Ordinances A. First reading of Ordinance No. 448: Ordering Stop Signs to be placed at the intersection of Bubb Road and Rainbow Drive. Councilman Noel moved, Councilman Beaven seconded and it was passed unani- mously that the Ordinance be read by title only and that the Mayor's reading of same constitutes a first reading. cc-24 page 5 Ord. 448 1st reading B. First reading of Ordinance No. 449: Rezoning from Residential Single-\ Ord. 449 Family (Rl-lO) Zone to General Commercial (CG) Zone; approximately nullified .826 acre located at southwest corner of Homestead Road and Maxine Ave. This item was nullified by the denial of Application 20-Z-69 (See page 4, item B under Public Hearings). Resolutions 1. No. 1871, giving notice of the proposed annexation designated "Alcalde Res. 1871 69-6". adopted Councilman Stokes moved for adoption, Councilman Noel seconded. Ayes: Councilmen Beaven, Fitzgerald, Noel, Stokes, Dempster Noes: None Absent: None 2. No. 1885, approving payroll for period ending October 7, 1969. City Treasurer Fitzgerald presented the payroll, Councilman Beaven moved Councilman Noel seconded. Ayes: Councilmen Beaven, Fitzgerald, Noel, Stokes, Dempster Noes: None Absent: None 3. No. 1886, approving miscellaneous and general expenditures. City Treasurer Fitzgerald presented the list of expenditures. Councilman Stokes moved for adoption, Councilman Noel seconded. Ayes: Councilmen Beaven, Fitzgerald, Noel, Stokes, Dempster Noes: None Absent: None 4. No. 1887, approving annexation designated "Homestead 69-ll". Councilman Stokes moved for adoption, Councilman Noel seconded. Ayes: Councilmen Beaven, Fitzgerald, Noel, Stokes, Dempster Noes: None Absent: None 5. No. 1888, accepting quitclaim deed and authorization from Sutter Hill Dp.velopment Company. Councilman Stokes moved for adoption, Councilman Noel seconded Ayes: Councilmen Beaven, Fitzgerald, Noel, Stokes, Dempster Noes: None Absent: None Res. l88S adopted Res. 1886 adopted Res. l887 adopted Res. 1888 adopted page 6 Res. 1889 adopted Res. 1890 adopted Res. 1891 adopted Res. 1892 adopted 23-TM-69 denied discussion on park sites Minutes of the City Council October 20, 1969 CC-24 6. No. l889, accepting quitclaim deed and authorization from Albertson's, Inc. Councilman Stokes moved for adoption, Councilman Noel seconded. Ayes: Councilmen Beaven, Fitzgerald, Noel, Stokes, Dempster Noes: None Absent: None 7. No. 1890, approving final map of Tract No. 4735, accepting certain drives, places, avenues and roads; authorizing the City Engineer and the City Clerk to sign the final map; and authori- zing execution of the agreement in connection therewith. Councilman Stokes moved for adoption, Councilman Noel seconded. Ayes: Councilmen Beaven, Fitzgerald, Noel, Stokes, Dempster Noes: None Absent: None 8. No. 1891, accepting a grant of easement from Herman Christensen, Jr. and Raymond P. Christensen. Councilman Stokes moved for adoption, Councilman Noel seconded. Ayes: Councilmen Beaven, Fitzgerald, Noel, Stokes, Dempster Noes: None Absent: None 9. No. 1892, approving annexation designated "Sparks 69-10". Councilman Stokes moved for adoption, Councilman Noel seconded. Ayes: Councilmen Beaven, Fitzgerald, Noel, Stokes, Dempster Noes: None Absent: None Unfinished Business A. Application 23-TM-69 from James G. Boghosian for a Tentative Map; approximately 2.35 acres located southwest corner of Homestead and Maxine Avenue. Councilman Stokes moved, Councilman Noel seconded for denial of Appli- cation 23-TM-69 because the zoning had been denied. Ayes: Councilmen Noel, Stokes, Dempster Noes: Councilmen Beaven, Fitzgerald Absent: None Councilman Stokes said that, as the Council was well aware, there had been much discussion about acquisitions of additional park sites and for the construction of a youth center. He said he had been unable to decide on any priority of these issues but that after much thought and deliberation, he had realized he was not giving the citizens of Cuper- tino the credit they deserved for finding a solution to many of the problems facing the City. He proposed to place on the April ballot a bond election of major proportions and he asked that the staff prepare and submit for discussion at the joint Parks and Recreation Commission and City Council meeting on October 27, 1969 whatever data could be made Minutes of City Council October 20, 1969 available for such an undertaking. He proposed that consideration be given for inclusion in such a bond issue the following items: 1. Development of those neighborhood parks where the land already had been purchased. The completion of the Hillside Park. Acquisition of additional land for park sites which could include the Horse Ranch, Damico winery property, and possibly other neighborhood playgrounds. Public works projects, to include the construction of the Tantau overcrossing; improvements on Highway 85; improvements on S. Blaney' Avenue; improving the balance of Stevens Creek Boulevard and Foot- hill Boulevard; constructing the Mary Avenue overcrossing; land- scaping the balance of major streets, such as Highway 85, Stevens Creek Boulevard and Foothill Boulevard; building the Library plaza and a facility for a Cupertino police department. 2. 3. 4. He said this was not an inclusive list but items for discussion as to the scope of the projects yet to be accomplished. He also added the improvement of McClellan Road as another such item. He further stated that the basis for proposing such a bond issue would be one of no tax increase. The future growth of the City plus what the City already had in existence and plus that for which commitments already had been made assured the necessary additional revenues for this from the City sales tax. New Business. There was no new business. Report of Officers A. City Treasurer - no further report. B. City Manager. Mr. Storm rp~~rted that water rates in adjacent municipalities ~ither had been increased or would be when approved by the Public Utilities Commission. Cupertino now had rates which were lower than much of those for the other communities, but in spite of this did not contemplate increasing them. He further reported that the Hillside Park was 60% complete but would need an additional $50,000 for a sprinkler system, a pumping system and land- scaping. Councilman Noel requested an item analysis on such costs before or in lieu of appropriating a large blanket sum such as this. It was the consensus that the request be delayed pending the discussion on the pre- viously suggested bond issue. Mr. Storm also said he would have the report on the ambulance agreement at the next meeting as he was waiting for some information from County Communications. C. City Attorney. City Attorney Anderson said his requested report on the ambulance franchise agreement should be held over to coincide with the City Manager's report at the next meeting. CC-24 page 7 more on parks treasurer manager attorney page 8 Res. 1893 adopted Res. l894 adopted easement grant for hillside park contract awarded left turn lane by new Mervyn's authorized planning Minutes of City Council October 20, 1969 CC-24 City Attorney Anderson presented Resolution No. l893 authorizing the execution by the City Manager, City Attorney and the Director of Public Works of an application to the Public Utilities Commission for a crossing of the railroad tracks at Bubb Road. Councilman Beaven moved for adoption, Councilman Stokes seconded. Ayes: Councilmen Beaven, Fitzgerald, Noel, Stokes, Dempster Noes: None Absent: None Attorney Anderson presented a second resolution, No. 1894, which he had prepared, authorizing the negotiation of an agreement for improve- ment of protection facilities at McClellan grade crossing within the City. Councilman Fitzgerald moved for adoption, Councilman Beaven seconded. Ayes: Councilmen Beaven, Fitzgerald, Noel, Stokes, Dempster Noes: None Absent: None D. Director of Public Works Councilman Beaven moved, Councilman Fitzgerald seconded to give minute order authorization for the disbursement of $lOO.OO compensation to Mr. and Mrs. Ben Baxley of 10945 Rae Lane for an easement grant for a water line for the Hillside Park, as recommended by the Director of Public Works. The motion was passed unanimously. Councilman Noel moved, Councilman Fitzgerald seconded to give minute order authorization for removal of the old water line in front of the Lincoln School and construction of a new 6" line at a cost of $5,100.00, the contract to be awarded to West Valley Construction Company on the basis of their low bid. The motion was passed unanimously. Director of Public Works Yarborough supplemented his written study of traffic generation at the proposed construction of Mervyn's across Stevens Creek Boulevard from Gemco Department Store and said that traffic signals would not be warranted at this time. He asked for authorization to modify the median at this point to enable construction of the necessary left-turn pocket to provide access to the new depart- ment store. Councilman Beaven moved, Councilman Noel seconded that such authoriza- tion be granted by minute order at a cost of $5,000.00 to the City, conditioned upon the building permit having first been issued for the construction of the Mervyn's complex. Ayes: Councilmen Beaven, Noel, Dempster Noes: Councilman Fitzgerald Abstain: Councilman Stokes Absent: None E. Director of Planning. There was no report. City Council Minutes October 20, 1969 CC-24 Page 9 F. Chief Building Inspector Chief Building Inspector Benevich reported that a report on electrolysis would be presented at the next regular meeting of the City Council by Stanford Research personnel who had volunteered to appear before the Council. building Mayor Dempster directed that they be heard under Oral Communications at the next regular meeting of the City Council. G. Parks and Recreation Director - no further report. parks H. City Clerk-Finance Director - no further report. clerk It was moved by Councilman Stokes, seconded by Councilman Beaven, and passed unanimously to adjourn the meeting to Monday, October 27, 1969 at 8:00 P.M. in the City Hall Library. motion to adjourn The meeting adjourned at lO:30 P.M. adjournment , "- APPROVED: ATTEST: