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CC 05-05-69 CITY OF CUPERTINO, State of California 10300 Torre Avenue, Cupertino, California 95014 Phone: 252-4505 The adjo~Ded re¡ular meetini called for 7:30 p.m. was declared ad- journed at that time by the City Clerk for lack of a quorum. MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL HELD MAY 5, 1969 IN THE COUNCIL CHAMBERS, CITY HALL, CUPERTINO, CALIF. The meetini was called to order at 8:03 p.m. by Mayor Dempster, who subsequently led the assemblaie in the flai salute. Councilmen present: Beaven, Fitzierald, Noel, Stokes, Dempster. Also present: City Manaier storm; City Attorney Anderson; City Clerk - Finance Director Ryder; Department of Public Works Director YarboroUih; Senior Planner Laurin; Assistant Plannel Eni; Chief Building Inspector Benevich; Director of Parks and Recreation Parham; Recording Secretary Lucie M. Matzley. City Manager Storm requested a correction in the minutes of April 16, 1969 as follows: on page 2 the last sentence of the second to last paragraph to correctly read" . . that the Count;, would install the berms . .". Councilman Stokes moved, Councilman Noel seconded and it was passed unanimously to appr.ve the minutes of Apri_ 16, 1969 as corrected. Councilman Stokes moved, Councilman Beaven seconded and it was passed unanimously^tG approve the minutes of April 21, 1969 as submitted. City Clerk Ryder advised the Councilmen of receipt of the following written communications: 1. Letter from Ernest Piini requesting permission to conduct a carnival on the Saich property from July 16 through July 20, 1969 and asking that the regular business license fee be waived. The proceeds will go to the Cupertino Little League. 2. Letter from Mrs. Jean Pullen, Clerk of the Board of Supervisors, advising the Council that a Santa Clara County Library Commis- sion term would expire June 30, 1969 and requesting recommenda- tions to fill the vacancy; 3. Applications for vacancies existing on 1) Parks and Recreation Commission from Lee McGalliard, Mrs. Betty R. Moore and Mrs. Jeanne tincent; 2) Architecture and Site A¡;prPJfal Committee sub- mitted by Stephen C. Reiner, Victor Marquez and Gerard K. Stern; 4. City Clerk Ryder stated that the normal application for the taxi cab permit had been received as had been requested by the City Council. CC-ll call to order flai salute roll call correction minutes approved approval of minutes written communicat ions Councilman Noel moved, Councilman Fitzgerald seconded and it was passed unanimously to authorize the carnival with the same procedures as followed in the past including the waiving of the business license fee. carnival OK'ed page 2 letters filed petition matter referred opposition planning A. 7-TM-69 Minutes of the City Council May 5, 1969 CC-ll Written Communications cont'd The matter of the vacancy on the Santa Clara County Library Commission was taken under advisement. Any suggestions by individual Councilmen shall be forwarded to the City Manager for a synopsis at the next meeting. Councilman Stokes moved, Councilman Fitzgerald secoÐded and it was passed unanimously to file the correspondence. When Mayer Dempster called for audience comments under oral communications, Mr. Ray Gustafson presented a petition signed by residents of Auburn and Drake Drives requesting the amendment of existing Ordinances or the initiation of a new Ordinance restricting the access to Vallco Park via Auburn Drive. Councilman Stokes moved, Councilman Noel seconded and it was passed unanimously to refer the matter to the City Attorney and the City Manager for a report. Mr. Samuel Bradlyn requested that no future Use Permits for riding stables be considered until such time as a complete discussion resolving the matter has taken place to protect the residents adjacent to such riding stables. Mr. Bradlyn submitted newspaper articles describing this same problem in surrounding municipalities. Mayor Dempster suggested that Mr. Bradlyn appear at hearings involving future Use Permits for riding stables at which time he could voice his opposition to same. Report of Commissions Planning Commission Application 7-TM-69 was discussed by Senior Planner Laurin who stated that the only problem had been in reducing the standard street width to one of forty-eight feet but that the presented solution had been found advantageous by both developer and staff as it would secure the retention of sufficient landscaping for the entrance into the subdivision. Councilman Stokes stated that he could find very little justification for reducing the standard street width to 48' and felt that 't would be more advantageous to allow only one sidewalk and give mort width to the travelling lanes on the street under discussion. Considerable discussion ensued on the subject of the reduction vs. elimina- ting one sidewalk to the south. Councilman Stokes stated that he war sym- pathetic to the reasons for such reduction but disagreed that travelling lanes should be narrowed to afford the retention of landscaping. Councilman Beaven stated that he would not wish to jeopardize the safety of walking school children by eliminating a sidewalk just to have streets wide enough for automotive traffic, and contended that there should be a sidewalk on both sides of the street. Minutes of the City Council May 5, 1969 Application 7-TM-69 cont'd Councilman Stokes moved for approval of Application 7-TM-69 with a forty feet wide right-of-way with the elimination of the sidewalk on the south side of the subdivisioL w:!.dening to a 56' wide typical street section. Ayes: Councilmen Fitzgerald, Stokes, Noel Noes: Councilmen Beaven and Dempster Absent: None B. Architecture and Site Approval Committee Application 405-HC-69 was briefly discussed. Councilman Noel moved, Councilman Stokes seconded and it was passed unanimously that the application be approved. Application 406-HC-69 was briefly discussed by the Chief Building In- spector. Mr. Specie, the applicant, clarified that his triplex would have one covered and one uncovered space for each unit and not two garages for each as had been listed in the minutes of the meeting of April 23, 1969. Councilman Stokes moved for approval of Application 406-HC-69, Council- man Noel seconded and it was passed unanimously. Mr. Tom Eckman of Barnhart Construction Company submitted Application 408-HC-69, stating that this project was the first phase for the ulti- mate development, adhered to the master plan for the entire project and would include such commercial v<ntures as a liquor store, a drug store and a barber shop. Further, that the developer was in the preliminary negotiating stage with leasing as well as designing the proposed rest- aurant and that negotiations should be completed in about two months. Mayor Dempster questioned if this application was not premature as it did not show the proposed motel and the entire project but merely the commercial complex and that the Council should be afforded a review of the entire integrated plan prior to being asked to pass on just the commercia_ complex. The applicant stated that the developer was extremely design-conscious in connection with this project and that the materials used on the con- structions would have to meet the equity position which the developer intended to retain. MayolDempster sympathfzed'with the applicant but stated that he would prefer to view the master plan for the development and asked that the Senior Planner make this plan available. In the interim, the listed agenda business was continued. C. Parks and Recreation Commission There was 'no further report in addition to the previously submitted minutes of the April 30, 1969 meeting. CC-ll page 3 7-TM-69 approved h controì 405-HC-69 approved point clarified 406-HC-69 approved parks page 4 ll-z-69 Ao legend p.. h~ closed ll-z-69 approved 9-z-69 appeal legend p. h. closed Minutes of the City Council May 5, 1969 CC-ll Public Hearings Application 11-2-69 from Claude T. Lindsay, Inc. for rezoninB from Agricultural-Residential Single-Family l-acre lots (Al-43) zone to Residential Single-Family 7,500 sqoft. lots (Rl-7.5) zone and pre zoning a certain portion of the County from Agricultural- Residential Single-Family 40,000 sqofto lots (County Rl-40) zone to Residential Single-Family 7,500 sq,ft. lots (Rl-7.5) zone. Approximately 5.79 acres located east side of B1ibb Road, north of Regnart Creek (Ordinance No. 439 on first reading). There were no additional staff reporès on the application, nor were there any audience comments. Councilman Stokes moved, Councilman Noel seconded and it was passed unanimously to close thE' public hearing. Councilman Stokes moved for approval of Application 11-2-69 and for the reading of Ordinance No. 439 by title only and that the reading by Mayor Dempster constitutes a first reading. Councilman Beaven seconded and it was passed unanimously. B. Appeal of Rodger Wooley (Application 9-z-69) requesting the City Council to reverse the decision of the Planning Commission denying the granting of a zone change from Agricultural-Residential Single- family l-acre lots (Al-43) zone to Residential Single-family 15,000 sq. ft. lots (Rl-15) zone. Approximately 30,000 sq.ft. located south end of Mount Crest Place. Mr. Rodger Wooley presented the appeal reiterating that a variance had previously been granted the site and that a lot of approximately 30,000 sq.ft. had been left over fo~ which the request for zone change had been submitted. Mrs. JUanita McLaren, Realtor, spoke in fa'ITor of the request stating that she had viewed the site in conjunction with staff members and felt that this request should be looked upon favorably. Director of Public Works Yarborough stated that the only existing inform- ation was that the grade of the right-of-way was 3Cf'1, and that the Fire Department had advised that anything over l5~ grade would be undesir- able as it would make ·'aJ;~u.rning radius for fire equipment impossible. Also, that additional structures on the site would only aggravate the existing grade problem in the area. There was an additional audience comment 'by which the statements of the Director of Public Works were corroborated, that there were tOl many lùts already in existence in the area and that the grading was entirely too steep. Councilman Stokes moved, Councilman Noel seconded and it was passed unani- mously to close the public hearing. ) Minutes of the City Council May 5, 1969 Application 9-z-69 Appeal cont'd CC-ll page 5 Councilman Noel recalled his previous opinion on the original applic- ation that another development would be undesirable because of the grad~ being too steep. Councilman Noel moved to deny the ap~eal on Application 9-z-69, Council- appeal on man Stokes seconded and it was passed unanimously. 9-Z-69 denied At this point and because the development plan for Application 408-HC- 69 was now available, Mayor Dempster reverted back to that hearing under the minutes of the Architecture and Site Approval Committee of April 23, 1969. 408-HC-69 discussions Councilman Stokes stated that the presentation of this meeting was sub- stantially in conformance to the original plan and was sympathetic to the developer's intention to develop the project in stages as shown on the original development plan; however, that he was not much in favor of the service station and cautioned the applicant that he would not be permitted to develop the frontage only wi:t¡hout any plans for the rear of the property. Mayor Dempster stated that he was willing to go along with the phase development of the site but warned that at least a portion of the motel proposal would need to be under construction before a service station would be passed upon. The applicant stated that the Use Permit was predicated upon conditions placed upon the application by the City Council. Further, that some $100,000 had been expended in developing Valley Green Drive and that this was not a speculative venture but would b. '"d'eveloped according to the Master Plan. Mayor'D'empster recalled that he had given favorable approval to the original development plan only because it had included plans for a motel, as he felt that Cupertino needed a motel badly. If the applic- ation had been for a commercial venture only, especially one including a service station, he would have voted against the application. Mayor Dempster asked what the applicant's planE were in cODnection with the motel construction. Mr. Eckman stated that he would prefer to commence construction on the motel as soon as possible but commented that the site would need to be developed in a logical and sequential order. He emphasized that the construction would need to proceed as rapidly as possible because of financing costs and ever-increasing labor and material prices. It was the consensus that, since Mr. Eckman was unable to make binding statements in connection with the motel construction, a representative for the motel proposal be present at the next meeting of the City Council who could answer all questions relative to the location which does I not front a thoroughfare but is located to the rear of the site, the anticipated construction commencement date, and matters such as proposed signs and a possibility of replacement of the motel to a different location or angle. page 6 Minutes of tht City' Council May ;;, 1969 cc'~, 11 Application 408-HC-69 cont'd Councilman Stokes stated that, in view of tbe fad that Mr. Eckman was not the expert on the motel construction and becau'ô,e i t',,1iS apparent that the Councilmen had many quest ionswhi (;11 (\2 é!de'd ans wers, he would 408-HC-69 suggest a continuance and moved that Ap¡Jli.catJ.v1 I,U[\"HC, 69 be continued continued to an adjourned meeting of the City Council wllie}) WGu.Ld b., scheduled for Monday, May 12, 1969 at 7:.30 porn. and t.o be placed 9.S the first item on the agenda for that Jæ eting, Coun:::iJman F'itzg"I'a.1d s';conded ando.t was passed unanimously. Ord. 434 second reading Ordinances 1. Ordinance No. 439 had previously been taken care of. 2. Second reading of Ordinance No, 4.34g Rezoning from Single~family Residential 10,000 sq. ft. lots (Rl..lO) zone to Multiple High- density' Residential 2,200 sq,ft, minimum (R3·2.2) zone. Approx- imately 22 acres located west side of Stelling Road, 860 feet north of Stevens Creek Boulevard, Councilman Stokes moved that the Ordi.nance be read by' title only and that the Mayor's reading of same constitutes a second reading. The motion passed 4 - 0 with Councilman Fitzgerald abstaining:. after t.he second by' Councilman NücÜ. enactment Councilman Stokes moved for enactment, Councilmlm Noel seconded. Ayes: Councilmen Beaven, Noel, Gtokes, Dempster Noes: None Absent: None Abstain: Councilman Fitzgerald Ord. 436 second reading 3. Second reading of Ordinance No, 436: Røwniug from Single-family' Agricultural-Residential l..acre lots (Al~43) and FlanneL Developm2ni; (p) zone to General Commercial (CG-,rg) zone. Approximately 18 acre~' 10cateC southwest corne'r of Homestead and S'LJ_11úyvale-Saratoga HOlids. Councilman Stokes moved that the Ordinancê bi.' :r'ea.dby r.:itle only and that the Mayor's reading of same constitutes a second readIng. Councilman Noel seconded and it was passed unanimously. enactment e10uncilman Stokes moved f01 enact1Lent, C01JIlci.lman Noel seconded. Ayes: Councilmen Beaven, Fitzgerald, Noel, S'tokes, Dempster Noes: None Absent: None Ord. 437 second reading 4. Second reading of Ordinance No. 43'7: Prezoning from Count.\" Agricultural-Residential 40,000 sq.ft. lots (Al-,40) zone to Single-family ResidenUal 7,500 sq.f't. lots (Hl·,7.5) zone. Approximately 3 acres located west side of' Rae Lane between HYannisport Drive and Colwnbus Avenue. Councilman Stokes moved that the Ordinance be !'e¡¡,d by -title only and that the Mayor's reading of same constitutes 1'1 seeond reading. Councilman Noel seconded and it was passed unanimously'. Minutes of the City Council May 5, 1969 Ordinance No. 437 cont'd Councilman Stokes moved for enactment of Ordinance No. 437, Councilman Noel seconded. Ayes: Councilmen Beaven, Fitzgerald, Noel, Stokes, Dempster Noes: None Absent: None CC-ll page 7 Ord. 437 enacted Second reading of Ordinance No. 438: Rezoning from Single- Ord. 438 family Residential 10,000 sq.ft. lots (Rl-lO) zone to Single- family Residential 7,500 sq.ft. lots (Rl-7.5) zone. Approxi- mately 1.84 acres located west side of Hillcrest Road and Crescent Road 5. Councilman Noel 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 the motion passed 4 - 0 with Councilman Stokes ab- staining. Councilman Noel moved for enactment, Councilman Beaven seconded. Ayes: Councilmen Beaven, Fitzgerald, Noel, Dempster Noes: None Absent: None Abstain: Councilman Stokes Resolutions 1. No. l786: accepting dedication of real property for roadway purposes from Edward S.J. Cali as Trustee for R. Cali Trust and Mary Cali Trust. Located on the west side of Bubb Road south of Pumpkin Drive Councilman Stokes moved for adoption, Councilman Beaven seconded. Ayes: Councilmen Beaven, Fitzgerald, Noel, Stokes, Dempster Noes: None Absent: None 2. No. 1789: approving payroll for the period ending April 22, 1969 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 3. No. 1790: approving miscellaneous and general expenditures second reading enacted Res. 1786 adopted Res. 1789 adopted Res. 1790 ç~ty Treasurer Fitzgerald presented the list of expenditures. Councilman adopted Stokes moved for adoption, Councilman Noel seconded. Ayes: Councilmen Beaven, Fitzgerald, Noel, Stokes, Dempster Noes: None Absent: None page 8 Minutes of the City Council May 5, 1969 CC-ll Resolutions cont'd Res. 1791 4. No> 1791: accepting dedication of real property for roadway purposes from Edward S. J. Cali, located on the west side of Bubb Road across from Vai Avenue. adopted Councilman Stokes moved for adoption, Councilman Noel seconded. Ayes: Councilmen Beaven, Fitzgerald, Noel, Stokes, Dempster Noes: None Absent: None No. 1792: authorizing the execution of an agreement by the Mayor and the City Clerk for the improvement of Bubb Road near Vai Avenue, between the County of Santa Clara and the City of Cupertino. Res. 1792 5. adopted recess applicants to appear Councilman Stokes moved for adoption, Councilman Noel &'conded. Ayes: Councilmen Beaven, Fitzgerald, Noel, Stokes, Dcmpster Noes: None Absent: None Mayor Dempster called a recess at 9:20 p.m. The meeting reconvened at 9:35 p.m. Unfinished Business A. Committee and Commission vacancies Mayor Dempster stated that, because of articles appearing in local newspapers, new applications for existing vacancies on various committees and commissions had been received. The City Manager was instructed to contact those individuals who had expressed a desire to serve and who had not been interviewed previously, and ask them to appear before the Council on Monday, May 12, 1969 at 7:30 p.m. New Business Councilman Beaven stated that he had been approached by some high school students after the last Council meeting in connection with an ever-increasing narcotics problem among students. The students had asked what, if anything, the City Council was planning in the way of attempti.ng to prevent such problems within the Cupertino jurisdiction. The subject had been approached in conjunction with a disèussion of the proposed central park. Mayor Dempster stated that the Director of Parks and Recreation would make a report to the Council on the park project at which time this subject could also be discussed. Reports of Officers City Treasurer treasurer A. There was no further report from the City Treasurer. " - Minutes of the City Council May 5, 1969 Reports of Officers cont'd B. City Manager Mr. Storm reported that the Los Altos Garbage Company was requesting consideration of a rate increase which necessitated a public hearing. Councilman Stokes moved, Councilman Noel seconded and it was passed unanimously to schedule such public hearing for the first meeting in June, 1969. City Manager Storm further reported that Vallco Park's General Manager had requested permission to place a children's zoo at Vallco Park during the week of September 9, 1969, and that he might wish to request a waiving of the necessary fees. MaYOl Dempster felt that the applicant should appear in person before the Council if he wanted to request a waiver. Mr. Storm maintained that there were still a number of residents who are opposed to the roadway dedication request for the Blaney Avenue improvement as formulated by the City. Mr. Storm said that efforts to convince these residents were being continued. The matter of the requesêed franchise transfer for the Cupertino Cab Company in the City of Cupertino was referred to the City Attorney. A lengthy discussion ensued on the matter of the Westacres Sycamore trees where these mature trees are raising and cracking sidewalks. Some of the residents had requested that the trees remain and it was questioned if there was a precedent for a determination of financial responsibility for such sidewalk damage. City Attorney Anderson stated that, to his knowledge, there was no pre- cedent as this City is relatively new and streets had been constructed in strict adherence to the Streets and Highways Code. However, that owners of real property own such property to the center of the street with the City having an easement upon such street, and if it can be establi.shed that the City has made reasonable inspection of the damage, then the City cannot be held liable for possible injuries. In all instances, the burden of repair would lie witL the property owner. Mayor Dempster felt that this was not the matter before the Council but that it would have to be decided whether to remove the trees and repair the sidewalks or to advise the homeowners of the City's willingness to remove the trees and repair the sidewalks; failing their concurrence it would then become the responsi~Qlity of the homeowners. It was Mayor Dempster's feelings that a precedent would need to be set at this time to which future occurrences would be able to adhere. After additional discussion, Councilman Fitzgerald moved to authorize the City Manager to proceed to repair these sidewalks at the City's expense ant do what is necessary by cutting roots, putting in plant mix, etc. to prevent the breaking up of the sidewalks again. Councilman Beaven seconded. CC-ll page 9 manager hearing scheduled motion to authorize repairs page 10 . Minutes of the City Council May 5, 1969 CC-ll City Manager's Report cont'd Councilman Stokes moved to amend the motion to read that no sidewalks amendment be repaired with AC mix. Councilman Fitzgerald secondedo The amendment was approved unanimously. The original motion was defeated 4 - 1 with Councilman Fitzgerald polling the single "aye" vote. responsi- bility defined attorney hearing scheduled Councilman Stokes moved that the City be responsible for the repair of sidewalks in Cupertino due to tree damage and that the trees be saved in all instances unless it is pointed out specifically that there is no way of preventing a tree from immediately re-damaging the sidewalk. Councilman Beaven seconded and it was passed unanimously. Mr. Storm reported that the Moffett Field installation was holding an Air Show to which they had invited the City of Cupertino to participate with a display. The City Manage" asked for permission to put a display together, plans for which would be shown to tr~ City Council for their consideration at the next meeting. The Council concurred. C. City Attorney Attorney Anderson reported that the applicant for the cab services had been supplied with a copy of Ordinance 13 of the City of Cupertino and that a formal application would be forthcoming. Attorney Anderson requested that a hearing be given the applicant for the taxicab franchise and that he be given sufficient time to research the matter. Councilman Beaven moved to schedule the public hearing for June 2, 1969. Councilman Noel seconded and it was passed unanimously. Mr. Anderson presented the matter of the requested realJgnment to the original route as submitted by Peninsula T. V. Power, Inc. in conjunction with a visual presentation by the Director of Public Works. change Councilman Stokes moved, Councilman Beaven seconded and it was passed authorized unanimously to give minute order approval to the amendment for the cable routes. pub.works D. Director of Public Works Mr. Yarborough made a presentation of the proposed channelization of Stevens Creek Boulevard and Wolfe Road to facilitate traffic movement around the proposed Sears, Roebuck store. Considerable discussion ensued on the subject of how best to maintain traffic safety, provide suitable ingress and egress to all affected parcels and still keep a free flow of vehicular movement. In response to that proposal for the widening of the streets to satisfy a requested left-turn facility, Councilman Stokes felt that considerable funds had been spent on sprinkler systems and landscaping as well as the actual landscaping and that it was now being proposed to remove a good portion of that landscaping. Minutes of the City Council may 5, 1969 CC-ll page II Report of Director of Public Works cont'd In answer to Mr. Yarborough's statement that the plans for Sears had progressed to such an extent that Sears had contended it would be difficult to revise them, Councilman Stokes reiterated and emphazized that it had been stated specifically and repeatedly that all approvals of various phases do not approve the access to the site and that the applicant was fully aware of this fact. Also, that if the plans are late in being submitted to the Council, this would be no body's fault but the applicant's. E. Senior Planner Mr. Laurin reported that new zoning and new neighborhood maps were now available to the City Council and asked that the old maps be returned to the Planning Department. There were no further reports from the Chief Building Inspector, the Director of Parks and Recreation and the City Clerk - Finance Director. The meeting was ordered adjourned to Monday, May 12, 1969 at 7:30 p.m. in the Library Room of the City Hall. The meeting adjourned at 10:50 p.m. City ATTEST: