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CC 03-20-61 [~.'P'7 .AH P. O. Box 597 C I T Y 0 F CUP E R TIN 0 CUPERTINO, CALIFORNIA AL 2-4505 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL - MARCH 20, 1961 Place: Time: 10321 So. Saratoga-Sunnyvale Road 8:00 P.M. I SALUTE TO THE FLAG II ROLL CALL Councilmen Present: Councilmen Absent; Staff Present: Pelosi, Jewett, Lazaneo, Saich Benetti City Manager, City Attorney, City Engineer, Ci ty Clerk III MINUTES OF THE HEVIOUS MEETING: March 6, 1961. Minutes held over for further study until all Councilmen are present. IV PUBLIC HEARINGS: 1. Annexation hearing: McClellan #2; southeast corner of Bubb and McClellan. No written protests were filed. Moved by Councilman Lazaneo that by Councilman Saich. AYES: Councilmen: NAYS: Councilmen: ABSENT: Councilmen: MOTION CARRIED: the hearing be closed; Seconded Jewett, None Benetti 4-0 Lazaneo, Saich, Pelosi The Council requested first reading of Ordinance 173. Ordinance 173 given first reading, An Ordinance Approving The Ann- exation Of Certain Contiguous Uninhabited Territory Designated "McClellan - 2" To The City of Cupertino. 2. Rezoning hearing: Application of Lester & Lester to rezone 100 acres from A-2:B-4 to M-I-H, C-l-H, R-3-H, & PO-H; north side of Stevens Creek Blvd. adjoining the east side of Idlewild Greens. Recommended by Planning Commission Resolution 42. 3. Rezoning hearing: Application of Leonard Family to rezone 88 acres from A-2:B-4 to M-l-H, R-3-H, C-l-H, & PO-H; south side of Homestead Road east of Linnet. Recommended by Planning Commission Resolution 43. 4. Rezoning hearing: Application of Ellen Craft to rezone 118 acres from A-2:B-4 to M-l-H, R-3-H, C-l-H, & PO-H; north side of Stevens Creek Blvd. at the eastern City limits. Recommended by Planning Commission Resolution 44. Councilman Lazaneo stated that the above three rezonings should be considered in the light of discussion concerning the proposed Stanford M-l-H and PO-H zoning regulations and that he feels additional time for consideration is desirable. Moved by Councflman Lazaneo that items IV 2, 3, and 4 be continued to the next meeting; Seconded by Councilman Jewett. AYES: Councilmen: Jewett, Lazaneo, Saich, Pelosi NAYS: Councilmen: None ABSENT: Councilmen: Benetti MOTION CARRIED: 4-0 For clarification, Councilman Jewett san he believed the study session should be held on the subject of the M-I-H and PO-H zoning regulations, in the specific applications on the agenda. Councilmen agreed that interested parties should be kept apprised of the discussions which have a bearing on the instant application. Louis Segal, President of Idlewild Greens Homeowners Association, requested the opportunity to present their views tonight (March 6). He maintained that turning the subject over to study sessions would be inequitable inasmuch as all views might not be given proper attention nor reported in the press. ';"!f" /) ,i. -"~ 41011 .!: .... The Mayor stated that the City Council has had only one opportun- ity to study the proposed zoning regulations, that being the pre- vious Saturday and that a subject such as this which may concern hundreds of acres requires further deliberation on the part of the City Council. i-\ ~ C":~ "* ~ Robert Michaelson, Norwich Avenue, Cuprtino, asked permission to read a statement, He read a seven page letter protesting the rezoning of 306 acres at the north east corner of the City. The letter said that members of the Idlewild Greens Homeowners Assod- ation have not yet discovered the manner in which the whole prob- lem for rezoning was handled, nor on what basis the Planning Com- mission based the decision. The letter called attention to the fact that many of the present residents were in the process of moving into the houses after the hearings had begun and even after the hearings were practically concluded. The letter was filed with the City on the following day. Boris Stanley, attorney for the Craft application, asked for a moment to rebut the statement by Michaelson and said that there had been several hearings on the application and that profess- ional opinion had been sought and that the public had been given a chance to voice its opinion and that the recommendation had been reached solely through discussion at open meetings. Mrs. Hermsmeyer, 10450 Portal Avenue, asked the City Attorney about the legal precedent for zoning without the supporting zon- ing regulations or ordinances. The City Attorney answered that the County ordinance is in effect within the City limits but acknowledged that there is no PO-H district presently within the City limits which raises the ques- tion of whether or not the PO sections of the County ordinance are in effect within the City. Mr. Segal said he would like to show the City Council the results of industries locating alongside expensive residences in the Stanford Industrial Park. The Mayor announced March 22, Wednesday, 7:30 P.M. as the time for a study session on the subject. 5. Rezoning hearing: Application of Ripley Homes to rezone 10 acres from R-l:B-2 to R-l. East side of Blaney Avenue south side of Baywood Subdivision, Recommended by Planning Commission Reso- lution 45. Moved by Councilman Saich that the hearing be closed; Seconded by Councilman Lazaneo. AYES: Councilmen: Jewett, Lazaneo, Saich, Pelom NAYS: Councilmen: None ABSENT: Councilmen: Benetti MOTION CARRIED: 4-0 The Council studied the map of the property. Moved by Councilman Saich that the City Attorney be instructed to prepare an ordinance rezoning the property of Ripley Homes to R-l; Seconded by Councilman Lazaneo. AYES: Councilmen: Jewett, Lazaneo, Saich, Pelosi NAYS: Councilmen: None ABSENT: Councilmen: Benetti MOTION CARRIED: 4-0 The City Engineer reported that the school district, owner of the property adjoining on the south, might not want streets on four sides of the property. The school has not stated its off- icial position but alteration of the street pattern could elim- inate at least one street from the æhool site. See VIII H 2 for Council action on the tentative map. 6. Variance appeal: Application of Page Properties to grant a variance to allow 15 ft, front set-backs on 25 lots, Tracts 2741 and 2808, Pepper Tree. Denied by Planning Commission Resolution 37. Robert Reese represented the applicant. He posted exhibits pic- turing the setbacks requested saying these were not displayed or 2GB shown to the Planning Commission through an over-sight. He claimed the total setback distances amount to more than thp City requirement by 18%, meaning that some of the setbacks are approx- imately 30 ft. The driveways are curved on all the lots proposed for 15 ft. setbacks and the garage does not directly face the street. In response to a question he estimated the houses at 1700 sq. ft. and as much as $27,000.00 market price. Councilman Jewett sffid he could see nothing wrong in granting the variance and that a street relieved of the monotony of houses all in a row would serve a good purpose. He also said the same idea is in effect in the Idlewild Subdivision and that it looks good. Moved by Councilman Saich that Page Properties be granted a vari- ance as per application; Seconded by Councilman Jewett. AYES: Councilmen: Jewett, Lazaneo, Saich, Pelosi NAYS: Councilmen: None ABSENT: Councilmen: Benetti MOTION CARRIED: 4-0 Moved by Councilman Lazaneo that the City Attorney be authorized to prepare a resolution granting said variance, the Mayor and City Clerk authorized to sign; Seconded by Councilman Jewett. AYES: Councilmen: Jewett, Lazaneo, Saich, Pelosi NAYS: Councilmen: None ABSENT: Councilmen: Benetti MOTION CARRIED: 4-0 Moved by Councilman tension to file and Councilman Jewett. AYES: Councilmen: NAYS: Councilmen: ABSENT: Councilmen: MOTION CARRIED: Lazaneo that the applicant be granted an ex- record final map of Tract 2808j Seconded by Jewett, Lazaneo, Saich, Pelosi None Benetti 4-0 7. Variance hearing: Application of Charles P. Hindt to allow 6 ft. fence where ordinance allows 3 ft. Reoommended by Planning Commission Resolution 38. Councilman Jewett siad that the variance could set a precedent for other variances of a similar nature. Councilman Lazaneo agreed and moved that the hearing be postponed to April 3, 1961, so that the Council can examine the site first-hand; Seconded by Council- man Jewett, AYES: Councilmen: NAYS: Councilmen: ABSENT: Councilmen: MOTION CARRIED: Jewett, None Benetti 4-0 Lazaneo, Saich, Pelosi V ORDINANCES AND RESOLUTIONS FOR ADOPTION A. Ordinance 165: Rezoning property of George Yamaoka from A-2: B-4 to R-3-H and R-l; Lucille Avenue. Second reading. Moved by Councilman Saich that full reailing be waived by unanimous consent, reading confined to title only; Seconded by Councilman Jewett AYES: Councilmen: NAYS: Councilmen: ABSENT: Councilmen: MOTION CARRIED: Jewett, None Benetti Lf-O Lazaneo, Saich, Pelosi Ordinance 165 read by title only. Moved by Councilman Jewett that Ordinance 165 be enacted, An Ord- inance Amending Section 1 Of Ordinance 002 By Reclassifying A Certain Portion Of The City From An A-2:B-4 To An R-3-H And R-l District; Seconded by Councilman Saich. AYES: Councilmen: Jewett, Lazaneo, Saich, Pelosi NAYS: Councilmen: None ABSENT: Councilmen: Benetti MOTION CARRIED: 4-0 B. Ordinance 002D: Amending Ordinance 002 By Adding The Classift- cation "Amusement Resort Zone~1 Second reading. Moved by Councilman Saich that full reading be waived by unani- mous consent, reading confined to title only; Seconded by Coun- cilman Lazaneo. AYES: Councilmen: NAYS: Councilmen: ABSENT: Councilmen: MOTION CARRIED: 21/0 !- ~ ~ ~11111 l:!e Jewett, None Benetti 4-0 Lazaneo, Saich, Pelosi Ordinance 002D read by title only. Moved by Councilman Saich that Ordinance 002D be enacted; Seconded by Councilman Jewett. AYES: Councilmen: Jewett, Lazaneo, Saich, Pelosi NAYS: Councilmen: None ABSENT: Councilræ n: Benetti MOTION CARRIED: 4-0 C. Ordinance 168: Rezoning property of R. Giuffrida from R-3-H and R-l:B-2 to C-I-H and R-3-H. West side, N. Highway 9. Second reading. Moved by Councilman Jewett that full reading be waived mous consent, reading confined to title only; Seconded cilman Saich. AYES: Councilmen: NAYS: Councilmen: ABSENT: Councilmen: MOTION CARRIED: by unani- by Coun- Jewett, None Benetti 4-0 Lazaneo, Saich, Pelosi Ordinance 168 read by title only. Moved by Councilman Jewett that Ordinance 168 be enacted, An Ord- inance Amending Section 1 Of Ordinance 002 By Reclassifying A Certain Portion Of The City From An R-l:B-2 And R-3-H District To A C-I-H And R-3-H District; Seconded by Councilman Saich. AYES: Councilmen: Jewett, Lazaneo, Saich, Pelosi NAYS: Councilmen: None ABSENT: Councilmen: Benetti MOTION CARRIED: 4-0 D. Ordinance 170: Annexation of Certain Uninhabited Territory Designated "Bubb - 4". Second reading. Moved by Councilman Jewett that full reading be waived mous consent, reading confined to title only; Seconded man Lazaneo. AYES: Councilmen: NAYS: Councilmen: ABSENT: Councilmen: MOTION CARRIED: by unani- by Council- Jewett, None Benetti 4-0 Lazaneo, Saich, Pelosi Ordinance 170 read by title only. Moved by Councilman Saich that Ordinance 170 be enacted, An Ord- inance Approving The Annexation Of Certain Uninhabited Contiguous Territory Designated "Bubb - Lf" To The City of Cupertino In Accord- ance With The Provisions of Section 35300 Et Seq. Of The Govern- ment Code; Seconded by Councilman Jewett. AYES: Councilmen: Jewett, Lazaneo, Saich, Pelosi NAYS: Councilmen: None ABSENT: Councilmen: Benetti MOTION CARRIED: L~-O E. Ordinance 171: Rezoning property of R. Cali from R-3-H & R-l:B-2 to C-l-H; 4~ acres south side of Stevens Creek Blvd, 400 ft. west of Miller. First reading given. F. Ordinance 172: Rezoning property of Stephen Dorcich from R-3-H to C-l-H; 2 lots, northeast corner Blaney and Stevens Creek Blvd. First reading given. G. Resolution 423: Vacation of Certain 15, Tract 2527). Resolution Declaring Its Intention To Order Public Easements Within The City (lots 14, ". ·"'1 ·1 lkr' f . .Æ~' £ The City Attorney advised that a minute order be adopted termin- ating action on Resolution 423 subject tome payment of legal fees and publication costs by the builder. Moved by Councilman Jewett that the City abandon proceedings in the proposed vacation of public utility easements, lots 14 and 15, Tract 2527, subject to payment by the applicants of legal and publication fees; Seconded by Councilman Saich. AYES: Councilmen: Jewett, Lazaneo, Saich, Pelosi NAYS: Councilmen: None ABSENT: Councilmen: Benetti MOTION CARRIED: 4-0 H, Resolution 42L~: A Resolution of Intention To Initiate An Amendment To Ordinance 002 Providing For Regulations For Pro- fessional Administrative Zoning Ani Light Industrial Zoning. Rescheduled for March 22, 1961. VI PAYING BILLS A. Resolutions 425 and 426 Moved by Coucilman Saich that Resolution 425 be adopted; Second- ed by Councilman Lazaneo. AYES: Councilmert: Jewett, Lazaneo, Saich, Pelosi NAYS: Councilmen: None ABSENT: Councilmen: Benetti MOTION CARRIED: 4-0 Moved by Councilman onàed by Councilman AYES: Councilmen: NAYS: Councilmen: ABSENT: Councilmen: MOT.[ ON CARRIED: Lazaneo that Resolution 426 be adopted; Sec- Saich. Jewett, Lazaneo, Saich, Pelosi None Benetti 4-0 VII PROTESTS AND WRITTEN COMMUNICATIONS 1. Paul Ferdinandsen: Re summer recreation program. 2. Cupertino Variety Store: Re sale of fire works. The Mayor said that he would consider this a hardship case. Councilman Jewett observed that no binding contract for pur- chase of fire works would be in effect before the State Fire Marshall had issued a permit. Councilman Lazaneo agreed that fire works can't be purchased until a permit is secured from the State and consequently he could see no real hardship, Moved by Councilman Lazaneo that the City Manager contact the Variety Store relative to the possibility of hardship situa- tion caused by the ban of sale of fire works; Seconded by Coun- cilman Saich. AYES: Councilmen: NAYS: Councilmen: ABSENT: Councilmen: MOTION CARRIED: Jewett, None Benetti 4-0 Lazaneo, Saich, Pelosi 3. City Attorney Memo: El Monte vs. City of Industry, dated 3/22. 4. Consumers Cooperative Society: Telegram concerning Highway 9. Moved by Councilman and filed; Seconded AYES: Councilmen: NAYS: Councilmen: ABSENT: Councilmen: MOTION CARRIED: Lazaneo that the communications by Councilman Saich. Jewett, Lazaneo, Saich, Pelosi None Benetti 4-0 be received VIII REPORT OF OFFICERS AND COMMISSIONERS A. Report of Road Commissioner No report. B. Report of Police and Fire Chief ~ity Manager). Two fire calls - one accident reported month of February. C. Report of Recreation Commissioner 1. Moved by Councilman Lazaneo; Seconded by Councilman Jewett that Resolution 428 be adopted, appointing Edward G. Kay to serve on the City Park and Recreation Commission. "'i"I'')I :;'4iN/ ¡,..... þ"~ l~·~. . . !I.r~~;¡¡r AYES: Councilmen: NAYS: Councilmen: ABSENT: Councilmen: MOTION CARRIED: Jewett, Lazaneo, Saich, Pelosi None Benetti 4-0 ;,\¡;' D. Report of City Treasurer No further report. E. Report of Public Health and Safety Commissioner No. report. F. Report of City Manager 1. The local American Legion Post has written to the City about the sale of fire works. Moved by Councilman Lazaneo that the City Manager notify the American Legion to appear at the next Council meeting con- cerning the sale of fireworks; Seconded by Councilman Jewett. AYES: Councilmen: Jewett, Lazaneo, Saich, Pelosi NAYS: Councilmen: None ABSENT: Councilmen: Benetti MOTION CARRIED: 4-0 2. The City Manager suggested that Cupertino apply to the State Finance Department for Federal Government Funds, on a matching basis, to be used for the preparation of a mas- ter plan. Moved by Councilman Lazaneo that the City proceed with an application to the State of California for federal funds to be used for uniform planning assistance and master plan, stip- ulating the sum of $20,000.00 with the Mayor and City Clerk authorized to execute the agreement; Seconded by Councilman Jewett. AYES: Councilmen: NAYS: Councilmen: ABSENT: Councilmen: MOTION CARRIED: Jewett, None Benetti 4-0 Lazaneo, Saich, Pelosi G. Report of City Attorney 1. Moved by Councilman Saich that the claim of A. J. Peters & Son on the City of Cupertino for the sum of $910.25 be re- ferred to the City Attorney; Seconded by Councilman Jewett. AYES: Councilmen: Jewett, Lazaneo, Saich, Pelosi NAYS: Councilmen: None ABSENT: Councilmen: Benetti MOTION CARRIED: 4-0 The claim concerns Tract 1960 improvement bonds, Corte Madera Highlands LID, assessment #496A and 647A. 2. Moved by Councilman Saich that the present bond posted by Los Altos Garbage Company be terminated putting into effect a new bond corresponding to the latest contract; Seconded by Councilman Lazaneo. AYES: Councilmen: NAYS: Councilmen: ABSENT: Councilmen: MOTION CARRIED: Jewett, None Benetti 4-0 Lazaneo, Saich, Pelosi H. Report of Planning Commission (See minutes of March 13, 1961, and agenda of March 20). 1. Ripley Homes: Tentative map approved; 10 acres, east side Blaney, south side Baywood Subdivision. M. Podell, applicant, submitted a new map, moving the street on the south side of the subdivision northerly so that it does not abut the adjoining school site. The map had not been seen or approved by the Planning Commission. In answer to the Mayor's question the City Attorney stated that the Council has the option of sending the map back to the Planning Commission or approving the revised map assuming the changes co~ld be described as a minor modification. '~1"7') -J,:') ~? ~) Moved by Councilman Lazaneo that the tentative map be app- roved as revised and presented to the City Council on March 20, 1961. The City Engineer stated that the new map answers some ob- jections that the Planning Commission reaised; he felt that the Planning Commission would prefer the present map. From an engineering standpoint he said that the latter map is preferable. Seconded by Councilman Saich. AYES: Councilmen: Jewett, Lazaneo, Saich NAYS: Councilmen: Pelosi ABSENT: Councilræ n: Benetti MOTION CARRIED: 3-1 I. Report of City Engineer 1. Moved by Councilman Lazaneo that Resolution 427 be adopted, Authorizing The Execution Of An Agreement By The Mayor And City Clerk Between The City And The Greenhouse; Seconded by Councilman Jewett. AYES: Councilmen: Jewett, Lazaneo, Saich, Pelosi NAYS: Councilmen: None ABSENT: Councilmen: Benetti MOTION CARRIED: 4-0 2. Moved by Councilman Lazaneo that the City accept the icipal improvement of Tract 2341, Lynton Place; Seconded Councilman Jewett. AYES: Councilmen: NAYS: Councilmen: ABSENT: Councilmen: MOTION CARRE: mun- by Jewett, None Benetti 4-0 Lazaneo, Saich, Pelosi 3. The City Engineer reported that he appeared before the Board of Supervisors at a recent meeting and informed that body that Cupertino is in favor of the proposed flood control bond issue. The election, he said, is scheduled during the month of May. The Board of Supervisors has adopted a resolu- tion stating their intention of installing flood control im- provements in the Cupertho vicinity. IX UNFINISHED BUSINESS A. Miscellaneous 1. The Mayor reported that the newly established water com- mittee has scheduled every other Wednesday at 3:30 P.M. in the Hearing Room, 20 W. Rosa Street, San Jose. He said that the Committee will ask the support and endorsement of each of the member cities so that this new Water Committee can fell it has the confidence, in principle, of all the member cities. 2. Louis D. Segal inquired whether or not Cupertino had a representative at the recent meeting called by the Sunnyvale Planning Commission in connection with the Tri-County Council. The Mayor requested that the pertinent information be sub- mitted to the City Council, ], 3. He also requested discussion of the neighborhood plan in- volving Stelling Road at the next meeting. 4. In response to a question by the Mayor City Attorney stated that the eminent domain proceedings involving Mrs. Kerstulovich are still in litigation. Relative to Planning Commission re~- resentation on outside committees the City Attorney said there is no provision within the Planning Commission ordinances for self-instituting representation on new committees. X NEW A. BUSINESS Major City Streets City Manager reported that the County is in the process of re- building Stelling Road. This would be an advantageous time to improve the shoulder area of Stelling Road located within the City limits, about 800 ft. x 10 ft. by negotiating with the County for this improvement. B. Miscellaneous 1. The Mayor stated that the City of Cu~rtino is wholeheartedly ")1"'!4 ~:, j.. in favor of the widening and improvement of H ghway 9 but the City Council hasffi obligation to see that Cupertino cit- izens are not involved in a program that could bankrupt the Cïty treasury. He explained at considerable length the e£f- orts and steps taken by the City to support the widening of Sign Route 9. ~ ~ ("'!~ C . !,'I\'1!r.ø tTtf~ A map of Highway 9 was posted showing the road from Bollinger to a point 660 ft. beyond Homestead. Colored sections there- on indicated the areas already dedicated to the City. The Mayor pointed out that Cupertino is working diligently toward the improvement of Highway 9 by securing these dedications. Paul Mariani, Jr. observed that the City has about half of the necessary dedications along Highway 9. He added that Cupertino residents probably represent about 10% of the users of the Highway. He proposed that theCity of Cupertino secure half of the roadway acquisition and let the County provide the other half through payments. Louis D. Segal addressed the Council to say that the City of Mt. View refused to stand the extire cost of the San An- tonio overpass and that they won the point by securing the assistance of other agencies. Councilman Saich recalled that the Monte Sereno delegate to the Trafficways Committee moved to appropriate money for High- way 9 and that he provided the second as Cupertino delegate. The motion was defeated, however, The City Manager referred to a recent Highway meeting held by the Board of Supervisors and read excerpts from notes showing that Supervisor Hubbard called Highway 9 the most important road in the County. The City Council was in receipt of an agreement on HighwaY9, as of 7:00 P.M. this date. rather than jeopordize any tion that the City Manager ing a meeting between City may further passage of the Councilman Lazaneosaid that vote in the coming road bond elec- should contact the County concern- and County in order that Cupertino bond issue. Moved by Councilman Lazaneo that the City Manager contact the County for a meeting between County and City so as to discuss the March 28 bond issue and the hereinabove mention- ed agreement; Seconded by Councilman Jewett. AYES: Councilmen: Jewett, Lazaneo, Saich, Pelosi NAYS: Councilmen: None ABSENT: Councilmen: Benetti MOTION CARRIED: 4-0 Councilman Saich said that additional publicity would help to get a favorable vote. Paul Mariani reminded that a 2/3 majority is required for passage of general obligation bonds. XI ORAL COMMUNICATIONS Harold Randsberg, Whitecliff Realty, expressed agreement with the necessity for passage of the road bond issue. XII ADJOURNMENT Moved by Councilman Lazaneo that the meeting be adjourned to Wednesday, March 22, 7:30 P.M.; Seconded by Councilman Jewett. AYES: Councilman: Jewett, Lazaneo, Saich, Pelosi NAYS: Councilmen: None ABSENT: Councilmen: Benetti MOTION CARRIED: 4-0 Meeting adjourned at 11:18 P.M" Monday, March 20, 1961 APPROVED: :yTEST: (" ~. C&-t:: ~~ ~ (~,