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CC 06-05-61 B24 Place: Time: C I T Y 0 F CUP E R TIN 0 CUPERTINO, CALIFORNIA MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL - JUNE 5, 1961 10321 So. Saratoga-Sunnyvale Road 8: 00 P ,M. SALUTE TO THE FLAG AL 2-4505 ¡.. H o ""'"' tJ:i P. O. BOX 597 I Lazaneo, Benetti, Jewett, Pelosi, Saich None City Manager, City Attorney, City Engineer, City Clerk III MINUTES OF THE PREVIOUS MEETINGS: May 15, 18, 1961 Minute~ of May 15: page 3, last paragraph - change 30% to 70%; page 4, 3rd paragraph, last sentence - add the word "not"; page 2, 4th para- graph - add "since the application is premature and also due to the impending hiring of a planning consultant". II ROLL CALL Councilmen Present: Councllmen Absent: Staff Present: Moved by Councilman Benetti that the minûtes of May 15 and 18 be app- roved as corrected; Seconded by Counoilman Pelosl. AYES: Councilmen: Benettl, Jewett, Pelosi, Saich, Lazaneo NAYS: Councilmen: None ABSENT: Councilmen: None MOTION CARRIED: 5-0 IV ORAL COMMUNICATIONS County Counsel: AB 2048 County Counsel not present see VI A. Councilman Pelosi referred to the County Trafficways Committee and asked if it is not a fact that the City of Cupertino is on record with that body as being in favor of the principles stated in AB 2048, Councilman Saich and the City Attorney agreed that this is probably the case but that Resolution Lf47 requires further endorsement if the City is to be on record with the State Legislature as being in favor of Assembly Bill 2048, Participation in the County Trafficways Committee does not of itself cause the City to relinquish any jurisdiction over any City streets, said the City Attorney. Moved by Councilman Saich that Resolution 447 be adopted with the elim- ination of the phrase "and city streets" whereever it appears in the Resolution; Seconded by Councllman Benetti, AYES: Councilmen: Benetti, Jewett, Pelosi, Saich, Lazaneo NAYS: Councilmen: None ABSENT: Councilmen: None MOTION CARRIED: 5-0 V PUBLIC HEARINGS 1, Paul Mariani, Jr, et al: Application to rezone 64,5 acres from A-2:B-4, R-3-H, & R-l:B-2 to C-l-H. 13,5 acres NE corner Mariani & Highway 9; 29,5 acres SE corner Mariani & Highway 9; 11.5 acres NW cor- ner of Highway 9 & Mariani; 10 acres west side of Highway 9, 329 ft, south of Homestead Rd, Denied by Planning Commission Resolution 53. Appeal. The Mayor read Planning Commission Resolution 53. He called for the applicant to address the City Council, The applicant was not present, Moved by Councilman Jewett that the application be continued to June 19 and the applicant notified of the new date, Councilman Benetti maintained that it has been Council procedure to remove the item from the agenda if the applicant is not present and even to deny the application. Councilman Pelosi took the position that such a procedure has not been adhered to strictly and that allowance has usually be made for lateness or absence due to good cause. He proposed that the matter be postponed later in the evening or, if necessary, to the next meeting, -1- 921~ U V' CounCilman Benetti BecondQñ C0~mcLlman Jewett's motion, Councilman Pelo& contended that this procedure must now be followed in every other case, AYES: Councilmen: NAYS: Councilmen: ABSENT: Councilmen: MOTION CARRIED: Benetti, Jewett, Saich, Lazaneo Pelosi None 4-1 2, Louis A, Paganini: Applicatlon to rezone Paganini frontage to a depth of 500 ft. from R-3-H & R-l:B-2 to C-l-H; south side of'Stevens Creek Blvd, between Blaney & East Estates. Recommended by Planning Commission Resolution 51. ' Arnold Berwig represented Paganini, He referred to the long involved series of hearings. He said the applicant is satisfled with the ex- isting recommendation of the Planning Commission and hoped 'chat the application as amended could be acted upon by the City Council. Gary Stolces reviewed the position of the Idlewild Subdi vi sion concern- ing the application referring to the petitlons and correspondance, He said that his subdivision has been opposed to the rezoning except for the first 400 ft, He added, however, they, were not complek'\y opposed to 500 ft, rezoning. Nick Kuhn pointed out that the initial motion (April 24, 1961) was for a rezoning to a depth of h50 ft, and was later amended to 500, Councilman Saich porposed that the application be held over until the new planning consultant has a chance to consider it, especially in view of the remainder of the property to the south which will be pre~ent8d to the City in the form of a new application. Councilman Benetti suggested that the application be sent ba.::lc down to the Planning Commission in order to get a good recommendation on the entire Paganini property rather than deciding on the portion presented tonight. Mr, Berwig maintained that there has been no serious objectio~ to the C-l-H to a depth of 500 ft.; he agreed that the balance of the proper- ty needs more thought, Councilman Jewett asked the applicant if he wanted an answer tonight, to which the response was a qualified yes, He also asked the ,City Attorney whether the applicant can reapply within one year if 'the app- lication, is denied to which Mr, Anderson replied that there is no one year waiting clause in the Cupertino Ordinance but that it al¡owB an appl1cant to reapply Within a reasonable time. He added that thern. ing fee and preparation of new paþer8 aets to prevent a~plieation$ which pr~aent no new material. Councilman Jewett asked Mr. Berwig further whether he preferred a con- tinuation of a decision. Mr, Berwig said that he would prefer a con- tinuation if the Councilman's question should be interpreted as imply- ing that he would be likely to get a denial. Councilman Pelosi observed that in the long series of hearings the matter has never been before the City Council prior to this date and that the hearings are sCheduled for the purpose of hOlding public dis- cussion and deliberation. He said the road pattern has never been dis- cussed before the City Council nor the depth of commercial nor the ul- timate zoning for the balance of the property, and he could not render a vote without some discussion on the matter.' Mr, Berwig said he would rather continue the hearing if discussion was needed, Moved by Councilman Benetti that the hearing be closed, No second; motion lapses. Moved by Councilman Pelosi that the application be tabled for 2 weeks; Seconded by Councilman Jewett. AYES: Councilmen: Benetti, Jewett, Pelosi, Saich, Lazaneo NAYS: Councilmen: None ABSENT: Councilmen: None MOTION CARRIED: 5-0 -2- 326 ~ i-3 ~ ~ The Mayor advised thezpplicant to submit any new information to the ~ City Manager, 3. Annexation Hearing: Stevens Creek #10: Lot 96, Mann Cr~ft Manor, Mann Drive. Ordinance 179. The City Clerk reported that no prote~ts have been submitted. First reading was g1 ven to Ordinance 179, An Ordinance ApproVing The :. I \! . Annexation Of Certain Contiguous Uninhabited Territory, Designated "Stevena Creek ~lO" To The City of Cupertino In Accorda.nce With The Provisions Of Section 35300 Et Seq. Of The aover~t Code of The State Of California. VI ORDINANCES ~ ~~UTIqN9 F9R A,DOPT¡O~ A. Reso),ution 4.J:J:7': ~rIil1I:16 fl.'!? 2G4ß~lat'.Ì11ß'fo ~a,t¡\l1shing County Highways Within Cities ~nd Rêquesttng ~e &tate Legislature And æhe Governor Of The State of Ca~ifo.t'Dia,'I'o Enact $a1d ~11 Into law. See r/ above. B. Ref olut1on 455:. 0ivit1g Notieé of' Proposed Uninhabited A1'1nexation, Dèði~ted StevenS Creek #11. tlfo'V'ed 1W. Councilman Benetti that Reeolut1on 455 be., ad.o¡;t ed, A Resolu- tion Ot '1'be ~1l Of The City ot'Oupertino (hV:l.ng Notice Of The Pro- posed ~t1on Of Certain Uninhabited Territory To Said City, De- acribir¡g Said Territory And :Þ'èsignð.ti.ng It By The Name 113tevens Cree.k~ 11", Ma;IÜng Certain F1ndingfi ßespeot.tng Said Proposal: And Giving Nö- t;¡.ce O( Time And Place Said Council Will Hear Protests Thereto; Sec- onded by Councilman Saleh. AYES: Councilmen: Benetti, Jewett, Pelosi, Salch, Lakaneo NAYS: Councilmen: None ABSENT: Councilmen: None MOTION CARRIED: 5-0 C. Ord1nance 178: :Rezoning property et Inn B1l1ch from R~1.B-2 to R~3-Hj ;1ots 43 &I 44, north ot atevene <:1Ieek Blvd. west of' Wheaton Drive, between Blaney i: Portal, F1l'øt ~a. CouncilfhU1 aenetu stated that be ~ J'ì,ot i'fi1J. th1s 1S the t1111è to hold a reàdlfig ê1nce the planning consultant is soon to be hired, He so moveçl, The Mayor as!çed the appl,1cfmt whether a street pattern is available. Jerry fitqemld ànswered: that ti'llt app,l1cant is willing to abide by the stl'eetpattern shOwn 1n the City Ne1ghoorhOOd Plan. COUl\tI4i:\man Bènt?1;t~ said th$t I;ijI +~ opposed to the applieat10n but tn. .; he is 1'f.ill1ng to wait tot' the tieWplanning consultant t.tI give ñ1¡;¡ opinlotl. Councilman Benetti withdrew the motion. F1rst reading given to Ordinance 178, An Ord1na.neè Of 'fte Oityot Cup- ertino 'Amending Section 1 or Ordinance No. 2 By. Reclassifying A Cer~ taln Pqrt10n Of The City .of Cupertino From An R~1::S-2 District To An R-3-H ~strict, ' D. Moved by Councilman Pelosi that the City Manaßer be autharlzed to prepare a Resolution endo~sing AD 1294; Second~~ by Councilman Jewett. AYES: Councilmen: Benetti, Jewett, Pelosi, Saich, Lazaneo NAYS: Councilmen: None ABSENT: Councilmen: None MOTION CARRIED: 5-0 VII PAYING BILLS A. Resolutions 453 and 454 Moved by Councilman Saich that Resolution 453 be ado~edj Seconded by Councilma.n Benetti. AYES: . Councilmen: Benetti, Jewett, Pelosi, Saich, Lazaneo NAYS: Councilmen:;None ABSENT: Councilmen: None MOTION CARRIED: 5-0 -3- 32ft Moved by Councilman Council¢an Benetti, AYES: ,Councilmen: NAYS: Councilmen: ABSENT: Councilmen: MOTION (JARRIED: Saich that Resolution 454 be ado~ed; Seconded by Benetti, Jewett, Pelosi, Saich, Lazaneo None None 5-0 VIII PROTESTS AND WRITTEN COMMUNICATIONS Page Properties: Request to alter variance granted £or front set-backs Page Properties I letter was read. Robert Reese represented the applicant and stated the buyers and poten·· tial buyers have not always selected the lots which were granted vari- ances in April; therefore, they ask for flexib~lity to allow them to meet the demands of prospective owners, The map was posted and the lots granted variances marked in red. The map showed that not more than 2 houses with 15 ft. set-backs were lo- cated side by side, Councilman Jewett said that he voted for the orig- inal variance in order to achieve variety in the subdivision and a change might result in the situation they were trying to avoid, namely uniform monotonous appearance in the situation of the houses. If sev- eral such variances were located all in a row, it would not beautify the street and he is opposed to that, Mr. Reese referred to Ordinance 163, which was enacted subsequent to the variance in question and said that the ordinance provides that half of all the lots in the subdivision may employ a 15 ft, set-back assum- ing the driveway is curved and gets the car off the street, Councilman Benetti noted that the variance wa~ granted prior to the enactment of Ordinance 163 and therefore this ordinance is not pertin- ent. Mr. Reese maintained that the interest of the subdivider corres- ponds to the interest of the City and there would be no doubt that the subdivision would be a credit to the City, and pleasing in every aspect, He said that the front yards are 18% larger than the Ordinance requires; the average front set-back in the entire subdivision being 23 ft, Councilman Benetti said that the matter must be resolved in one precise way or another so that the short set-backs are distributed throughtout the subdivision and no more than 2 located side by side. Councilman Pelosi said he would be in favor of the Page Pro:¡:e rties I request if the same balance is leept throughtout the subdivision. He also said that the builder has worked clœely with the City ~nd he is in favor of giving the builder such flexibility as would enh~nce the subdivision and City as a whole. . The Maypr noted that there is nothing in Ordinance 163 to prevent the builder from placing the 15 ft. set-backs all in a row, Councilman Pelosi proposed that the City Council review Ordinance 163. Moved by Councilman Jewett alter the variance granted more than tw6 15 ft. front uated side by side. that the Council allow Page Properties to April 3, 1961, with the stipulation that no set-backs (with curved driveways) be sit- The Mayor said that he is willing to allow the Building Department and City Manager to oversee the placement of the buildings; however, he is also willing to let the Council settle the matter themselves. Motion of Councilman AYES: Councilmen: NAYS: Councilmen: ABSENT: Councilmen: MOTION CARRIED: Jewett seconded by Councilman Benetti, Benetti, Jewett, Pelosi, Saieh Lazare 0 None 4-1 Councilman Pelosie reiterated that he feels the builder is trying to work with the City and he propœed that the applicant be allowed to discuss the situation further on June 9. The City Council agreed to the applicant's privilage to be present (Friday, June 9, at 8:30 P.M,), 1. Donald Frolich: application for seat on Planning Commission, -4- .:)')8 i)... /-l ~ ,..... ,-, i- 2. Gary G. Stokes: Application for seat on Planning Commission. ~ 3, Rob~rt Michaelson: Application for seat on Planning Co~issìon. 4. Don Banàley for Bubb Ranch Assoc.: Appealing decision of the Plan- ning Commission in denying application to rezone 6 acres to C-l-H, Moved by COlli.cl1man the City Council on AYES: .. Councilmen: NAYS: Councilmen.: ABSENT: Councllmen: MOTION CARRIED: Pelosi that the appeal be set for hearing June 19; Seconded by Councilman Jewett, Benetti, Jewett, Pelosi, Salch, Lazaneo None None 5-Q before 5. Ro)¡¡~rt Podesta I 1ette:r req.ueat1t11i1 l'~ß,Qlutio!'l of enðol'$ernent in support of an FfI! rad10 sta.tion tQ be located 1n Santa Clara. Moved by Councilman Pelosi that' thè City Manager be authorized to pre- pare a resolut1on of endorsement a.nó the Mayor and C:t ty Clerk author- ized to sign; Seconded by Councilman S'aich. AYES: . Councilmen: Benetti, Jewett, Pelosi. Se.iah, Lazaneo NAYS: Councilmen: None ABSENT: Councilmen: None MOTION CARRIED: 5-0 Moved by Councilman Benett1 that the C'Ommun1c.at1Qna be. reoei voo. ¡;¡oo filM; Seconded by Councilman Saic.h. AYES: Councilmen: Benetti, Jewett. telos!, Saich, Lazaneo NAYS: Councilmen: None ABSENT: Councilmen: None MOTION CARRIED: 5-0 IX RE~ORT OF OFFICER3 AND COMMISSIONERS A. Rep¡;>t't of' City TreàSUrel" No report . B. Report of City Engineer 1. Highway 9 Right Of Way Map. Postponed to Friday. June 9. 2. Neighborhood Plan, Postponed to Friday. June 9. 3. Savio-TholllU Mght or Way Þecu.oaUcm. Moved by CounCllman Saioh that Reso1ut1øn 456. Be1ag A Resolu- tion Of The City or Cupertino Acoepting Dedication Of Re~l Prop- ert;?' From Mark E. And Helen C. 'l'bomas And A1:do P. And Ibth M. Sav1Ç> be àdopted; Seconded by Councilman Jewett. AYE$: Councilmen: Benetti, Jewett, Pelosi, Sa1ch. Lazaneo NAY$: Councilmen: None ABSENT: Councilmen: None MOTION CARRIED: 5-0 4. Moved by Çounc1lman Saleh that Reß01utiOQ 457. Be1.ng A Resolu- tion Of The C"'ty Of CUpertinO Ae~ept1ng DelUøat;ion Of Real Proper- ty From John 3. And Jolene L, Ma.rdesich be adopted¡ Seconded by Councilman Benetti. AYES: Councilmen: NAY$: Councilmen: ABSENT: Councilmen: MOT;tON CARRIED: Benett:1., None None 5-0 Jewett, Pelosi, Saich, Lazaneo 5. Moved by Councilman Jewett that Resolution 458 be adopted, Be- ing'A Resolution Of The City or Cupertino Accepting Dedication Of Real Property From Nick J. And Barbara Mardesich; Seconded by Coun- cll¡nan Pelosi. AYEß: Councilmen: NAYS: Councilmen: ABSENT: Councilmen: MOTION CARRIED: Benetti, Jewett, Pelosi, Saich, Lazaneo None None 5-0 6. The Mayor said that the letter from Sidney R. Mitchell conoern- ing a 27 acre parcel owned by Griffith, Weet & Anderson should be answered. Moved by Councilman Benetti that the Griffith letter along with the standard specifications should be referred to the Planning Com- mission; Seconded by Councilman Jewett. -5- 329 AYES: Councilmen: NAYS: Councilmen: ABSENT: Councilmen: MOT¡ON CARRIED: Benetti, Jewett, Pelosi, Saich, Lazaneo None None 5-0 7. City Engineer reported on a cOmmunication from the State con- cerning the flood relief agreements of the City. He was advised to turn over the report to the City Manager. C, Report of City Attorney Given during study session prior to meeting, D. Report of Planning Commission See minutes of May 22 and 29, 1961, E. Architectural & Site Control applications Rescheduled for June 19, all applicants to be notified, Councilman Benetti referred to the minutes of the Architectural Control Committee, May 24, item VI A, He asked whether the City adrninistrati ve is authorized to approve the landscaping in the parle- ingarea and around the building. On clarification he said he would like the minutes to show that the type of planting is to be approved by the City rather than the location and extent of land- scaping. The,architect representing Margaret Livingston asked the Council to act on their architectural application, Upon consideration of the elevations submitted by the applicant, Councilman Benetti moved approval of the Livingston application, lot 15 only; Seconded by Councilman Saich. AYES: Councilmen: NAYS: Councilmen: ABSENT: Councilmen: MOTION CARRIED: Benetti, None None 5-0 Jewett, Pelooi, Saich, Lazaneo Lot 16 was referred to the next meeting of the Architectural Com- mittee, June 7, with the Council due to consider the application on June 9, The applicants agreed to relocate the hydrant which the plans show to be in the middle of a common driveway, The applicant also stated that adequate driveway would be provided. *********************************************************** Paul Finch: Requested that the City Council appropriate funds for a twi- light recrhation program in the amount of $2,000,00. The Mayor said that he is inclined to support such a recreation program. Councilman Pelosi stated that he would like to have specific information from the Recreation Committee in order to understand the actual program that they plan. Mr, Finch agreed that this would be proper and said that the Committee will furnish such a schedule with the qualification that the exact program will depend on the demand. Mr. Finch said that they also have a proposal from the National Little League seeking $1500,00 from the City to be used for the construction of a Little League baseball parle. He asked whether the City could appropri- ate funds for this purpose inasmuch as the City would not have any control over the baseball field, The City Manager stated that this would not be proper and would amount to a gift of public funds inasmuch as there would be no agreement to provide the City with control over the ultimate use of the funds nor guarantee of corresponding benefit, *********************************************************** X UNFINISHED BUSINESS A. County Water Commission Councilman Pelosi reported that discussion at the last meeting centered around the subject of the cities signing a contract with Retch Hetchy and the ramifications of this for the future water situation in the County, Representation of 16 cities is still being discussed, -6- 330 ~ ~ ~ .. B, Northwestern Enterprises; H Control, Miller Avenue; continued. ~ Applicant not p~$ent. Continued to June 19, C. Miscellaneous The Mayor suggested that he resign his position on the Architect· ural Control Comm1ttée and Councilman Peloai.fill the vacancy. Moved by Councilman Jewett that Councilman Pelosi be appointed to the Architectural Control Comm1ttee to till the vacancy created by the res- ignation of the Mayor; Seconded by Councilman Benetti. AYES: Councilmen: Benetti, Jewett, Baich, Lazaneo NAYS: Councilmen: None ABSENT: Councilmen: None ABSTAIN: Councilmen: Pelosi MOTION CARRIED: 4-0 XI NEW BUSINESS A. Miscellaneoue 1. Mr. Marian1 addressed the Counqil to say that he feels the City is faced With an emergency oaused mainly by the narrow tax base and the consequent shortage ot City revenue. He ret'erred to the method employed by another jurisdiction seeking to attraot investment cap- ital and said that Cupertino might do well to expedite its own studies and take meane to seoure new industrial and commercial dev- elopment. He emphas1ze4 the neOasø1ty tor spe04 in order to meet the great compet1on tor business. He further aa1d that zoning 1s the first step 1n making known the t'act that CtJpertino wants new business and 113 the first step in attracting development. The Mayor said that a con5u1ting firm will be hired in the very near future, the applicants being narrowed to 3. Louis D. Segal agreed that the City should take great pains to study the land and zoning situation but urged precautionary steps and advised against haste in view of the fact that a planning con- sultant is about to be retained. 2. Councilman Benetti asked about the increase in garbage collec· t10n rate to the Mayfair Market. 3. Councilman Pelosi asked about the ordinance presoribing the order of business on the Council agenda. The Mayor said that he would check on this matter. 4, Councilman Pelosi aJ.a:¡ proposed that Ordinance 163 be checked for further cons1derat~on by the City Council. XII ADJOURNJt ENT Meetingatjourned at 11:10 P.M. to June 9. Friday at 7:30 P.M. APPROVED: ~I N1ck J. Iazaneo yor, C1ty of Cupertino ATTEST: í .\~. I .~ ¡ ( .'... '. H l (, V;---- . , '.'.~"" City Clerk -7-