The URL can be used to link to this page

CC 02-15-65C IT Y 0 t C U PERT I N O T 'California 10321 So. Saratoga -Sunnyvale Road (City Hall) Cupertino, California, 95014 ph: 252-4505 MINUTES OF THE REGULAR MEETING OF THE, CITY COUNCIL - February 15, 1965 PLACE: Board Room, Cupertino School District Office 10300 Vista Drive, Cupertino, California TIME: 8:00 P.M. Mayor Finch announced that this is "Students in Government Week", spon- sored by the Cupertino JC's. He introduced Student Mayor Lance Martin who, in turn, introduced Councilwomen and Councilmen Linda Rothchild, Kit Lauer, Sue Scoville, Rich Mika. Student City Manager Dick Posey introduced Student City Clerk Linda Stephens, Student City Attorney Ed Bowen, and Student City Engineer Scott Erickson. The students then took over the first portion of the Council meeting. I SALUTE TO THE FLAG -- Led by Student Mayor Lance Martin. II ROLL CALL -- by Student City Clerk Linda Stephens Councilmen present: Fitzgerald, Noel, Stokes, Finch Councilmen absent: Dempster Staff present: City Manager, Phil Storm City Clerk, Larry Martin City Attorney, Sam Anderson Assistant City Engineer, Robert Shook Chief Bldg Inspector, Bill Benevich Recreation Director, John Parham Recording Secretary, Lois Inwards III MINUTES OF THE PP-EVIOUS MEETINGS - Feb. 1 & 8, 1965 This was moved down on this evening's agenda. IV WRITTEN COMMUNICATIONS A The Student City Clerk read a letter from Ad Art Company, asking to appeal the Planning Commission denial of application 1-v-65. Moved and seconded that the written communications be received and filed. Motion carried, 5-0 Recreation Director John Parham then thanked the City Council, the City Manager, and his staff, on behalf of the Cupertino JC 's and Mr. Don Marks, Dean of Boys at Homestead High School, l' for their assistance during Students in Government Week." They had their election of officers, a panel for discussion of city government, a tour of the city hall and handled some of the proceedings at this Council meeting. The program has .developed a greater awareness of city government by the students. -1- M N Mayor F .r:lch then thanked the JC Is, the Studer:;; Government, and Mr. Marks. The students then ret.zrned to the audience to ob- serve the remainder of the Council meeting. III MINUTES OF THE PREVIOUS MEETINGS - Feb. 1 & 3, 1965. Councilman Stokes had a correction to the Minutes of Feb. 1, 1965. Page 10, second paragraph: the word "paid" should be "repaid." Moved by Councilman Stokes, seconded by C.cuncilman Fitzgerald, to approve as corrected, the Minutes of Feb. 1, 1965. Motion carr..ed, 4-0 Moved by Councilman Stokes, seconded by Councilman Fitzgerald, to approve the Minutes of February 8, 1965. Motion carried, 3- 0 (Councilman Noel abstained because he was not present at that meeting.) IV ORAL COMMUNICATIONS A Mr. Pete Camarda, 10191 Blaney Avenue, Cupertino, said he has lived in Cupertino all his life and feels that the City Staff is not working in the best interests of Cupertino citizens. He went into detail of events that have taken place since he moved a home onto his property in Cupertino. He said he got his permit to move this house down from the hills and the City agreed to do the engineering for $200. Today he was told he must pay for the storm drains in addition to curbs, gutters and sidewalks and street improvements along the front of his property. Councilman Noel asked how this $200 figure was arrived at. Mayor Finch said that on May 20, 1963, the City Council adopted a Resolution setting a $200 minimum for engineering. Assistant City Engineer Shook said storm drainage fees are normally $780 per acre. Mr. Camarda said he recently planted fruit trees in the back of this property and wonders if that land should be included in figuring this. The Assistant City Engineer said the survey crews have been out and on the site three times to set stakes for the curb, gutter and street grade, plus office time. As of last Friday, there had been some $90 in wages logged against this application. These are the conditions imposed on all improvement projects. Councilman Noel said he would like to look into this further and have it on the agenda for the next regular meeting. Mr. Camarda said, "Let's make it a little easier for people to build here in Cupertino." He said the reason he was at this meeting was that maybe he can make 'it a little easier for the next fellow who wants to build his own home in Cupertino. Councilman.Stokes said he would also like to get more informa- tion on this situation.. Mr. Camarda was asked if this delay would impose a hardship on him. He said that it would not. -2 - Moved b-\ Counci.I ran Stokes, seconded by Cou:i... ,_.'iman �:vice1, to postpone action on this until March 1st. Motion carried, 4-0 WRITTEN COMMUNICATIONS: A Moved by Councilman Stokes, seconded by Councilman Fitzgerald, that the Uenaka sign variance appeal by Ad Art, application 1-v-65, is to be placed on the agenda for the next regular meeting. Motiol carried, 4-0 B Notice of the February 26th meeting of the Association of Bay Area Governments. C Letter from Mr. Harold Hornby, relative to application 22-Z-64. He said he was not notified of this action and he is opposed to it. Moved by Councilman Stokes, seconded by Councilman Noel, to instruct the City Manager to write Mr. Hornby a letter out- lining Cupertino's posting procedures and telling him that this was done for application 22-Z-64. D Letter from State Senator Clark Bradley, urging the City Council to write to Sen. Kuchel, Sen. Murphy, Congressman Gubser and Congressman Edwards to ask them to support a Constitutional Amendment over -ruling the majority opinion of the Supreme Court regarding Reapportionment. E Letter from Bank of America, asking the City Council to execute the Agreement to provide for "destruction" rather than "cremation" of coupons and bonds in compliance with Government Code Sections 53920 and 53921. So moved, by Councilman Noel, seconded by Councilman Fitzgerald. Motion carried, 4-0 F Letter from Mr. Louis Stocklemeier and Mrs. Mabel Noonen, -requesting the City's donation of $300 for financial assistance to be used for expenses incurred in the interest of the dedication of the bronze plaque. The City Attorney could see no objections to this as long as this does not exceed the limit of money allocated for this type of thing. Moved by Councilman Stokes, seconded by Councilman Fitzgerald, .to direct this Committee to prepare a budget for review by the City Council. Motion carried, 4-0 Moved'by`Councilman Noel, seconded by Councilman Stokes, that the Written Communications be received and filed. Motion carried, 4-0 -3 - rm V A. REPORT OF THE PLANNING COMMISSION (See Minutes of 2/8/65 ) 1. Application of Angel Diaz, No. 21-•Z-64 to rezone from R-3-II to C-1-H was al.:r_;_-oved with the 12 standard conditions and 13. Any dedica, ,ions aTid improvements rcc;ui.red by the City Staff in conjunct -ion with Ste,c ens Creek D1vd . , and 14.. A 60' front yard set back, to align it with existing adjacent business. Comm. Johnson said this decision was eased on the fact that this location is unsuitable for residentiall and that commercial would be the obvious use. 2. Denial of application 13-U-64 for a veterinarian clinic and laboratory was based on the review of other ordinances in the County in situations like this and that it would be detrimental to the health, comfort and general welfare of the people in this area. This is adjacent to Cupertino's Town Center. 3. Application 22-Z-64, for the Franklin -Windsor Development Co., was denied on the basis that it would be spot zoning, it would mean there would be. a parking lot adjacent to R-1, and it would increase already bad traffic conditions. 4. After much discussion, the Planning Commission voted 6_0 to instruct the City Staff to draft a letter to the ABC, making note of the Planning Commission's objections to a cocktail bar in a. neighborhood shopping center. Councilman Stokes asked if this ,was within the limitations of the present zoning. The City Attorney said that it was. The County permits it. San Jose permits it. Moved by Councilman Stokes, seconded by Councilman Fitzgerald, that, in view of the fact that this has already been heard by the ABC, the Council is not in favror of having this letter written. He further moved that if the Planning Commission feels they would like to '.Lave some kind of regulatory powers over bars in the City they should work this out with the City Attorney. Motion carried, 4-0 B REPORT OF THE ARCHITECTURAL AND SITE APPROVAL COMMISSION (See Minutes. of 2/9/65) 1. Chairman Small stated that his H-Control Commission is going to have a study session this Tuesday for the purpose of drafting a new H-Control Ordinance. 2. The H-Control Commission has rescinded two applications, 108-HC-63 (Stewart Moldaw) and 79-HC-63 (Gagliasso/Stocklemeier / McCarthy) because they have exceeded the one-year time limit. Mayor Finch asked if this has been checked out with the City Attorney. He learned that it had. _4 Councilman Stokes felt that perhaps 'the Council should do some serious studying of interim zoning ordinances. The fact that the City now has a large amount of undeveloped R-3 is an indication that the Idea of interim zoning has some merit. Councilman Fitzgerald asked what grounds we would have to take away the zoning from someone who has had his zoning for several years. The City Attorney's opinion was when the property owner has expended capital the zoning should remain. Councilman Noel asked if there is a renewal charge. The City Attorney advised that we should have the power to renew if the applicant comes before the Council and asks for it before his application expires. Moved by Councilman Stokes, seconded by Councilman Noel, that a note be sent to the Planning Commission to look into the possibility of interim zoning and its pros and cons in regard to Cupertino. Motion carried, 4-0 VI PUBLIC HEARINGS A ANGEL DIAZ: Application 21-Z-64 for rezoning from R-3-H to C -1-H; one-fourth of an acre, approximately; north side of Stevens Creek Blvd., 408' west of Vista Drive. Approved by Planning Commission Resolution No. 240, Jan. 25, 1965. Mr. Richard Faust, 2409 Fair Oak Court, San Jose, represented the applicant. He said they feel this property is too small for R-3-H. Their plan is to continue the commercial in con- formance with the existing auto parts store next door. Park - will be in the front and underneath.the.building. They feel the whole area should be developed in a homogeneous manner. They will maintain the 60' set back established by the auto parts store. They plan to have office -type stores; e.g., real estate, title company, etc. Mayor Finch asked for comments from the audience. There were none. Moved by Councilman Noel, seconded by Councilman Stokes, to close the Public Hearings. AYES: Councilmen Fitzgerald, Noel, Stokes, Finch NOES: None ABSENT: Councilman Dempster Motion carried, 470 Moved by Councilman Noel, seconded by Councilman Stokes, to approve application 21-Z-64, rezoning 1/4 acre, approx., north side of Stevens Creek Blvd., 408' west of Vista Drive, from R-3-H to C-1-H. AYES: Councilmen Fitzgerald, Noel, Stokes, Finch NOES: None ABSENT: Councilman Dempster Motion carried, 4-0 -5 - The City Clerk gave the first reading of Ordinance 302. B THOMPSON & ASSOCIATES, INC.: Appeal re: application 13-U-64 to grant a Use Permit for a Veterinary Clinic & Laboratory, 20432 Silverado Ave.; C-1-H Zone. Denied by Planning Commission Resolution No. 239, Jan. 25, 1965. • WI Attorney John J. Hayes, Jr., 40 N. First Street, San Jose, represented the applicant. He gave a resume of the pro- ceedings at the Planning Commission level.. He explained that this is a veterinary clinic not a hospital and he went on to explain the difference. There would absolutely be no facilities for overnight care. There is a back entrance. It was the opinion of Attorney Hayes that no.Use Permit was even required in this case. The surrounding area is C-1-H. He asked if the Planning Commission would have the right to deny this application if this were professional zoning. Attorney Hayes said there is a poodle grooming situation in this same type of zoning at Blaney and Stevens Creek Blvd. He does not see why this type of an operation should be placed in an idustrial location. He invited any questions the Council might have in regard to this type of situation versus a veterinary hospital. Mayor Finch asked for comments from the audience. There were none. Councilman Fitzgerald said he had a phone call indicating that Dr. Thompson has an ad in the classified section of the phone book for this clinic under 'Veterinary Hospitals." Dr. Thompson said the classified section of the phone book has no veterinary clinic designation so there was no alternative but to list it there. Councilman Noel asked whether there would be grooming of animals here. Answer was in the negative. Councilman Fitzgerald said he was inclined to agree with the Planning Commission's decision in this case. When these facilities were built it was under C-1-H. The -City allowed him to build under C-1-H with the provision that nothing but professional people would be in here. A beauty shop had to apply for a Use Permit to operate here. Councilman Noel said he was aware that we could use another vet, in this area, but he is not convinced that this is the place to have him, next to the Town Center. The other offices will contain a dental lab, a real estate office, a title company and a beauty parlor. A veterinary clinic would not be compatible. Councilman Stokes asked what his office hours would be-. He was told it would be from 9 A.M. to 5 P.M. And there is a walkway to the rear entrance. . M Mayor Finch asked the opinion of the City Attorney about the statement by the applicant's attorney that this, type of operation does not call for a Use Permit. The City Attorney said the County puts this.type of operation,in.a C-2 District and requires a Use Permit. We do not have C-2 zoning. This is a new, innovation. This is the.first time this distinction has come before"this city. There is no way to police this thing to see.whether or not animals are kept overnight. The County'Ordinance is based on the,noise,factor. No goods or products are involved here. Attorney Hayes asked what the difference.is between an animal grooming parlor and a veterinary clinic. The City Attorney said he assumed it would be the same difference as between a barber shop and a doctor's office.. it' was the opinion of the City Attorney that we would need an Ordinance Amendment to accept this. Moved by Councilman Fitzgerald, seconded by Councilman Noel, to close the Public Hearing. AYES: Councilmen Fitzgerald, Noel, Stokes, Finch NOES: None ABSENT: Councilman Dempster Motion carried, 4-0 Moved by Councilman Fitzgerald, seconded by Councilman Noel, that the appeal for application 13-U-64 be denied, based on the fact that it would be so.near the Town Center. They are not against t-his type of operation; :only that it should not be in this location. AYES: Councilmen Fitzgerald, Noel, Finch NOES Councilman Stokes ABSENT: Councilman Dempster Motion carried, 3-1... C FRANKLIN-WINDSOR.DEVELOPTUENT CO.: Appeal re.: Application 22-Z-64 for rezoning from R-1 to PO-H; Lot 1, T.ract 2551, NW corner Bollinger & Clifden. Denied by Planning Commission Resolution No. 241, Jan. 25, 1965. Mr. Donald Franklin, 1615 Ronald Court., San Jose,.asked for ..a.postponement based on the fact that he just learned, on the way over to the meeting, that there was a petition with about ;100 names on it, objecting to this rezoning and he felt that ...the way the petition was written was misleading. He wanted .the. opportunity to meet with these homeowners to explain PO-H zoning to them and also to listen to their views. Moved by Councilman Stokes, seconded by Councilman Noel, to postpone application 22=Z-64 for'two weeks. There was visible disagreement in the. audience at this point. AYES: Councilmen Noel, Finch NOES: Councilmen Fitzgerald; Stokes ABSENT: Councilman Dempster Motion tied, 2-2 -7- Mr. Frank Fortin, 10685 Martinwood Way, Cupertino, felt that the majority of the people already know what he is planning. The City Attorney advised the citizens to give the applicant every chance to present his case, then to give their rebuttal. Councilman Noel felt the. citizens would have every right to speak their piece during the Public Hearing. Moved by Councilman Noel to postpone application 22-Z-64 until March lst. This motion died for lack of a second. Mr. Doug Boyd, 20301 Clifden Way, Cupertino, said the citizens are well aware of what PO-H means so a meeting with the homeowners would be pointless. Mr. Nicholas Angelopulos, 20378 Gillick Way, Cupertino, urged the Councilmen to proceed with this application at this meeting. Moved by Mayor Finch, seconded by Councilman Noel, to deny postponement of application 22-Z-64. AYES: Councilmen Fitzgerald; Noel, Stokes, Finch NOES: None ABSENT: Councilman Dempster Motion carried, 4-0 Mr. Franklin went ahead with his presentation. He explained that he had checked with the neighbors to the north of this property and they are not against this rezoning. Three of six homes along Bollinger are up for sale because this is not a suitable area for R-1. FHA will not approve R-1 here. A duplex would not fit on this lot. R-3 could go to three stories, which he did not feel the other residents would like. Commercial zoning is out of the question. PO-H seems to be the only answer. It will be a one-story building which must come before the H-Control. Mr. Franklin said there is no PO-H earmarked on the master plan because that ordinance was designed to take care of situations expressly like this. There will be a 1300 sq. ft. building on a 7500 sq. ft. lot. It will be 70 ft. from the duplex. Mr. Frnak Fortin read the petition, signed by 100 citizens, and handed it over to the City Clerk. Mr. Jack Bumgardner, 20305 Gillick Way, said he helped get the signatures on the petition. He said his wife called a local real estate office and inquired about a home that was for sale on Bollinger. She was told that it is zoned R-1 now, but that there was a test case before the Council now and the zoning along Bollinger might very well change. Mr. Boyd said that some of the people in the area said that Now - anything would be better than weeds, but that these people do not plan to stay in the area. Mr. Backman, 20431 Bollinger Road, said he is definitely against this rezoning. He feels they will take advantage of the parking space along the curb, in front of his new duplex. -8- Moved by Councilman Stokes, seconded by Counc,ilma.n Finch, to close the Public Hearing. AYES: Councilmen Stokes, Finch NOES: Councilmen Fitzgerald, Noe -I Motion tied, 2-2 Mr. Franklin agreed that this is a new community and that it is zoned for R-1. However, Billinger is a heavily travelled street and it is just 100 feet from Highway 9. Any home built here will ultimately be a detriment to the neighborhood. PO-H is the only answer here. Mr. Fortin said that the homes in this area that are in San Jose may not be well kept, but those on the Cupertino side are very well kept up. Mr. Howard Horne, 20396 Clifden Way, Cupertino, felt this area should have originally been zoned for commercial. Homes along Bollinger are very hard to sell. There is lots of traffic and lots of noise. He felt this was a natural place for a professional office. Mr. Angelopoulos said it took longer to sell the home next door to him, on Gillick Way, than it did homes on Bollinger. Mrs. Juanita Mc Laren, 22101 Lindy Lane, said someone has come in to try to get the highest and best use of this property and she feels he should be given every consideration. Councilman Fitzgerald said his office has a listing for a home on Bollinger Road and they are listing as one of its assets the large rumpus room at the rear. This home has been for sale for some time and they are still trying to move it as residential. Mr. Franklin said he is willing to go along with "No Parking" signs along Bollinger. He did not feel the other residential along Bollinger could get rezoning because they would not have the necessary parking spaces. He was.reminded that, at the Planning Commission level, the City Planner had said that if two houses decided to get together, they would get the necessary parking spaces. Moved by Councilman Noel, seconded by Councilman Fitzgerald, to close the Public Hearing. AYES: Councilmen Fitzgerald, Noel, Stokes, Finch NOES. None ABSENT: Councilman Dempster Motion carried, 4-0 Councilman Noel asked the applicant if he definitely planned to put in a medical building. Mr. Franklin said he hoped it would be a medical building; at any rate, it would definitely be strictly professional. Moved by Councilman Fitzgerald, seconded by Councilman Stokes, to deny the appeal for application 22-z-64. AYES: Councilmen Fitzgerald, Noel, Stokes, Finch NOES: None ABSENT: Councilman Dempster Motion carried, 4-0 -9- VII ORDINANCES AND RESOLUTIONS FOR ADOPTION A ORDINANCE NO. 301: Rezoning property of P. & R. CAMARDA from R-1:B-2 to R-2-H; 2 acres more or less, adjoining the east side of Vista Drive between Forest and. Appletree. Second Reading. Moved by Councilman Stokes, seconded by Councilman Fitzgerald,' that Ordinance No. 301 be read by title only. Motion carried, 4-0 This was done by the City Clerk. Moved by Councilman Stokes, seconded by Councilman Noel, to enact Ordinance 301. AYES: Councilmen Noel, Stokes, Finch NOES: None ABSTAINED: Councilman Fitzgerald ABSENT: Councilman Dempster Motion carried, 3-0 B ORDINANCE NO. 005(c): Repealing Ordinance 005(a) (Reducing Planning Commission to 5 members) Urgency Ordinance. Mayor Finch asked the City Attorney whether or not, if this Ordinance were enacted now, if it would mean they would have to ask one of the Planning Commissioners to resign. The City Attorney said it is within the law to have either 5 or 7 Planning Commissioners. However, if one vacancy remained unfilled for a short period of time it would be within the law. Comm.. Johnson stated that Comm. Small wished to stay on until May. Moved by,Councilman Noel, seconded by Councilman Fitzgerald, to refer Ordinance No. 005(c) back to the City Attorney. Motion carried, 4-0 VII PAYING BILLS Resolutions1065 and 1066. Resolution 1065 was read by Treasurer Fitzgerald. Moved by Councilman Stokes, seconded by Councilman Noel, to approve Resolution 1065. AYES: Councilmen Fitzgerald, Noel, Stokes, Finch NOES: None ABSENT: Councilman Dempster Motion carried, 4-0 Resolution 1066 was read by Treasurer Fitzgerald. Moved by Councilman Stokes, seconded by Councilman Fitzgerald, to approve Resolution 1066. -10-- AYES: Councilmen Fitzgerald, Noel, Stokes, Finch NOES: None ABSENT: Councilman Dempster Motion carried, 4-0 IX REPORT OF OFFICERS A REPORT OF CITY TREASURER He had nothing further to report. B REPORT OF CITY MANAGER 1. In regard to the Cupertino/Palo Alto boundary, the City Manager will make his report as soon as he gets more informa- tion. 2. The Los Altos Garbage Company wrote a letter, asking the Council to consider reviewing an extension of their contract for another ten years with an option for five more years and an increase from $1.40 to $1.75. Councilman Stokes asked to have this referred to the City Manager for his recommendation and to have it put on the agenda for the next meeting. He asked that a brief history of the terms of the present contract be put together and that a Public Hearing be held on this matter. 3. We have a request from the Optimists Club for a fireworks permit,to be on the same basis as that granted a year ago. Moved by Councilman Fitzgerald, seconded by Councilman Noel, to renew the Optimists Club fireworks permit for one year, under the same term as last year's. Motion carried, 4-0 4. Arrangements have been made and published for a review of the City Hall plans, to be held at Cupertino High School, February 24th, 8 P.M. It has been advertised in the Courier. C REPORT OF THE CITY ENGINEER 1. Lockwood Drive at Voss Avenue. It was the recommendation of the City Engineer to adopt Resolution No. 1064, accepting storm drain easement from Cupertino Union School District. So moved, by Councilman Noel, seconded by Councilman Fitzgerald: AYES.:. Councilmen Fitzgerald, Noel, Stokes, Finch NOES: None ABSENT: Councilman Dempster. Motion carried, 4-0 D REPORT OF THE CITY ATTORNEY 1. The Agreement between Mr.. Bonacich and the City, for a 50-50 division of the net profit of crops on the City Hall Civic Center Site has been drawn up. What is needed now is authorization for the Mayor and City Clerk to execute this agreement. -11- Moved by Councilman Sto',.,es, seconded by Counc-_lman Noel, to amend this Agreement to include the provision that the trees are to be removed prior to cit; hall construction; with all expenses to be put up in advance by Mr. Bonacich. There was considerable discussion about this amendment. AYES : Councilman Stones NOES: Councilmen Fitzgerald, Noel, Finch Motion died, 3-1 Moved by Councilman Stokes to instruct the City Manager to contact Mr. Bonacich to come up with an agreement which would insure removal of the trees prior to city hall construc- tion. Motion died for lack of a second Councilman Fitzgerald asked whether Councilman Stokes would go along with reimbursing for one-ha.lf the expenses, in case the trees must be removed before harvesting. So moved, by Councilman Fitzgerald, seconded by Councilman Stokes. AYES: Councilmen Fitzgerald, Noel, Stokes NOES: Mayor Finch ABSENT: Councilman Dempster Motion carried, 3-1 E REPORT OF BUILDING INSPECTOR -- There was none. F REPORT OF RECREATION DIRECTOR -- There was none. G REPORT OF CITY PLANNER -- There was none. X UNFINISHED BUSINESS -- There was none. XI NEW BUSINESS A AWARD OF TIME DEPOSIT - $100,000.00 The City Clerk explained that this is money in the General Fund checking account. It was opened at 2:00 P.M., on February llth. Following are the results: Bank of America------- 4-1/4/---------- 1 year Wells -Fargo ----------- 4-1/4%---------- 1 year Crocker Citizens------ 4-1/4%---------- 1 year First Valley---------- 4_1/2%---------- 1 year Moved by Councilman Fitzgerald, seconded by Councilman Noel, to award Time Deposit of $100,000.00 to First Valley Bank at 4-1/2% interest for 1 year. AYES: Councilmen Fitzgerald, Noel, Stokes, Finch NOES None ABSENT:' Councilman Dempster Motion carried, 4-0 -12- B Appointment of Recreation Commissioners The following citizens were selected to serve as the new Recreation Commissioners: Mr. Loren Acker, Mr. C. W. Linn, Mrs. Richard T. Loomis, Mrs. Steve Sedlack, and Mrs. Warner M. Wilson. C Councilman Stokes requested an Executive Session. Mayor Finch agreed to this at the end of the meeting. D Councilman Fitzgerald wanted to bring to the attention of the Council a portion of the last Planning Commission Minutes in which Comm. Johnson said the "graph" is a part of the Ordinance, and he questioned why it stopped at 20. He was told it was only because there was no more room on the paper. Councilman Fitzgerald said this was not the intent when he was a party to d2awing up this Ordinance. The City Attorney said the Ordinance, as amended, does not make it stop at 20. Councilman Fitzgerald requested further inter- pretation of this Ordinance from the City Attorney at the next meeting. He said he would like to look at the original minutes and the original ordinance. The City Attorney stated that, if the Council so desires, they could initiate a limitation on it. E Moved by Councilman Stokes, seconded by Councilman Fitzgerald, to adjourn to an executive session at 10:45 P.M. F The meeting reconvened at 11:50 P.M. XII ADJOURNMENT Moved by Councilman Stokes, seconded by Councilman Fitzgerald, to adjourn the meeting at 11:50 P.M. to Wednesday, Feb. 24th, 8:00 P.M., at Cupertino High School. ATTEST: City Clerk -13- /s / Paul H. Finch Mayor CITY OF CUPERTINO Ca11!o:o:'l1A 10321 ,)0. suatoga-Sunnyva1e Road (Clt1 f.all) Cupert1Do, California, 9'.)014 ph: 252..4505 ~ OF ~ RBGULAR MEE'l':DÐ 01' 'i'æ err! COUNCIL ~ February 15, 1965 PLACB: JkIU'ð Room, Cupert1Do Scbool D1.ttrict Office 10300 Vista Drive, CUpe~'no, Calitornia !IJaI: 8:00 P.M. Ma~ ~ -8JIIID\IIlÓed tt-.at this 18 "students in Government Week", spon- sored ~ ~.. Cupertino Jels. He introduced Student Mayor lance Martin who. m t1Ø'D, 1r.troduced Councllw_n and Councilmen Linda Rothchild, IUt Iauer. Sue Scoville, Rlch M1ka. Student City Manager Dick Posey introdGCed Student City Clerk L1nda Stephens, Student City Attorney Ed Bowen. aDd Student City Engineer Scott Erickson. The students then took over the ~ portion ot the Council meeting. I SAImE TO THE FLAG __ Led by Student Mayor Ia:lce Mart1n. :rI ROLL CALL· - by Student City Clerk Linda Stephens C~~cilmen present: CC"~cilmen absent: Fitzgeral.1, Noel, Stokes, Finch De:npster Staff present: City Y~r~ger, Phil Storm City Clerk, L~rry Martin City Attorney, Sam Anderson Assistant City Engineer, Robert Shook Ch1et Bldg Inspector, B11l Benev lch Recreation ~irector, John Parham Recording Secretary, Lois Inwards III fUJI\T1¡,¡S OF THE PRE.VIOUS MEE'l'L'fGS - Feb. I a. 13, 1965 ThJ.s was moved down on th1s evening 's agenda. IV 1ftU'l"l'EN COMMUNICATIONS A The Student City Clerk read a letter 1"1'0:11 Ad Art Company, aäJns to appeal the Planning CollD1sdon denial 01' application 1-V-65. ~ed and seconded that the written communicatlons be received aDd t11ed. Motion carried, 5-0 Recreation Director John Parbaa then thanked the Clty Council, tile City Manager, and his start, on behalf' or the Cupertino .JC's am Mr. Don Marias, Dean of' Boys at Homestead a1gh School, tea. ~heir assistance dur1DC "students in Government Week." .2IIq' bad their electiOn 01' ot'1'icers, a par.el tor diacuasion 01' c1~ government, a tour of' the city hall and handled some 01' U. 1II'oceedings at this Council.-eeting. The program has deYe10ped a greater awareness 01' city government by the students, -1- U~'t,.... ;O':.'c·' then t~'!!I.tI'\'!rÞ" tn' e J~ 's, th~ ~::tt.:jer~'; :;~"lernlœ:lt, a~d ¡"a.;:,... . J'. ."" .. ¡XõI.....__ '" . '1 ~ b Mr 'U__'.. ,...-.......... -~.·.'·..,-+-s t~en rðt'œrpd to i-re â\,¡': e:'.ce ~O 0 - .. 1·......1\...;:). ..I ;.<;; ......._..._..... Xl ... - - ., . ser\"e tr.¿ ~emalrL-?:" ':.~ tl".e c: ~)r,.;il m~ctlng. IXI MINUTES CF TH5 i'R.:;.-,-X5 ;.c::¡;¡rINGS - P,:,b. 1 &-', 1965· Councllmn StOk~3 bad a ccrr:"tic,n 1965. Page 10, secoœ p,::.:'dgraph: be "repald. " Moved by CouncibBn Stokes, se:onded by Councilman pitzgerald, to app!'ove as correcte~. the Minutes of Feb. 1, I9&.;. Motion carried, 4-0 to the iUnutes or Peb. 1, the word ~pald· should Moved 1:Iy Counci~ Stokes. seconded by Co..mci1man Pltzgerald, to appro~e the ~es or Peb~ua!'7 8, 1965. ~tlon carried, 3-0 (Councilman Noel abstair.ed because he was not p:'esent at that =eeting.) ;:; ORA~ ':-C~;JNIC^T¡CSS A !'.r. F~te CaT:arda. :C:;'l E:'ar..cy 4....·¡·::1~le, CI...i~:..ti:"...,.. :.a ~1 he has lived i=: Cupertir.o a:1 h1s Ufz a:1à r"cls tr.a1. t:.." ::<;;y St"ff is r.ct I<Cr!<in6 I=: '::-,~ );¡e~t interests of CUIY.'!'ti!'.~ citizens. He we~t ~~:) d~ta~: :: ~v~~ts that hDv~ take~ pla~e since he ~ove:i a :--..:~e O:1t~ :.~: ;::-:;;..::-:y 1.:1 C'¡pe_·tln;). :-:e sal1 he got t.1s ~€":*~~t to Clove -:~.~s :.:'.J.;Je dm':;' rl~O;.1 ti'ie :-.~:"l:: a:-:; the c~ty agreei ~~ j~ the ~~~~~~erlr~ for $20C. T~lay h: ^~= told he ~iJst p:!... ;..~:- th:? :-:: ::-~ =:'::'~:'1:::; in ?d,ilt1cn to Curt3, g\.ltters and ~~:'¿...~lk.3 .:lr~ :.-::-~~~ ':',:.;:"ove~-:-..-ts alo~~ -;'-.E: ~rG::~ of his propert:: . Counc1l::.an Noel a=;œ::. to,::w this $200 figure was ar!,:':e1 at. !".3yor ?l~.:h saU tto.a~ :-. :t.a.y 20, 1963, the City CO\.õ.'lC1l adopted a Rescl:;.t!on sett~.b a :2X min1.tr.UT. fer englrlc-:r~~g. ;.3s1stant City E!'~tr.eer Shoc~ ~~lj ~to~rn drainage fees are ~crttally $780 pe!' aC"e. !'.r. Ca::arda said he reccntly plar.':c1 ~:"Uit ~rees 1r. the l'~"k ::~ ";~.ls property and wondc!':! it tt'.at lar.<i should te included 1~ tigurlng this. The Asslsta=:~ C1ty Engl~e!' sald the s~-vey crews have been out and cn the site three ti:!les to set ~ta~.,s tor the curb, g'.1tter arrl street grade, plus oftice ti~. As 01" last F~1day, there had been 30me $90 in wages lC-ëðe~ again3t this application. These are the conditions impcse::' on all iClprovement projects. Counc11=a.n Noel said he would Hke to look Into th1s turther and have it on the agenda ror the next regular oeet1ng. P.r. Camarda said. "Let's Blake it a little easier 1"or people to bu11d here in Cu¡le-""t1no. " He said the reason he ..as at this _eting vas that maybe he can rr.ake it a little easler ror the uext fellow who wanta to build his own I:ome 1n C>.1perU,no. Councllma:: Stokes said he -would also like to get more 1n1"orma- tlon on t~i3 situ,,~lcn. P.r. Caærda was asked ~ thi:J delay wou-,d impos~ a hardship 0..\ h1m. Ha said that it woU1.d root. -2- y.ov('~ ~: ~:)u."1cll',·2n ~t~.....~, secor.¿'~1 by Cou: . ~~:: ..?-1, to postpor.e action on t:ll.S œtil r.ar~:-: 1st. ~~CD carrled, 4-0 VRITTE5 COMMUNICATIOIS: A Roved br Counci_.ø Stc2b8. seconded b7 Councl~ JI'1tzgerald, t:bat the Uena)·.a 101P-~e appeal b7 Ad Ar1ö. appl1cat1on I-v-65. 111 to be p1. r- aD tbe agenda t'!Jr the øøt rep1ar .et1ug. . ---carried, 4-0 B 3ot1ce o! the ¡>eh. -)0 26th _et1ng ot the Aasoc1at1OD ot Bity Area GovernMAW_ C letter trOID MI-. ~]4 a......b'. re1at1ve to appu.cat1OD 22-Z-64. de sald he was not ~J.1'1ed ot thls actlon and be 18 opposed to it. Moved 1:)" CouncilllBn s+-..oiœ¡;. seconded by Councilman Jloel, to instruct the City "'-v:- to write ".1'. Hornby a letter out- lining ;:-'¡pert1no's ~~ procedures and tell1r.g ~~: that thls was done tor appll.eation 22-z-64. Þ Letter ~!'O:l State Ser.a~= Clark Bradley, urgi~ ':~~ :1ty Counc1: :0 write tC' Se::. Kuchel, Sen. 1'l'lI'phy, Corçees:r.an Gubser !i::d Congress-.n. ~s to ask them to e-.1r?:::-': a Const1t~~ional AmendDe:t aver-ruling the maJor1ty =1'~lon ot the Su;::,~::e Court rega..-:!1ng Reapportionment. _ Letter :':'c::! Bank ot J.æe:1ca, asking the City Cc-r.::1: ':0 execute :he Agreement -:'0 provide 1"01' "destruct1o.:· :-ao;her than "c:'~::ation" ot c..........,...s and bonds 1n complia::::e ...:'th Govern::.;~t Code Sect1:::cs 53920 and 53921. So move:, by Counci1zaJ:. 5081, secor.:1ed by Counc11:a:: P1tzge!':i::. kt1= carried, :;-0 P letter ~J:II Mr. Lou1a St:lcklemeler and Þ1rs. Mabel ]õ~r.en, request~:-.¡; the City's ~ ~tion 01" ~300 for tir.a:-.:al assistance to be u.!!S'd for expenses .1=urred In the interest ::! ':he dedicat1~r. 01" the brocze plaque. The C1t, Attorney coul:1 see no objections to this as long as this does not exceed the 1im1t ot mcr.ey allocated to~ this t)'Pe ot :,...tng. Moved by :cuncll111an ~s. seconded by Councl1=an Fitzgerald, to dire~t th1sCoDIIÚt~ to prepare a budget 1"or re,,1.ew by the City Co=-:ll. ~1aD carried, 4-0 ~ed by Councilman JIoe~.. seconded by Councilman Stokes. that the Written C01IIIII\In1cat1cms be! received and tiled. ~1aD carried, 4-0 -3- 1. A. c2:Car 0:' 7;':: ?"' !.~'!C¡¡C cc:·::ns;:,:otJ (See !I~::ute3 of 2/8/65) App::.:ation of ;~~~~ Liaz, N0. 21-Z-64 to rezcr£ from R-3-H to :-:-H wao apP'cT~ with the l2 standard conditions and 13. Á..'1:y dedicat::.~ óTl<i improvencnts requ~,-ed by the City ~':afr in cO:1:=~ion with Stevena Creek Blvd., and 14. A 60' front. ~ 5et back, to align it Idth existing aijacent bua1--. v COIZ. .Tohnson sa1&! t3dJI decision was ba&ed OD the 1"act that this location is -XI'table tor residential and that co~rcial wo~ be the obv1øaS ¡we. 2. Denial 01" app11catbm 13-U-64 tor a ve~er1Jl8r1an c11nic '.:~ labo..-atory was -- on the r2vlew of other ordinance!! in the ::ounty in s1~1OD8 11ke th1s and that 1t w'juld be rletr::.œntal to the œa1th, coc1"ort and genera1 1..el1"are of the peo¡::~ in th1s area. ~h13 is adjacent to Cupertir.o's Town Cer..t~:-. ; 3. Appc.:.:ation 22-Z~. tc:r the Franklin.Windsor Development Co., was ~i!!'.1ed 03 the :'-S~3 that It wo,,1<1 be s?o~ zoning, it would mea:: ::-.ere would:";' ;a parking lot adjacent t:> ::1-1, and it wo¡;'¡~ :'~crease a1-~:Y bad traffic conditic~~. 4. Arte~ =u~h d1scus~~~~. the Plar~inb Comm1ss1~~ voted 6-0 to inst~~:t the City ~~~1" to draft a letter t~ the ABC, making note :; the Pla~'-~ Co~ssion's object10r.S to a cocktail bar ::: ~ neighbor::c~ shopping cen1;er. Co~.:::~n Stokes ~~je: if thls ~as within tt~ li~itations of the ;-=--=sent zon1r.¿. The City Attorney saið ';hat It was. The Cou:-.:y permits it. ""':1 .Jose perClits it. Mov~:: :j. Councl1::c:.::. .stokes.. seconled by Cot;nc1~n Fitzgerald, tha:, 1n view 01" :;=.e t'act that this has alrea:y be"n heard by t~.= ABC, the C==i1 is not in fa'lor of t'¿ving this letter writ~=~,. He furt:-.ê=' =·..ed that if the Planr,j,~.g Co"'.misslon fee:~ ~"ey would 1 ':.r~ t::> have so:::e kind of !'eg-..latory powers ove!' :~!'s in the :::'~T th2Y should work this ~..t with the City AttC'~c·~7 . ~~~1on carried, 4-0 B REPC:C OF THE ARc-=_':~-lu:tAL AND SITE APPRO';;"L cc:·::nSSION (See )oI-:'~.utes of 2/;.1'55) 1. Cha~~:1 Small sta~=' that his H-Contro1 Co=lssion is going to r.a':~ a study ses.s::'on this Tuesd:.y for the ;AJI'pose 01" dra ~ . -!Õ a new H-CGC:rO 1 Ordinance. 2. The E-:~ntrol Co.....· ....ion has rescinded two appJ.ications, l08-E.:-63 (Stewart Jlcldaw) and 79-HC-63 (Gagliasso/Stocklemeierl ~Ca!':~7) because the7 have exceeded the one-year time limit. Mayer ?lnch asked ~ tMs has been checked out with the City Attor~y. He lcar-..ed t;hat it had. -4- Councllman Stokes felt that perhaps the Council should do some scrious study1ng of Inter1m zoning ordinances. The t'a.-:t that the Clt7 now has a large amount ot undevelopeci R-3 1s an indlcat10n that the idea or interim zoning has some mer1t. CouncilllBn Fitzgerald asked ..hat grounds we would have to take awaJ' the zon1ng trom somenne who has had h1s zon1ng tor several J'ears. The C1ty Atto£'M) 's opin1on was when the property owner œs expended cap:1ta1 the zoning shol114 re_in. Counc1lB8n JIoe1 aaJœ(! U there 1s a renewal cbarge. The C1ty AttorD8J' a4Y1aed that we should have the power to renew U the appl1,,-- comes betore the Council and asks tor it; . betore b1a app11cat1on exp1res. Moved by CounclbaD Stolllls, seconded bJ' Counc1lmn Noel, that a note be sent to the P1a1Ul1ng Co~sslon to look i;~to the po88ibHity ot interim zoning and 1ts proa and cons in regard to Cupertino. Motion carr1ed, 4-0 VI PL'BLIC HEARIlfGS A ANGEL nIAZ: Appl1cat1on 2l-Z-64 tor rezoning 1"rom R-3-H to C-l-H; one-tourth ot an acre, approxilll8tely; north side of Stevena Cree" Blvd., 408' west ot Vista. D!'ive. Approved by Planning COIZ1ss10n Resolut1on No. 240, Jan. 25, 1965. Mr. Richard Faust. 2409 Fair Oak Court, San Jose, represented the applicant. i:e sa1d they reel th1s property is toe:- slr.311 tor R-3-H. Their plan Is to continue the COlllllercial in con- 1"cr:nance with tho! exist1ng auto partr. store next door. Park- w11l be in the :rant and w.;ierneath the bu1lding. They teel the whole area should be developed in a homogeneous :nanrær. They w1ll l1Bi:-.~aln the 60' set back est.ablished by the auto parts etore. They plan to have 01"t1ce-type stores; e.g., real estate, title company, etc. Mayor Pinch a.$ked tor comments .·roC! the audIence. There were none. Moved by CO\nci1B8n Noel, seconded by CO\õnoilB8n Stokes, to close the Publio Hearings. Councilmen Fitzgerald, Noel. Stokes, Plnch None . Councilmn Dempater Motion carried, 4-0 Moved by Counciban Noel. seconded trJ' CouncilllBn Stokes, to approve I'.pplication 2l-Z-64, rezomng 1/4 acre. approx., north side ot Stevena Creek Blvd., 408' west ot Vista Drive - frOG: R-3-H to C-1-H. . . A1ES: NOES: ABSE:IT: AYES: NOES: ABSBNl' : Councilmen Fitzgerald, Noel. Stokes, F1nch None Counoilmn Dempater Motion carried, 4-0 -5- Th~ ;::Ity Clerk gave the first reading 0;' Ordinance 302. B THOMPSON & ASSOCIATES, 11/:::.: f:9peal rc: application 13-U-64 to grant a Use Pe~m1t fo!' a V~~p.rinary Clinic a: Laboratory, 20432 Sllverado Aye.; C-I-H Zone. I'eru.eù by Plann1ng COlIIDiesion Resolution No. 239, Jan. 25, 1965. Atto:o:-ney John J. Hayes, J:., 40 N. First Street, san JC3e, represented the applicant. He gave a resume 01" the pro- ceedf.J168 at; the Plaming Coll1ll1sslon level. He exp:!.alned tœt th18 is & veter1n!lry cl1nic not a hospItal and he went on to explain the di!fp.rence. There would absolutely be no 1'8~ll1tles for overflight care. Thcre Is a back entrance. It was the opinion 01" Attorney HaYHS that no Use Permit was even required in this case. T!", surround1ns area is C-l-H. He asked If the Plaming Comm1.asion would have 1;he right to deny this application i1" this were prcfessior4l '::ùn1ng . Attorney Hayes said there is a poodle gro~ming s1tuation in this same type of zoning at B1..aney and Stevens Creek Blvd. He does not see why this type of an o?eration should be placed in an idustrtal location. He inv1t~d any questions the Council ~~ht have in regard to thi~ type o~ situat10n versus a vete!'inary hospital. Mayor Pinch asked fer COr.mIC!'lts from the aud1erce. Th",re were none. Counci~~n Fitzgerald said he had a phone .::all 1ndicating that Dr. Thomp:;on !'.as an aò. in ti,e class1f1ed section 01" the phone bo(>it for th':'s clin':'c \;i1:ier "Ve1;erinary Hospitals." Dr. Tho~son said the classified section of the phone book ha~ no veter1:~!'y clir.lc designat10n so there was no alternative bu~ to list it the~e. Councl1man lIoel asked I<hether there >/ould be groomil~ of animals here. Answer was in the negatlve. Cour-cilman Pitzgerald said he wa3 inclined to agree with the Planning Commission 's decislon in this case. When these 1"acilities were built i~ ~~ under C-l-H. The City allowed him to build under C-l-P. with t~e ~~ovision that nothing but professional people wouU be in :¡ere. A beauty shop had to apply for a Use Permit to ~perate here. Councllman Noel said he was aware that we could use another vet. 1n this area, but he is not convinced that this Is the place to have h1m, next to tha Town Cen1;er. The other o1"1"ices will contain a dental lab, a real estate o1"1"ice, a title company and a beauty parlor. II veterinary clinic would not be compatible. Councllman Sto!œs asked what his ot1"ice hours would be. He was told it would be 1"rom 9 A.M. to 5 P.M. And there is a walkway to the rear entr3nce. -6- Mayor Finch asked the opinion 01" the City Attoney about the statement 117 the applicant's attorney that this type of operatlon does not call for a Use Perœ1t. The Clty Attorney said the County puts this type 01" operatlon in a C-2 Distriot and requires a Use Permit. We do not Mve C-2 zoning. This is a new 1JInovatlon. Th1s is the first time th1s dist1nct1on has come before th1s city. '!'here is no way to police tMs thiD8 to .. whether or not ani_Is are kept overn1gt.t. The C'JUnt7 'Ordinance is based on the n01se !actor. No goods or products are involved here. AttOl'lleJ' BaJ'8S asked what the d11't'erencl! is between an animal grOOlll1ng per10r am a veteriDary cl1nic. The Clty Attorney said he as-.:l it would be the same d1tterence as between a barber shop 81111 a doctor's ot't1ce. :it was the op1n1on 01" the City Attorney that we woul1 need an Ordinance A--vlment to accept th1s. Moved by Councl1man Pitzgerald, seconded by Councilman Noel, to close the Pub11c Hearing. AYES: NOES: ABSENT : Councllmen Fitzgerald, Noel, Stokes, Flnch None Councllman Dempster Motion ~arried, 4_0 Moved by Counol1man Fitzgerald, second~d by Councilman Noel, that the appeal 1"01' application l3-U-64 be denied, based on the 1"act that it would be so near the Town Center. 'I'hey are not agalnst ~h1s type of operation, only that it should not be in this location. AYES: NOES: ABSENT : Ccunci1men Fitzgerald, Noel, Finch Cour~ilman Stokes Councilman D~opster Motion carrled, 3-1 C FRANKLIN-WINDSOR DEVELOP;'IENT CO.: Appeal reI Application 22-Z-64 tor rezoning 1"rom R-1 to PO-H; Lot 1, Tract ~55l, NW corner Bollinger a: CU1"den. Denied by Planning Coll'Jlll1.ssion Resolution No. 241, Jan. 25, 1965. Mr. Donald Franklin, l615 Ronald Court, San Jose, asked 1"01' a postponement based on the 1"act that he Just learned, on the way over to the meeting, that there was a pei.ition with about 100 names on it, objecting to th1s rezoning and he 1"elt that the way the petition was written was III1s1eading. He nnted the opportun1t7 to meet with these homeowners -to exp1a1n PO-H zoning to the. and also to listen to their vlews. Moved by Councilman Stokes, seconded by Councilman Noel, to postpone application 22-Z-64 tor two weeks. There IfSS visible disagreement in the audience at tM.s point. - AYES: NOES: AæE.'f1': Councilmen Noel, Finch Councilmen P1tzgerald, Stokes Councit.en Dempster Motion tied, 2-2 -7- , ¡ ! ! I ! j Mr, :~:,,';': Forti:!, l06è5 Martlr.wood ¡¡E..', CU?frt1no, felt that thè ~:ùr1ty of the people alrea::)' k."1;)'" what he 1s p::'anning. The :l:y Attorney adv~3eã t~c c~t~zer~ to give tr~ applicant every chance to present h1s case, tr.en to give their rebutt.al. COI.1:l:1læ.n Noel 1"elt ;;he citizens wC'Uld have every right to ðpe~ò: their piece dlII'ing the Public Hearlng. Mcvea 117 CouncilaBn Noe1 to pos';pone application 22-z-64 until March 1st. Tb1a motion died for lack or a second. Mr. Doug Boyd, 20301 ClHden Way, Cupertino, said the clt1zens are well aware ot .hat PO-H means so a me..t'-nt: with the home~rs would be pointless. Mr. S1cholas Angelopu.los, 20318 Gillick Way, Cupertino, ,"",cd the Councilmen to proceed with thi3 appllcation at this meeting. Move:i :'y Mayor Finch, seconded h;y Counc1:man Noel, to de~' POS!;:<:~~!:1E!nt 01" application 22-z-64. Arr.S : NOES : ABS::"'\"':: Councllmen P1tzgerald, Noel, ~coke8, Pinch None CouncilQ8~ Dempster ~otlon carrlej, ~-O !lor. ::·~.:Üin went ahea':! with h:s ;:!'èse:1tation. He explained thE.: ~.e r.aà checked. "1-:::: the nei:;~.:'ùrs to the north of this prcF:-:;: and they art' not agair.zt this rezoning. Three of six :::=es along Bollinger are up fer sale because this is not a ~~:~a:le area for a-I. FHA will :1:t approve R-l here. A du¡:;:~x -'¡Juld not fit \)!: this lot. :'\-5 could go to> three st~:'~-=;:, which he d~d :"'.ct feel tte "~::er residents would I1tce. Cc~¿~~~~l zoning 1s c~t of the q~tst~on. PO-H sce~s to be the :~::: answer. ¡t will be a one-story building which must co~ :-:::':):"'e the E-'::)!'6t~:)l. Mr. ?':"';¡:-~l!n said thert! is no FO-:i ~.s.:-:;.arked or: ~~~ :':".aste~ pla~. ::~:au3e that o!'dlnance wa:.- des:¡:;r.ed to take car!! of sit~:::~s expressly l~e this. 7~~re wJll be a 1300 sq. ft. buil~~!'~ on a 1500 sq. ft. lot. :t ~ill be 70 ft. fro>~ the duplex. Mr. F:-!'..a;'; Fortin read the petitIo:1, signed by ~OO c1tizens, and :.a~":'!!:1 it over to the Cit;y Clerk. Mr. Jack Bu~ardfl"'r, 20305 ':;~ll1ck Way, sai:1 he helped get the s1gr.ature1l on the pc.tit·.::'''l. H" said his wi1"e called a local real est..ate ott1.::e and l:-.q.åI'ed nbOl1t a hoce that was for sale on Sollinger. She va~ told that 1t is zoned B-1 now, but that there wns a test ::a~e betore the CouncH now and the zoni~ ..1'jO:"'.. !.ollinger III1ght o;ery well ohange. Mr. B.:}"d said that SOIDe ot the ppople ia the area said that anythicg would be bette!' than weede. but that these people do r.ot plan to stay 1n the area. Mr. Ba:Ic:an,2043l Bollinger Road, ~:!1à he is de1"inJ.tely agalr~t thls rezoning. He 1"eels tr.a7 will ta~e advantage of the pa!'k~r.g "pace alang the curb, 111 frent of his new duplllx. -5- :4:¡'.-e:i by Councl1mn 3tO"~S, se'::'>nè"d by Coun~1::'I'..an Finch, tQ close the' Pub11c Mearlng. AYES: Nœ5: Councll::1en Stokes, FInch Councilmen Fit~serdld, Ncel Motion tied, 2-2 i< Mr. Franklin agreed that th1s is a new cOIIIIIIUßity and that it Is zoœd tor R-l. BoIfever, Blllinger Is a he!\vily travelled street and It 18 Jwst 100 teet trot': H1ghltay 9. Arr1 home built here w111 ult1_te17 be a .ìetrlment to the neighborhood. PO-H is the 01117 answer here. Mr. Port1n said that the homes 1n th1s area that are in San Jose may not be well kept, but thole on tb6 Cupertino side are very well kept up. Mr. Howard Borne. 20396 C]~tden Way, Cupert1nO, telt thls ..rea should have originaHy ~en zoned 1"or coaaercial. Homes alcng BolU.nser are very hard to sell. There is lots of tratt1c and lots of noise. He felt th1s was a natural p:ll. ce for a professional office. , ~ r f I, f Mr. Angelcpoulos sald it took longer to sell the home next doo!' to him, on Gillick Way, than it did homes on Bolliflóer. Mrs. Juanita Mclaren, 2210l Lindy Lane, said someone has come in to try to get the highest ane' !:::ø1; use ;;:f this property and she feels he should be given evel'y c0ru11d~..ation. Co~~:ilman Fitzgerald said his o1"flce has a 11st1ng for a ho::;e on Doll1nge:' Rood and thp.y are l1f:ting as one of its assets the large rumpus room at the rear. This home has been for sale for some time and they are still try1ng to move 1t as !'t:sidential. Mr. Frankl1n said he is '~¡ll1ng tc· go along with "No Parking" signs along Bollinger. He did not feel the other residential along Bollinger cc~ld get rezoning becsuse they would not have the necessary parking spaces. He was reminded th'!.t, at the Planning ::oam1ssion level, the City Planner had said that if two houses decided to get together, they would get the r.e;;:essary park1ng spaces. Moved by Councilman Noel, seconded by Councilman Fitzgerald, to close the Public Hearing. A"lES : NOES: ABSE.Vl' : Councilmen P1tzgerald, Noel, St-olreii, P1nch None Councilman Dempster Motion carried, 4-0 t L Councilman Noel asked the applicant It he def1n1te17 planned 100 put in a medical bui~ing. Mr. Franklin said he hoped it would be a medical building; at any rate, it would detin1tely be strictly protessional. Moved b)' Councll_n P1tzgerald, seconded b;r Councilman Stokes, to de~ the appeal tor applicatIon 22-Z-64. AYES: Cou'1Cl1men P1tzgerald, Noel, Stokes, Pinch NOES : Nor.e ABSEII'l': Councilman DeÇðter Motion carried, 4-0 -9- VII ORiìIllA.vCES AIID RE50LtrrIO.vS POR ADCFTION A ORDINANCE NO. 301: Rezonir.; property of P. &: R. CAMARDA t!'o~ R-l:B-2 to R-2-H; 2 acres more or less, adjoining the east side or Vista Drlve between Forest and Appletree. Second Read1ng. Moved by Councilman Stokes, seconded by Councilman pitzgerald, that Ord1nance No. 301 be read by title only. Mnt10n carr1ed, 4-0 Th1s was done by the City Clerk. Moved by Councilman Stokes, seconded by Councilman Noel, to enact Ordlnance 301. AYES: Councl1men Noel, Stokes, Finch NOES: None Þ.BSTAINED: Councilman Fitzgerald ABSENT: Councilman Dempster Motion carried, 3-0 B ORDINANCE NO. 0<>5(0): Repealing Qr'dinance 005(&.) (Reducing Planning Commission to 5 members) Urgency Ordinance. Mayor Finch asked the City Attorney whether or not, if this Ordinance were enacted now, if it would :nean they would have to ask cne of the Planning Commissioners to resign. The City Attorney said it is within the law to have either 5 or 7 Planning Co:nmiss~one!'s. Howeve!', if one vacancy remained unfilled for a short period of time it would be within the law. Cornm. Johnson stated that Comm. Small wished to stay on urt 11 Ma:;. Moved by Co·~.oilman Noel, seconded by C~uncilman Fitzgerald, to refer Ordinance No. OOS(e) back to the City Attorney. ~!ctiC'" ca!'~'led, 4_0 VII PAYIN~ BILLS Resolutions 1065 and 1066. Resolutior. l065 was read by Treasurer Fitzgerald. Moved by Counciloan Stokes, seconded by Councilman Noel, to approve Resolution l065. AYES: NOES: ABSE!ft' : Councilmen Pit zgerald , Noe 1. Stokes, Finch None Councilman Dempster Motion carri.." 4-0 Resolution 1066 was read by Treasurer Fitzgerald. Moved by Councilll8n Stokes, seconde<: by Counc'.lman Pitzgerllld, to appro~e Resolutlon 1066. -10_ t ~,... Jl~" Ar:.S : NOES: ABSENT : Councilmell Pitzgerald, Noel, Stokes, Finch None Councilman Dempster Mot~on car:-~ed. 4..·0 IX REPœ'1' OP 0PnCERS Þ. REPœT OP CrrtrREASURER Be bad DOtb1Dl furtber tc.. report. B REPœ'1' OP ern IWIAGBR 1. In regard 1;0 the Cuper',tnolPalo Alto boundary, the C1t;r Manager wi11 __ his repo7l't as soon as he gets lII01"e 1n1"oraa- t1on. 2. The Los Altos Gnrbage Coœpany wrote a letter, asking the Co=ll to consider reviewing an extenalon or their contract for another ten ;reaJ.·s wlth an opt1on 1"or tive lII01"e years and an 1ncrease rrom $1.40 to $1.75. Councilman Stokes asked to have th13 reterred to the City Mar.ager 1"or h1s recolmlendation and to have it put on the agenda 1"or the next meeting. He asked that a brier h1story of the terms or the present; contract be put together and that a Public ~aring be held on th1s ar.!tter. 3. We have a request fro", the Opti!llists Club tor a tireworks pe~~t,to be on the same basis as t~4t g~anted a year ago. Hoved by Counci1oan Pitzgerald, seconded b:r Councilman Noel, to renew the Optl:!!ists Club r~re"forìts per:::it 1"01' one year, under the same term as last year's. Mot10n carried, 4-0 4. _;n-angements have beon ro:1e and published tor a review of the City Hall plana, to be held at Cupert1r.o High School, Fe~!'uary 24th, 8 P.M. It has been adv".!rt1sed In the Courier. C REPORT OP THB CITY ENGINEER 1. Lockwood Drive at Voas Avenue. It was the recolIID8ndation 'è't the Cit;r Bns1neer to adopt Resolution No. 1064, accept1.ng storm drain ea...nt rrom Cupertlno Union School Distrlct. So moved, b7 C~il_n Noel, seconded by Councilman Fitzgerald . AYES: NûES: ABSEII'1' : C_i1lren i'1tzprald. Noel, Stokes, Plnch None C0IÇI11Mn Delllpllter Motion carried, 4-0 . J) RBPOR'l' OP TIIB Cl'1'Y A'l"1'OIUŒY ,:¡¡ ,~~. -~..fs..~~>. . ::.. 1'be Agree_nt between Mr. Bonacich and the C1t7. tor a 50-50 div1aion or tbe net proUt ot crope on tt.e C1t;r Hall Ciyic Center 'iW- lias been dra"" up. What 1s needed now is authoriaatlon tœ 1;be Mayor and C1t¡ Cleric to exe<:'.lte th1s acreeUl1t. ,,-;.;;:~~$í~~·.·j~! _. ,~ -11- ..."....... j.~-'.i.. Moved l,.: Counclla:an Stous, aecondp.d 'r,¡ Cow-.cll:œn Noel, to amend this Agreeltent to include the provision that the trees are to ~ removed prior to city Ì".ß.ll construction; w1th all expenses to œ put up 1n advance b;¡ :o\r. Bonacich. There was considerable d1acU8sion about this a_nd_nt. AYES: NOES: Councilman Stokes Councl~ fitzgerald. Noel, P1rIch JIot1on died. 3-1 Moved 117 CouncilJan Stakes to inBtruct the C,t7 Manager to contact Mr. Bonacicb to come up with an agre...nt IIblch would insure rell109&1 or 1;be trees prior to clt7 hall conatruc- tion. ~ion died for lã:k of a second Cúuncll::an Fitzgerald asked whether Councilman Stokes would go along with rei:Dburs1ng for one-halt" the expenses, in case the trees must be remav~d betore harvesting. So moved, by Counci1=a: Pitzge!'aid, seconded by Ccuncl1man Stokes. AYES: NOES: ABSEliT: Councllme~ ~tzgerald, Noel, Stokes Mayor F1:".c:: Council~r. ~e=P8ter ~~~~~r. carried, 3-1 - REPORT OF BUILDIIla :S3?E.:TOR -- There was none. REPORT C'i' RECIU:.ATIG/õ :.::-..z-.-rOR -- There was none. ? G REPORT OF CITY PLA:i5E:. -- There "as n.Jne. z Ul~INIsr~ BUSI¡~ : :-.:re ".~:;s nQne. n NEW BUSINESS A AWARD OF TI~ DEPOS'=-¡ - ~lOOJlOOO.OO The City Clerk explai~ that thls is ooney in the General FurY.! che.::k1ng aCC()\J:1t. It was opened at 2:00 P.M., on February 11th. Poll~ are the results: Bank ot America------- 4-ll4~---------- 1 ,ear Wells-F3rgo----------- 4-ll4~---------- 1 year Crocker Citizena------ 4-114~---------- 1 7e&r P1rst Valle7---------- 4-1~---------- 1 ,ear Moved ;'y Councilman P1tzgerald, secomed by Councilmn Noel, to award Tlme Depos1t or $100,000.00 to First Va1Ic7 Bank at 4-1~ interest for i 7e&r. AYES: BOBS : JIBSKNT : . 1:..,,;.· Councilmen P1tzgerald, Noel, Stokes, P1nch None . CounciI.an ». ~ter Jløt:i.1:II1 carried, 4-0 -12- 5 Appointr.e~t of Recreation Co~1ss1oners The following citizens were selected to serve as the new Recreation Commissioners: Mr. Loren Acker, I<1r. r;. W. Linn, Mrs. Richard T. Loomis. /llrs. Steve Sedlack, am.; Ioirs. Warner II. Wllson. C Councll:uan Stokes requested an Executive Session. Mayor Finch agreed to this at the end of the meeting. D COImcilman Pitzgerald wanted to bring to the attention or the Councl1 a portlon or the 1ast Planning Conmission Minutes in 1fb1ch COUlD. Johnson said the -graph n is a part 01" the Ordinance, and he questioned why it stopped at 20. He was told it was only because there was no more room on the paper. Councilman Fitzgerald said this was not the 1ntent when he was a party to d-'awing up this Ordlnance. The City Attorney said the Ordinance, as amended, does nc,t make it stop at 20. Counoilman Fitzgerald requested further inter- pretation 01" this Ordinance trom tt.e City Attorney at the next .....eting. He said he would like to look at the original minutes and the o!'iginal ordinance. The City Attorney stated that, if the Council so desires, they could initiate a liClitation on it. _ Moved by Councilman Stokes, secorAed by Councilman Fitzgerald, ':.0 adjour~ to an exe'~utive sesslor. at 10:115 P.}!. F :'he meeting reconvened at ll:50 P.M. XII :.DJOURNMD.ì Y.oved by CO\òncilman Stokes, seconded by Councilman Fitzgerald. ~o adjourn the meeting a~ ll:~~ ~..'.",. to Wednesday Feb 24th - - , . , 3:00 P.M., at Cupertino ~i6Ä Sc~ool. ¡'PPRO\'W: /5/ Paul H. Finch r>1ayor ;"J....:...::."""'1' : { ~c..M'" I I ¿'- - (L~ {µ. City Clerk -l3-