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CC 03-15-653e�-eo 1 C I T Y O F C U P EI 13 T I N 0 C a. 2 i f or -a -1- a 10321 So. Saratoga -..Sunnyvale Roac (C-I.ty Ha.!.1.) Cupertino, Californ._.Ca , q0.1'I ,1 2 )-.1j505 MINUTES OF "ITE IREGULAR M%,FsTILNG OF T'LCITY COUNCIL -- March 15, 1965 PLACE. Board Ro om, Cl'.1'< -. .,in.G �_:�:T":. �:�1 D.:." . �C•.i_c i:; 10300 Vista D1''=.ve, ("'u.pe.r, Rio, Cal :_..fc.i'Ilic� TIMES 8:00 P.M. I SALUTE TO THI' FLAG The Mayor asked everyone to join hj.m in prayer for Supervisor Ed Lev_ -,a - II ROLL CALL Councilmen present: Dempster, Fitzgerald, Noel, Stolres, Finch Councilmen absent.: None Staff present: City Manager, Phil Storm City Clerk, Larry Martin C-ity & Traffic Planner, Adde Laurin Director of Public Works, Frank F1.nn.ey Assist. City Engineer, Bob Shook Chief Bldg. in6p., Bill Ben.evich Recording Secretary, Lois Inwards City A',to'rney., Sam- Anderson The City Manager_ iatrod.uced the new Director of Public Works, Mr. Frank F+'in.ric- . Pir�ti:r•es were Laken by the Press. III MINUTES : OF T Eo PREVIOUS i` EEETIVII S, -- Mar .11 1 8- 11, 1065 , Correction4, to the Mil'atf � -' ct- e s O Ma.�. c h �� �. Page 8, paragraph 2, Coi,,-ncilr.,pan stc,kcs said the applicant's name is Bob Sykes rather than Bob Saich. Page 8, paragraph. 5 , the C ? ty Man-ger said. this would be an increase of $3-40 per hour rather than 30¢ per hour. Moved by Councilman Stokes, seconded by Councilman Noel, to approve the Minutes of March lst as corrected. Motion carried, 5•-0 Moved by Councilman Noel, seconded by Councilman Dempster, to postpone review of t1le Minutes of March llth until the next regular meeting. Motion carried, 5•-0 IV ORAL .AND WRITTEN COMMU1,lICAIONS There were no oral communi.cations . 0 En Written Communications: 1. Invi..tat.ioiz to attend the deda_cat on ceremonies for. Bethel Lutheran Church c;n. Su?.d_ ,r,, !1�a: i:'.. li :h.,. at 3 P.M. 2. Appeal by Park Murray, on Planning Comm.i.sr:io -I s denial for application 4-z--65. Moved by Councilmana Stokes, seco-nc ed by Councilman Noel, to place appllcat,ion 4 Z7_65 on the April 5th. agen.da. Motion. carried, 5-0 3. Letter from Attorney John Ii,a.;rI's regarding a business license for D3,. Thompson for -in animal clinic on Sil-,ierado. Moved by Councilman Stokes, seconded by Councilr-o:a.n. Fitzgerald, to refer this letter to the City Attorney. i'lotion carried, 5-0 Moved by Councilman Stokes, seconded 'by Coi,.rncilman Dempster, to receive and file the written. communications. Motion carried, 5 -Fi V A. REPORT OF =F PLANNING COMMISSION Chairman Gates wished to defer his remarks until. Council reviewed each application. 1, ALPHA LAND CO.: Application 17-V-64 for. a Variance to allow 10.4' side yards. Approved by Planning Commission Resolution No. 245, March 8, 1965. Council Fesolution No. 1076. The City Planner said these buildings are already 1>u.i.lt and have this side yard width.. This does not conform with our Ordinance. The application originally requested subdivision and the variance to ally^, 10,41 mide ysa-ds, The applicant withdrew that portion of his a-p-J-1caLlon requesting the subdivision of the property. Chairman Gates said the R-3-H Ordinance, as it now stands, allows a higher densitly with ore lame lot -than if you split it up into small lots. An amendment to recki.fy this is forthcoming. Moved by Co-ancilma.n Fitzgerald, seconded by Councilman Stokes, to adopt Council Resolu:ticn. No. 1076, including the stipula- tion that the property will not be subdivided. AYES: Councilman Dempster, Fitzgerald, Noel, Stokes, Finch NOES: None Motion carried, 5-0 2. CPM DEVELOPERS: Application 2-V-65 for Variance to allow single family c.lu:=,tcr development, without increase in density; )L.76 acres at W end of Fiversi.de Dr. , (Deep Clif f e) ; also Tentative Map., Approved by Plai:_ni.ng Comin. Resolution No. 247, March 8, 1965. CoLiccil l,esoluti on No. 1077. -2- Mr. Anthony Guz a.rdo, 1;--93 U,,,Zion Street, San Francisco, pre- sented the Pla.1:1to the City He explained that th.e topography is 'crery steep and heavily w,-1-lded here and special eil,.phasia has been placec' on. r e terit_,r:n of the natural lay of the land ar�.d T .� e servation of tine trees. This develop- ment will be a very sophisticated a-o,c,.a with their own recrea- tion facilities. Ther3e is a cl.uF�Iter of hon)os in the center, with R-1 on the perimeter of the property. Mr. Guzzardo said they have done everything possible to orient the buildings with t}-le area. Councilman Noel asked how many large trees they would expect to remove in order to develop this. M-,-. Guzzardo said they did not plan to lose any of the large trees; the charm and livability here comes from the amenities of this site si it is to the advantage of the developer to retain its present character. Councilman Dempster askeJ if the developer plans to sell the lots or build on them. Mr. Guzzardo sai..d the developer will build the homes for th.e purchasers, Councilman Stokes referred to the Planning Commission condi- tions concerning parking and asked ho,-T they propose to enforce the parking restrictions. The City Planner said the lor)p street wil]_ be a public street so vae will have 'the services of the Police Derartm.ent. There will be no through traffic here and there will be signs to guide any visitors and the homeowners. The City Planner said that, during the Planning Commission Hearings, Comm. Small suggested perhaps if the loop street is made a o-ne-way street there could be one parking lane, one very wide moving lane, and no possibility for parking on the other side of the street. A little of the street width would be left over so that could be developed into a sidewalk on the outside of the loop. If the Council so desired.,, the City Planner offered to investigate this with the County Sheriff 's Office. The City Attorney quoted Section 1805 of the Street and High- ways Code, which gives requirements of public streets. Councilman Noel asked the City Planner i..f he approved of the 22 conditions set forth by the Planning Commission's Resolu- tion. The City Planner said that he did and, in addition, through a Minute Crde-r by the Planning Commission, it was requested -the City Council also pay particular attention to the drainage. One would have to have an easernient close to the boundary of the golf course. He said he has discussed this with the developer in his office. Chairman Gates proposed that Drawing #3 be made a part of the Development Plan, also. Moved by Councilman Noel, seconded by Councilman Fitzgerald, to adopt Resolution No. 1077, including the 22 conditions set forth by -the Planning Commission and, in addition: _.3 - M M 23 . Partic-alar care should be taken that the d:::.,.7.inage and sewage systeats are co'_7.struc't:ed -t0 of the City Engincer, the Sanit-a,.ry District and the Flood Control. D -.strict. 24. Map #3 is to be rrade a part of the Det-el.opment Plan.. AYES: Councilme-.O. Dempster, Fitzgerald, Noel., Stokes, Finch NOES: None Motion. ca.rr:i.ed, 5-.0 3. JOHN RODRIGUES, JR.: Application. 3-U-65 for a. Use Permit in a PC-H Zone; group of buildings for profes- sional offices a:r.,.d shops; east of Saratoga -Sunnyvale Road, opposite City Hall. Approved by Planning Commission Resolut-lon No. L48, March 8, 1965. Mr'. Rodrigues; presented his Development Plan to 'the Council. He said Phase One wi.11 include the first three buildings along Saratoga -Sunnyvale Road and appropriate parking facilities for the 180:1 ratio sct for the eisti.re develop- ment. This has been. passed by the H-Control. The architecture is very similar to the proposed City Hall, although he did not realize it at the time the drawings were being prepared. Roof materials will be thick, red clay shake and the exteriors will be of stone, adobe and brick. The overall character of the buildings will be maintained throughout the development, but there will be some variation as to materials and slight changes in the roof line in the various complexes within the entire Development Plan. It will remain the same within each complex, however. Councilman Dempster asked the width of the private road. Mr. Rodrigues said it 1.3 30'. Moved by Councilman Stokes, seconder? by Councilman Noel, that application 3-U-65 be approved, subject to the follow- ing conditions: 1-12 Standard conditions. 13. Uses allowed are professional offices, plus a number of semi-professional shops such as book stores, art shops, pharmacies. D:ig shops such as superriarkets, department stores, all--piL pose .d.rug stores i.Jill not be allowed. 14. Building height will be limited by requirements set forth in the PO-H Ordinance; that is, to 1-1/2 stories and/or 25 feet. 15. Parking ratio for the entire development will be 180 sq. ft. gross floor area to r--..ne parking space. 16. In addition to the 180:1 parking ratio, there shall be loading spaces as required by our Parking Ordinance. 17. More detailed plans for buildings and plantings shall be submitted to the Planning Cornmisa on for each stage � of the development; this shall not necessitate a new application.. 18. Above -mentioned plans shall be reviewed and approved by the H-Control Commission. 19. All utilities shall be un.dergr. ound. 20. Procedure for revisions is as follows: In the event that, the applicant shall. desire to make any change, alteration or amcndment in the Development Plan after it has been approved by the City Council as As a condition to this Use Permit, a twr ii ten request and a revised Development Plan shall be submitted to the City Planner If the size and general location of buildings is not increased, and the City P:l,anr.cr makes a finding that the changes are m:lnor and do not affect the general appearance of the area or the i.nte,re its of owners of the Development Area, the change on the revised plan. Lhe applicant may appeal property within or adjoining City Planner may certify the If such approval is withheld, to the Planning Commission. If changes are material, but the requirements in the Zoning Ordinance and previously imposed conditions are still adhered to, and the total floor area of buildings is not increased, the City Planner shall submit the change to the Planning Commission. If the change is denied by the Planning Commission the applicant may appeal to the City Council, as provided in Ordinance 002(a) of the City of Cupertino. A change in the Development Plan including change of requirements or conditions, or an increase of the total floor area of buildings, shall be processed as a new application for a Use Permit. 21. Adherence to the presented Development Plan is a condition for the granting of this Use Permit. 22. Temporarily undeveloped areas shall remain agricultural or be used for sonic -thing equally suitable and sightly until developed. AYES: Councilmen Dempster, Fitzgerald, Noel, Stokes, Finch NOES: None Motion cap ried , 5-.0 REPORT OF TI;E ARCHITECTURAL AND SITE APPROVAL COMMITTEE (See Minutes of March 9, 1965) 1. Application 172-HC-65, Humble Oil Company, 1330 Broadway, Oakland, Calif., requesting Architectural and Site approval to construct a service station, to be located on the northwest corner. of Saratoga - Sunnyvale Road and McClellan Road. H-Control Chairman Small said the Commission was not at all happy with the proposal presented to them on March 9th so a special meeting was called on March 12th to enable the applicant to come up with revised plans. The special meeting resulted in the addition of a canopy, all trash bins will be on the inside, planters were added and enlarged. The Fire Marshall passed the roof materials if constructed. as proposed, accoi°di.ng to Mr. Bill Rogers, representative of -5- \W M M Councilman Noel. asked if there was any choice of roof materials. Chairman Small said the or_gina.l application, over a year. ago, called for . -a mission tile roof. Councilman Stor,�s. otated that a precedent was established some. three morith.s ago .Uri:: 11 an applicant, after gaining the approval of the Planni.nZ. Commission, ma: -le some changes at the H-Control level, then learned that he must follow through with his original plans. He did not feel the Council could turn down one.appl_c.ant where economicsdictated some changes in the original plan . and than approve anotl-or under the same circumstances. The Chief Building. Inspector said the man who represented Humble Oil at.the H-Control meeting over a year ago had sat through a lengthy meeting with the Mobil Oil people and, when it was his turn, promised the H-•Control the very best, believing it was the only way he would get H-Control approval. Evidentally, he got carried away with his promises, which were unrealistic to his employers. Councilman Stokes asked the applicant if he was, at the pre- sent time, building in Los Altos and in Sunnyvale. Mr. Rogers said this will be the same type building as those except for the roof. Cupertino does not allow shingle roof. Also, the Los Altos station is block. Standing on his original statements, it was moved by Councilman Stokes, seconded by Councilman Dempster, to deny H-Control application 172-HC-65. AYES: Councilmen Dempster, Stokes, NOES: Councilmen Noel, Finch ABSTAINED: Councilman Fitzgerald. MoL1.on tried, 2• 2 The City Attorney advised Councilman Fitzgerald should vote in order to carry on City business. Moved by Councilman Dempster, seconded by Councilman Stokes, that application 172-HC-65 be returned to H-Control for further evaluation. Councilman Noel asked what should be done with .this then. Councilman Dempster said the Council should follow precedent. Councilman Noel did not feel we are going to have any more applications for service stations in Cupertino. Mayor Finch said we have no assurance of this so long as there are undeveloped corners in Cupertino. AYES: Councilmen Dempster, Fitzgerald, Stokes NOES: Councilmen Noel, Finch Motion carried, 3-2 Moved by Councilman Dempster, seconded by Councilman Noel, to approve H-Control decl'fions on applications 3-U-65 and 14 9-HC -64 . AYES: Councilmen Dempster, Fitzgerald, Noel, Stokes, Finch NOES: None mot-i.oh car.;';._-d, 5- 0 r VI PUBLIC HEARINGS A Los Altos -Cupertino Garbage Company - Franchise application with increase in a;J ]..c ra'Ge:, from $ 1 � li 0 t,) $1 ,75 . Mr. Steve Musanti, 101 First Street: Los Altos, said he felt he had stated all the facts in his letter a;:Id asked the Council if they 11ac any q(.;cs-i:ions. The Mayor asked for comments from the a'adience , Mr. John Tillman, 10846 South Blaney, questioned the difference in rates being charged Cupertino citizens -- some are as low as $1.40 and some are as high as $2,50 for the same services. The City Manager said there is a difference in rates between R-1 and duplexes. After further questioning, it was dis- covered Mr. Tillman lives in San Jose, Mr. Jim Small, 19872 Merritt Drive, Cupertino, asked if the garbage people would consider a trash day for extra prunings and things. He asked if there was some way to negotiate; for a trash day for other than regular garbage days. Mr. Musanti said this could be arranged and the charge could be pro rated among the citizens. Councilman Dempster was opposed to this on the basis that perhaps not all citizens would care to take advantage of this extra service and, therefore, Should not be charged for it. Councilman Noel wanted to know what other cities are serviced by this company. He was told they are: Los Altos, Portola Valley, Los Altos Hills, Wood-,,ide, Cupertino, Alviso, and part of San Jose. Mr. Ralph Beasley, 21613 Terrace Drive, asked if it would be in order to request an audit to see if the increase is justified. He was told this has been done. He then asked if it would be in order to perhaps put this out to bid, in case anybody else is interested. Mayor Finch said that the type of service rendered is just as important as the price; that is, it would not necessarily be wise to award the franchise to the lowest bidder because the service m.igizt not be as good. This franchise has been publicised and no other company has come forth with an offer as yet. Mr. Beasley then wondered if perhaps a 10-year contract is too long. He would rather see something in the neighborhood of 5 years with option after 5 years. Councilman Dempster asked Mr. Musanti if it was their intent that this increase will take care of the future 10 plus 5 years. Mr. Musanti said they have to purchase some new equipment and thE. banks will be more receptive to them if they have a 10-year franchise than if it is only for 5 years. He said he could not predict whether or not this rate increase would suffice for the next 10 years plus 5. Councilman Dempster asked how far ahead they have projected their costs. Mr. Musanti said it was for about 5 years. -7- Councilman Noel asked the applicant if they are contemplating a raise in rates for the other 6 cities when their contracts come up.. Mr. Musanti said they are paying more than Cupertino is now, and they intend to ask for more when those contracts come up. Councilman.Noel asked if the applicant would be at all in- terested in a smaller increase at this time. Mr. Musanti said they would not. Dr. Joseph Brown, 10365-Saratoga-Sunnyvale Road; Cupertino, suggested that perhaps if they get the increase the City could.insist.the citizens leave their garbage cans behind or just outside their fences, rather than out at the curb. Mr. Musanti said the cans don't have to be down by the curb. Councilman Stokes said the notice sent out by his company to new Cupertino residents states that they must be out by the curb Councilman Fitzgerald, along with Councilman Dempster, felt the service Cupertino has:been roceiving is very good; however, they must justify the increase in rates. They both felt that.10 years is too long. Councilman Dempster suggested 'there should be an annual audit submitted so that we would then know what the gross is each year. Mr. Bob Schoen, 20678 Shelley Drive, said he read about this increase in.the papers so he made a survey. Belmont resi- dents pay $1.50 per month for 1 can; Palo Alto residents pay $1.60 per month for 2 cans; Sunnyvale residents have no _limit and they pay only $1.25 per month. The City Manager said this is because the City collects the money. To summarize, Mr. Schoen said that most citizens in Cupertino are not against the rate increase but are quite interested in getting added service .for the pruninbs and things from their 7500 sq. ft. ranches. Councilman Noel asked Mr. Musanti, "If we go along with the $1.75, can we impose trash or lawn clippings pickup once a month?" Mr. Musanti said his company could not do this at the $1.75 figure. MINUTE ORDER (supplimental to franchise) Moved by Councilman Stokes, seconded by Councilman Noel, to have.the.City Staff look into the possibility of negotiations for trash pickup, to be paid for only by those who use it, since it would be unfair to impose -all Cupertino citizens with the added cost if they don't use the extra service.) Motion carried, 570 Moved by Councilman Dempster that the Franchise be awarded to Los Altos -Cupertino Garbage Co. for 10.years at the rage increased to $1.75 for'a 5-year.period, to be renegotiated by the collector and the City at the end of 5 years. The City Attorney advised that this was material and could cause a breech of contract. The motion was v-,*ithdrawn by Councilman Dempster. Moved by Councilman Stokes, seconded. by Councilman Fitzgerald, that the franchise be awarded to Los Altos -Cupertino Garbage Company for a 10- erwr contract, for a 1 „75 for -the next 5 years.and that the contract also carry a 5-yeas option clause and an annual audit of gross revenue. AYES: Councilmen Dempster, Fitzgerald, Noel, Stokes, Finch NOES: None Motion carried, 5-0 VII ORDINANCES AND RESOLUTIONS FOR ADOPTION A ORDINANCE NO. 305: Rezoning property of I. K. Ishimatsu from R-1:B-2 to PO-H; 2.7 acres, west side of Miller Ave., 1000' south of Stevens Creek Blvd. Second Reading. Moved by Councilman Dempster, seconded by Councilman Stokes, to have Ordinance No. 305 read by title only Motion carried, 5-0 This was done by the City Clerk. Moved by Councilman Stokes, seconded by Councilman Dempster that Ordinance.No. 305 be enacted. AYES: Councilmen Dempster, Fitzgerald, Noel, Stokes, Finch NOES: None Motion carried, 5-0 B ORDINANCE NO. 002(a-1): Appeal procedure for Use Permits. Second Reading. Moved by Councilman Stokes, seconded by Councilman Dempster, to have Ordinance No. 002(a-1) read by title only. Motion carried, 5-0 This was done by the City Clerk. Moved by Councilman Dempster, seconded by Councilman Stokes, that Ordinance No. 002(a-1) be enacted. AYES: Councilmen Dempster, Fitzgerald, Noel, Stokes, Finch NOES: None Motion carried, 5-0 C �OMTNANIC,E, iNO. 30LI : Approving the Annexation of Certain Contiguous Uninhabited Territory, Designated "Mercedes 64-5, Revised" to the City of Cupertino in Accordance with the Provisions of Section 35300 et seq. of the Government Code of the State of California. Second Reading. Moved by.Councilman Dempster, seconded by Councilman Stokes, to have Ordinance No. 3o4 read by title only. Motion carried, 5-0 -9- This was done by the City Clerk. Moved by Councilman Stones, seconded by Councilman Noel; that Ordinance No. 304 be enacted. AYES: Councilmen Dempster, Fitzgerald, Noel, Stokes, Finch NOES: None Motion carried, 5-0 D ORDINANCE NO. 302: Rezoning property of Angel Diaz from R-3-11 to C-1-119 one --fourth of an acre, approximately, north side of Stevens Creek Blvd., 4081 west of Vista Drive. Second Reading. Moved by Councilman Dempster, seconded by Councilman Stokes, to have Ordinance No. 302 read by title only. Councilman Fitzgerald asked if we have the dedication yet. He was told that we have. He then said that this property is up for sale already. Ile wondered if the applicant proposes to build the building he presented to the Council. He felt we should ask the applicant to come to the next. Council meeting and tell us what his intentions are, Chairman Gates said that the opinion of the Planning Commission is that to zone commercially a 50' wide piece of property on Stevens Creek Road will not contribute to a combined commercial development, on the Blvd. It was their feeling it would have been better if this property owner had gotten together with his neighbors and come in together with a plan. Mayor Finch said he always tries tojustify land use rather than consider individual plans because too often what gets built does not look at all like the plans presented to the Council. He feels C-1-H is proper zoning along Stevens Creek Blvd. The City Attorney advised that if we grant commercial zoning on this property and then decide it is not proper use of the property, we can revoke the zoning. Councilman Dempster said he is not in favor of going ahead with this Ordinance because he does not feel it is in good faith. If the applicant had come in and asked for rezoning on the strength of its location rather than deliberately misleading the Council by presenting plans for development of the property, it would be a different story. Chairman Gates quoted portions of Mr. Richarf Foust's state- ments from the January 25th Planning Commission Minutes. The applicant stated he had specific development plans and even had a possible lessee already. Councilman Stokes said he could think of several cases where what was proposed was never built. He wondered if a time limitation should be imposed on these zonings. Mayor Finch repeated that he felt this was good land use. He felt H-Control would decide whether or not its development plans are proper. -10- Councilman Noel. felt the Council did not have enough facts at this time. Councilman Dempster wondered if perhaps the zoning should not have been granifed at this time, hoping the Landowners would get together and come forth with a lamer development plan. Councilman Dempster feels we would be encouraging people to come before the Council with plans, etc., which they have no intentions of following through with, if this goes through now. If they want rezoning, strictly on the basis of location, then that is what they should present to the Council. Moved by Councilman Noel, seconded by Councilman Fitzgerald, to delay the Second Reading Of Ordinance No. 302, and turn it back to the City Staff to find out the intent of the applicant. AYES: Councilmen Dempster, Fitzgerald, Noel NOES: Councilmen Stokes, Finch Motion carried, 3-2 E ORDINANCE NO. 303: Recreating Park & Recreation Commission. Second Reading. Moved by Councilman Stokes, seconded`by Councilman Noel, to have Ordinance No. 303 read by title only. Motion carried, 5-0 This was done by the City Clerk. Moved by Councilman Stokes, seconded by Councilman Noel, to enact Ordinance No. 303. AYES: Councilmen Dempster, Fitzgerald, Noel, Stokes, Finch NOES: None Motion carried, 5-0 F ORDINANCE NO. 200(a): Amending Ordinance 200 Relating To The Sale of Fireworks. Urgency Ordinance. Ordinance No. 200(a) was read by the City Attorney. The City Manager said the Cupertino Optimist Club should be inserted where it now reads "Cupertino Variety." Moved by Councilman Noel, seconded by Councilman Stokes, to enact Ordinance No. 200(a), amending Ordinance No. 200. AYES: Councilmen Dempster, Fitzgerald, Noel, Stokes, Finch NOES: None Motion 'Car.r.ied, 5-0 VIII PAYING BILLS A Resolutions No. 1073 and 1074. -11- M Resolution No. 1073 was read by Councilman Fitzgerald. Moved by Councilman Dempster, seconded by Councilman Noel, to adopt Resolution No. 1073. AYES: Councilmen Dempster, Fitzgerald, Noel., Stokes, Finch NOES: None Motion ca,-ried, 5-0 Resolution No. 1074 was read by Treasurer Fitzgerald. Moved by Councilman Stokes, seconded by Councilman Noel, to adopt Resolution No. 1074. AYES: Councilmen Dempster, Fitzgerald, Noel, Stokes,Finch NOES: None Motion carried, 5-0 IX REPORT OF OFFICERS A REPORT OF CITY TREASURER He had nothing further to report. B REPORT OF CITY MANAGER 1. Legislative Bills. The League of California Cities requests the cities send in a letter with their recommendation to support or not to support the Telephone In Lieu Tax (SCA 17). Councilman Dempster wanted to put any action on this over to the next meeting to give the Councilmen time to study its ramifications. Mr. G. R. Mutz, 1650 Warburton, Santa Clara, said he represented Pacific Telephone and Telegraph Company in this area, and he urged the Council not to support such action. He gave statistics to back up his arguments. 2. De Anza Development Program. The off -site improvements would include the entire width of Stevens Creek Blvd., Stelling Road and McClellan Road. They plan to start work in August, after the crop has been harvested. In order to program this, L.I.D. has been proposed for all of Stevens Creek Blvd., all of McClellan Road and all of Stelling Road, to handle the increased traffic generated from the College. The City Manager said Dr. Flint has asked that the City pay for a soil analysis and an appraisal. Time is of the essence in this matter. Councilman Dempster asked if there would be any actual out-of-pocket expense to the City The City Manager said there would not. -12- Councilman Fitzgerald 'asked if th.'_s would also include the College right-of-way.. Mr. Cutler, Dean of .Scrvices of 1.1.ie College, said they are trying,to accelerate this^ogram, he was under the impression .it was the College that was underwriting the soil analysis and the appraisal. He said, the sooner the project gets going the sooner the City will enjoy its benefits. It was established the area in front of the park will be the City's responsibility.. Chairman Gates said there is a very good opportunity here,for the City to save some mature trees; one row of them is :almost in line with the center line of the street. He asked if Stevens Creek, at this point, will have a median strip. The City Manager said that it would and that.he will certainly look into.the possibility of saving these trees. Moved -by Councilman Noel, seconded by Councilman Dempster, to.direct the City Manager to inform Dr. Flint of Foothill College, that the City of Cupertino will give their full cooperation in programming this L.I .D . , inc lia.d-ng the entire width of Stevens Creek Blvd., Stelling Road, and McClellan Road. Our City Attorney will review all matters concerning this,L.I.D. along with the College's attorney. Chairman Gates asked if the Planning Commission could be involved in this. He was given a negative answer. Motion carried, 5-0 3. Old Pump and Water Column.at Mann Station. The Water Commission has recommended the City dispose of it. The City Manager has asked several ranchers if they would be interested in it. Some indicated they might be if the City would take it out, which would be of con- siderable expense. Western Pump has offered $350 for it and they will take it out. The City Manager recommended we also "throw in" the old verticle pump at Stelling and McClellan and we will cap that well. So moved, by Councilman Dempster, seconded by Councilman Noel. Motion carried, 5-0 4. Accidents at Rodrigues and Saratoga -Sunnyvale Road. It seems that we average about one accident a day at this spot. The City Manager asked -the Council to authori2e a traffic study for this intersection. So moved, by Councilman'Noel, seconded by Councilman Fitzgerald. Motion carried, 5-0 -13- 1%opi' 5. The City Manager suggested that there should be some liaison between the City Council and the City Hall Architect. Moved by Councilman Dempster, seconded by Councilman Fitzgerald, to have the City Manager act as the liaison between the City,Council and the City Hall Architect. Motion carried, 5-0 6. The improvement of the street on North Blaney is practically completed. 7. Mobil Oil has requested relief from the requirement of a masonry wall between their property on Stevens Creek Blvd. and Stelling Road and the adjoining R-1 on the basis that it will soon be rezoned. The City Manager recommended a wood fence would be adequate in this case. Moved by Councilman Stokes, seconded by Councilman Dempster, to eliminate the stipulation that a masonry wall be con- structed between the commercial and the R-1 for the Mobil staticn at Stevens Creek Blvd. and Stelling Road, but that the standard masonry wall is to be built if, at the end of one year, the adjoining property has not been rezoned. Motion carried, 5-0 8. Regnart Creek Culvert. It has been established that the Franklin -Windsor Development Company's portion of the cost of this culvert is $7,360.00. Moved by Councilman Dempster, seconded by Councilman Stokes, to authorize the City Manager to accept the $7,360.00 from Franklin -Windsor Development Company in conjunction. with the Agreement. AYES: Councilmen Dempster, Fitzgerald, Noel, Stokes, Finch NOES: None Motion carried, 5-0 9. Concrete curbs south of Calabazas Creek, in front of Fontainbleu. Councilman Stokes asked if the irrigation is in the median strip here. He was told that it is. Cost estimate for these curbs is $1,500. Moved by Councilman Dempster, seconded by Councilman Fitzgerald, to authorize the City Manager's Office to obtain bids for this job. Motion.carried, 5-0 C REPORT OF CITY ENGINEER 1. Tract No. 3128, Blossom View South (NW corner of Blaney Avenue and Merrit Drive.) -14- It was the recommendation of the City Engineer to authorize the City Engineer to inform the developer and his bonding company that the improvement bonds may now be retired. So moved, by Councilman Dempster, seconded by Councilman Stokes. Motion carried, 5-0 2. Tract No. 3322, Deep Cliffe Estates, Unit 2. It was the recommendation of the City Engineer to adopt Resolution No. 1078 accepting grant of easement from Deep Cliffe Development. So moved, by Councilman Noel, seconded by Councilman Dempster. Motion carried, 5-0 3. Angel Diaz property (north side of Stevens Creek Blvd., 400 feet west of Vista Drive.) It was the recommendation of the City Engineer to adopt Resolution No. 1075, accepting roadway dedication from Angel Diaz, et. ux. Councilman Stokes said this would be inconsistent with previous Council action at this meeting. Moved by Councilman Dempster, seconded by Councilman Fitzgerald, to.table this item. Motion carried, 5-0 D REPORT OF CITY ATTORNEY The City Attorney stated he has reviewed the contract with Mr. Blessing for the City Hall. E REPORT OF THE BUILDING INSPECTOR He, had nothing to report at this time. F REPORT OF THE RECREATION DIRECTOR He was ill and could not attend this meeting. G REPORT OF CITY PLANNER 1. The Cluster Ordinance was passed by the Planning Commission. As soon as it has been retyped, it will be distributed to the Council. Public Hearings could start April 5th. So moved by Councilman Dempster.,. seconded by' Councilman Fitzgerald. Motion carried, 5-0 2. Loopholes have turned up in the multiple dwelling ordinances. The Planning Commission has issueda Minute Order requesting -the City Council freeze this before soneon.e makes use of these loopholes, to the detriment of the city. The City Planner suggested a time limit be placed on applications, co-rAng in from today, on. Moved by Councilman Dempster, seconied by Councilman Noel, that as of this date, any new applications under R-3-H, R-24-H, rezoning and tentative maps, will be subject to low the revision nog beinf made at the Planning Commission level. Councilman Noel requested a copy of the Ordinances as now read. Motion carried, 5-0 3. Chairman Gates intiated a Minute Order suggesting the freeway periphery gives the impression of a city to passersby. This has a material value to the citizens of Cupertino. This Minute Order was triggered by the appli- cation for use of land next to the freeway and the corporation yard, for a welding supply company. The Planning Commission feels the City Council should consider relocating the corporation yard because at this point the freeway rises and it would be quite difficult to hide the corporation yard with landscaping. The City Manager said he has been looking for a suitable location for the corporation yard for 4 years and still feels this is it. He feels it can be effectively land- scaped; the freeway isn't scheduled to go by here for 10 years and by that time, the trees and shrubs will be matured. Councilman Stokes said he understood that if it was decided this was not proper use of the property, that it could be sold by the City and a new location sought. Mayor Finch reminded the Council that the State Corpora- tion Yard will be where Stevens Creek Freeway meets Stevens Creep Blvd. Chairman Gates argued that if the corporation yard goes in here it opens the door for other, similar uses. The City Manager said we must have the service centrally located and he cannot think of a better location for it. Mayor Finch felt that, primarily, it is. how it is treated that really counts. Properly landscaped, it does not have to be an eyesore. Councilman Stokes felt the Planning Commission was justified in requesting a study on relocation of the City's corporation yard. -16- X UNFINISHED BUSINESS A. Councilman Noel wanted to know if there has been a replace- ment for the vacancy on the Water Commission yet. He was told this has not been done as yet. B. Councilman Stokes said, as far as he could see, nothing has been done to clean up the property by the freeway and Blaney. This was referred to the City Attorney. XI NEW BUSINESS A Mr. Ralph Beasley said his area was generally opposed to the service station at McClellan and Bubb Road. Now a survey has been made asking the residents if they would shop at this corner if a shopping district were developed here. The City Planner said the area south of McClellan and east of Bobb Road has a five -acre parcel zoned commercial. XI I ADJOURNMENT ATTEST: Moved by Councilman Stokes, seconded by Councilman Noel, to adjourn to a personnel session at 10:45 P.M. Motion carried, 5-0 Moved by Councilman Noel, seconded by Councilman Stokes, to adjourn the meeting at 10:50 P.M. City Clerk -17- /s/ Paul H. Finch Mayor C I T Y 0 F CUP E n T T N 0 - c? :':'..fc.·l~::""~_a 1032l So. Saratoga-Sunnyva,~ Rc~~ Cupertino, Callfornl~, ~014 ph: \': ~ !..:" .' ~ ~) 23~~·L:5C5 . MINUTES OF THE ftEGULAR Þ'....,.'£lNG OF ':':.:;:; CITY CC,;;¡:;;IL - i~!it'c;' 15, 1965 PLACE: Board Room, Cupertino Scho~l Distric~ l0300 V1eta Drlve, Cupcrtlno, Callfc~nia TIME: 8:00 P.M. I SALl'TE TO THE FLAG The Mayor asked e\'e~y"na to Join hIm jn SllC:1t pra:)'er for Supervisor Ed Levin. II ROLL CALL Councilmen present: Dempster, Fitzgerald, Noel, Stokes, Finch Coun~11men absant: Núne Staff present: Clty ~nnaGer. Phil Storm C ~t~t CIE::rk, Lar~y :·!3rt1n C 1 ty &: 'rro. ff.l.~ Plar.!-,er, Adde Laurin r;l:cc~to'[" cr P._lh2il' ~~.:.::.~ks, F:",'].!"'.k Finney A~s1,:~. C:~j. b.:j·· ~~r, }Job 2hùok Chief Bldg. Ii1sµ., Bill }3ef'.8Vlch ':>?cc"':'::"~·- Se!"~::-..:-tr-""y, I.o.ts Ira·!ards Cl~~ ~. t~,~~·:~, :.m An~pr~on Tte City Iw".anagcr Ifltl'Jo:l~ced tl'<2 1"_' '¡ ;)~:"-'cct,_ . c:..'" ?.A~'l;~~ Works, :.~. Fr'arJc ¡"::nrl.t;~'. P~,~t:~:r~s \'Ic!'e i.akcn hy tre :C're'-,3. III :·IIWJTES OF THE ?~Z,/I(1US ...::::::~nJ~ _ /3:-C~1 1 3; 11, l~16j. Correction3 to the Mln\!~f.:5 0:' ¡'£.T'ch l~'-..: Page 8, paré.gra;:r_ 2, Co\:..~ci1r.~n sto-kef> "a~d the app) icant 's name is Bob Sykes rather than Beh Saieh. Pag.. 8, paragraph 5, the City Manúger said this would be an increase 01" $3.40 p"r hour rathe:' than 30¢ per hour. Moved by Councllman Stokes, secondeå ty Councilm:1l1 ~Io')el, to approve the Minute3 of ~2rch l3t as corrected. Motion carried, 5,0 Moved by Councilman Noel, 3cconded by Co~~cilman Dempater, to postpone review of t~e Minutes of ~~rch 11th until the next regular rneetlng. Motion carr1£å, 5-0 1"] ORAL AND WR!TTE..'i cc..¡.t,~..;r-:::C.:~.?IC~S There were n() l,ral CO:!1,,,:."~¿tic!'.s_ -l- Writte~ Co~tn1catlo~a: 1. Invitation to attend the ~ed1~at~on cercT~n1e8 for Bethel Lu';;heran Cnurch on Su.~d":" .~,,:-1: !,th, at; 3 r.M. 2 . "ppeal by Park !'.a.1:T3Y, C!l Plar:.lng COllCl1s31on's denial tor application 4-Z-65. MoTed _ CCNIICllan Stolœs, lMtCond~d ~7 Cwncllman Noel, to place applIcation '-z-65 on tile .11 5th agenda. Motion oarr1ed. 5-0 3. Letter troa Attorney Joh."1 Bay~:: reprd~g a bua1Deee l1cell84l tor Dr. !boIIpeon tor an animal cl1n1c on Sl1ve1'340. MoY1td _ COUo'1cllman Stokes, secome:! by Ct.WlCllJDan l"1tzgerald. to reter th1a lette¡' to tt'.e City Att?Mle7. Motion carrled, ~-O Moved by Counc1lman Stokes, seccnd~ù by Coun~:lman Dempster. to receive and 1"ile the ..--rltten ceeDun1cat:ona. Motlon car!'led, 5 -', V A. ;¡:;PCRT CP TEE PLÞJ.'NI~G CO;·::::SZ:CS Chairmn Gate8 Nlshed to defer his :'e!!"ark~ u::tU Cc';~:U !'e.iewed each a~plication. . .. ALPHA :';'1;;) Cu.: Ap;>l:ca~ion 17-'1-64 fc,," a ....arlar.ce to allow 12.4' s~je y::.!'d8. ;'ppro\"ed by Planning CO::::::i3sion Re&olut~on Xo. ~1.5. :'I.arch 3~ 196:h C."u.r.cl1 Resolutlcn So. 1::>76. The City fh:::¡e~ 3a:d th"se l.uilding:! are a)_rt'ady tunt ar.d r.ave t.hin s!de :~rd wt~!h ~ ':f¡4 3 dvt'!~ i1ct conform with our ('r:1 "'..~..ance.. T":~ a;>plic°'= t...L ::.-. 01'.~ '~~,:·;t.lly :"~~\"'eu~!:d zubdlvls1cn and the variance &J allCJw lO."~ I <,Ue iL'·'~;¡. The appljcant wIU·.jl'ew that ~')rtlon ot his app:a~ai;:o:l re.:¡ucsVng tt;e subdiviaio"1 of the ?roperty. Chalrman Gates said thp allows a higher density It up into Bcsll lots. forthcoming. R-3-H O,.d1l'~r;,: ~, a·c ,t noW stands, with one largt' lot than if you split An amendment to rectify this is Moved by Councl1man Fitzgerald, seconded by Coun~ilman Stokes, to adopt Councll Resolution No. 1076, Including U.e stipula- ticn that the pr~perty will not be subdlvided. AYES: NOES: Counc1lmen Dempster, Fitzgerald, Noel, Stokes, FInch None Motion carried, 5-0 2. CPM DEVELOP~~3: Application 2-v-65 1"01' Variance to allow single 1"amily cluster ~evelopmen~ with~~t increase in density; 1!.76 ac,-es at \J r,1'1d of Fjverslde Dl'" (Deep Cll1"1"e); also Tentative :~;>. Ap;;ro,ed by Pla.on1ng CO~ft. Resolution No. 247. March 8, 1965. Councl1 Resolut1on No. 10;7. -2- ~7. A~th~nl Gùzz~~~~, ~2~: ~~1on Str~et Sa~ ~·~~~1sco, Frc- I ~èi-.t,-:<.l t.h...: -¡'('1~',';_.'·";·~:i?: ....;: t}:f' C!;;! CG:..!.;-,~11. He explained t:-.at t~e t.-:.ço[:r:.A~{:"! ~.'J ':~'.- !-\tt'er ~ ,~ rr;L1....·~..l~,· ..,,--..dE:d. r.ere and special etr:pha.cia ......a.u bs¿:"'. ::..:!:::-::.: ':':": .,;'\~~...!'. ~ of the r.atural lay c1' thE: :..and aj.~:! f-re::.-:·t"v3:'tic!"!. or :.:..,~ t¡"t,;:t:~. This dcv·elop- !œ::t will be Ð. ....~r:! sOl :-~.:~:;:att:d. 3-;:"ea with ;"he!r cwn recrea- tion facl1ltlea. Thc,~ ;", .~ C:!.l;ter of b..~,:·~. In the center, with R-l on the perl!!'.etc~ ,,1' !;r:.e prC>¡Jert;r. Mr. Guzzardo sald they have done everythlr.g ¡:.ossib:;.e to orient the buildlngs with the area. CouncllJ:!ar Noel asked how trany large trees they would expect to remove in order to de\"e:op this. Mo". Guzzardo said they dld not plan to lose any of the large tre~5; the chaL"m and l1vab111ty here coœs trom the 'lmen1ties of this site u') it 1s to the advantage of t~a developer to retain its p~eee~t cr..aracter. CC1J!".cllman Dempster aske,~ i:- ~he devel:J..c·r plans to sell the lets or bulld on them. y~. Guzzardo sald the óeveloper will è~:d the homes 1"or the purc~ase!'s. ': :;-·....r:--ilmD.n StokeE r~rer~·~j, to -~ r.e Pla:¡;..1r.:; CC1:':11ss1on c,,:1J1- t~...:=-s CC!1~£I·n~:1g parkir.g a:-.j 2::::~:e~ ho··r t~,-::·:~ .~C()~(\3e to enforce ~:-_~ ;.arking re:!tr1ctlcns. 'ît:.:: C:1ty j'::"__ .,-':!r' ~,~::~ i.:.'1e ) "',"P ~::"~-:,,,:" will ".:;~ a p'Lòhl!.c st:"'eet so \ol£ wil: h2.,~c the E2rvlce3 :;-:' : :~e reI ~ce De,;~: t:.:ent. :,r.\..-;'e wil) 'hP. no tr...ro'Jg~ tr~ffic r:~:'-? ~.:d ther~ w.:.l:l. :)12 s~ ..-';: ~o ;'_:..'.'': ::~~y '¡-'.:--.~.-(."':':J (-H~d t.he r.:::¿. c"^":':.ers. ::-.? :::J r'lar~."":· ~a:'j tr_¿-~. .i-..:.r.~rg tLe PlarmlrJ-ß Comniszl(-n E:--:'::~R, CDrr.~;.. ._~'-âll ~ ..,-.~ ~·...ej .' ..·till.p~ ".f ~ :.12 ':0C'P 3tr¿c~ 1~ ::"..l...;.ê a o.'e-Wá.:"" ~":rec::' r~:-:':~': '.:_....;:d ~>:' .~;.,_ ¡..,ar .t~l"":,,-; l~n1c, 0:-.-: ·;2:'Y wide ,::::::ovlng 13.:"..e, :.:~è. FO~,;...::';jJ::.t:r fl.:' 1-;.1.!~kjne (,n tL-:? ::>~!" slje c~ th·-: r-tr¿-'\. .-=t l!.t~,le of +...(.1'; str'-'et width ft"c¡;.:':' be lE=ft Cvt.¡" S(, '"h~~ ('C;lJ 1~'-, d+:::9JE:1.:;p;_j into a sidewalk C:'. t:-.e ct:.csld....: c·~· t:-:.c }00~. If t~'e CC...!L~j: S0 àesll'?d, thr;! C1::.· ;lar.ne!" u~f"ercd. to 1:-:"~.st.1ß:~.\:e I".IJ:'~ ;.¡it.r.. tt,t County St"~::~'S Office. T:.e :~.ty Attor!:.~:: quoted Se.::tlan l8G~ of tr:. '::'tr~ct and Fl~h- wa:..õ :~je, \.hich glves req,.I1l'e:r."Hts of publi2 s':reeots. CC-,,:,=-.,-'~:ma.n Noel aE~~ed the C:!.ty Planr'::~ ~f fj-9 approved of the 22 ::~j~tjoús set forth by t~e Plannlr.g Cc~~~~s~onls Rc~olu- t~c:-.. rhe City Plar.r.er said tha'~ he did ar..d, 1:: á.~~1ti0n, tr.:·:·c,;c. a Ihnute Crd€~ by the ;'lapi1~ng Corr.n:isslon, it was req"":'t:' :;:~ed the City Counc ~l a l~c F"iY ¡:-arr.1cula::, atter..tion to tl':.e :':-3.1nage. Cr..e ~/ould. }~a\~e t·~ have £on (:a~e~,€n+:: close to the '::e:.:r.:lary 01" the golf co¡;.r,,,,. He iJa:::I ¡-,e r2~ r\l<,v...ssed this ~ith the developer in his office. Ct.a::..r~.a~ Gates PI".)[..·oseJ. t::ac .Jrawir.g :7"3 be ::i~.1e 3. ¡:art of tr.~ :t~elopme~t Pla~, ~l~D. ~~c\-e': '!:... ::'-O\.:nc!l~_¡:"'; N'o<eJ. ;::( _ c!".Jed 1::',{ C()·...:.nc~1::'.a!l Fitzgerald, to a'::;.<: ?esolui:tor. Hc. :1...'::, !.l~~_~:;'J.':'r.g t!..~ 22 ccndlt1on3 set rort~. ::'. :.he Plé'_:1:"'.in3 C...,::~:.-:":-:;'}1::: .~:.;', ~l. .-·:;':j!.t1c!'l: , .. ,- ^- ~-j. Pa:'tlcü.lar C~~ ::¡,hou: ~ L.C ta}r~.~. ~;hat tt! \1....~1l"'.:3.ge and newage zystt;;~ ar~ co~~tr~te;~ tv 1;~~ :: :..1.::"....::'~~1c;:, of t}~e City E..~1::~e:", the S3!".it:lry D~t:t.~1ct and. ~he Floo1 Control D~~~~~:~. 24. Map #3 111 to ~ ¡'':.~e a ;;ari. ,-i' ~t.e De'{!!1opment Plan. Ar~: NOES: Counci1r::-..n Dccpllter, Fitzgerald, Neel, Stokes, Finch None !5otlon ca:oried, 5-0 3. JOIIIf RODRIGUBS. JR.: Appl!cat1on 3-U-l6 ~or a Use Perm1t 1D a Ie-B Zone; croup ot bu1ldlDp ~or protes- slonal ot1'~ and ahops. east ot Saratoga-Sunnyvale Road, oppoan. C1t)' Hall. Approved by P1amW1g CODR1ssion Resolutlon No. 248, March 8, 1965. M!'. Rodr1gues presented h1s Develoþment Pun to the Council. He sald Phase (be w111 include the 1"ust three bu1lù1ngs alon¡; Saratoga-SwllQ'vale Road and appropriate parking 1"aci11ties 1"or the 180:1 ratio IIct 1"or trÆ er.t~re develop- ment. This has beer. ¡,acned by tt,~ H-C::'ll":rel. TI".e architecture ir nry slmilar to the proposeå Clty 1'.1111, altho~h he did no. !'ealize it at tr.~ tlme the draw~s were be1ng p!'epa!'ed. Roof :::a.terials w';'l... :>e thlck, red cJ':! shai.', "r,l the, exteriors ,,·i:: :e of stor.e, aë:.be and brick. The o\'·.¿:a~l cr.2.::·.1c:'~r of the :~~ldingo will :e ~1ntained thrGugho~t :h~ ~ovelop~nt, but ::-.e~'e wIll t(. :.:.:e v~r:tat1o!'l a~ to materials and z11ght cha:-.g~5 in t;he =-~(.,~ :1.~c 1:: t!:e \ ~r·:tous c :.:-:.tJlexes .....ithin the ent~:'e gevelop:r~:-.t :' --é.n. It wi~l rer.;al:1 the sar:.e within each cc~~:e~, however. Cot::".:~:t:".an Demp3~e:- 2~¿~d the w::'~i-:h of the ;:-:-ivate road. Mr. E:~r!6ues sai~ ~: ~5 30'. r·1ove':' :y Councl1t:".d:". :tOØrf:~8.. sec'::1èed by Cou!'".c~l:r.ar¡ l\ùel, that ;"plicatlo~ ;-~-55 tc approved, 3uhject ~o the fellow- 1ng :=~,::1t1ons: l-lZ 13. ~~a~dard ccr~~~~:~s. 14. ~ses allowed a~e pro1"cssior41 offices, pl~ a ~umber ~f se=1- )rofessi:::~a:' sho?s su~h as '00'< stcres, art shops, ;~4ra:ac1es. Big I!hOP3 such as supermarkets, department s::1'es, a11-pu!'~ç~e drug stores will no~ be allowed. =.:i:ding he~¡;ht "::1 be li:r.oted by requlrell".ents set :"'::-th in the PC-:: Ordlnan;;e; tha t 1s, t:ç. 1-1/2 stories .i~~/or 25 feet. r&!'~1ng ratio !o!' the entire development ~111 be 180 sq. :'~. gross tloçr a:-ea to I.r-I! parking space. :~. a.ijlt1on to ':;!",e l30:1 parkl!',g I'at1o, t-·.e!'e I.:ha11 be ::.a:i1r.g spaces as required t.y ,,= Park1./:g (:~.=, inan:e. !/::!'c detailed pla::s 1"01' buildlngb ard plantlngs sr~Ül te submitted to the Planning COr.~is3icn tor each stage c~ the develcp~~:; this shall ~ot ne~ess1tate a new a;;:li:::atlon. ~t~vc-mentioned plana shall be reviewed ar~ approved by t¡-~ H-Control Co~-1l1øion. A:: util1ties :¡b:'l be U!:C:er¡:;rvund. -4- 15. 16. 17. l8. 19. 20. !':'C'Cd·,rc !'or ~c'¡islo~!r. 1s as follows: Ir. the even~ t}1at the ~~ :J?llca :; ~~a¡~. d~31re to maice a::y c~:1nge, alteration or a;--!_,¡jr.~n~ in the :Jeveloptœnt Pla~ after it toaD begn approvec! by the City Co-.mc1l as as a condit~o:j to t:,t¡¡ Use Per:n1t, a ttr! tten request and a rnised Development Pl::.n s'vill be suh~Lted to the Clty Planner. It the &ize and general locat1on 01" hu1ld1ngs 18 not 1ncreaH4, and tbe C1ty P1anrc::o makes a t!nd1r.g that tbe changes are II1l1Or and do not attect the genera1 appearance ot the area I)r the Interests ot owners ot propert7 w1tbin or adjo1n1ng the Development Area, the Clt7 Planner -7 cert1ty the change on the rev1sed plan. It sucb aPFoval ls withheld, the appl1cant may appeal to the Plann1r.g Colllll1.s310n. I1" changes are material, but the requlrell'.ents 1r. the Zo~1r~ ~lnance and previously imposed conditions arc still adhered to, and the total floor area of bul1dingD is r.ot increased, the City P1anner shall 3ubm1t theœange to t¡-.e Planning Co~~ission. If the change is denied by the Fla!'.ning Conr.issicn tLe appl1~ant my appeal to the City :cuncl1, aD pro\'i:.!E:d ¡n Ord1m"ce 002 (::) .,f the C~ty ~f Cuperti::o. A ~~~~ge in the ~eve~~p~ent Pl~~ ~rcludi~ cr~r~e of rec;:...;.i:-err.ents or cor.dlt1.:-,ns, or an InCrea3€ of tt~e total tlc'~ ,rea of buii~ir~s, snaIl be processed as a !'.eW apr:~~3tlon fçr a ~3C PErmit. 21. Aèr.e~e¿ce to the ~~esented ~cvelcp~cnt Plan i~ a cc~:~tfon for tt.e ~~anting of this Use Pcr~lt. Te~;~~ar11y undC7r:oç~d areas s~111 rewaln a3rl~~ltural or te used :01' s:~=thir~ eq~11y sulta~le ar.d sightly unt:: developed~ 22. AYES: NOES: C:'J::cilmen Derr.pster, F1tzferald, Note 1, Str,kes, Pi:1~h ~c:-.e Motic:: ca!'ried, 5-0 B. REPC,,': OF THE ARCHIT=;CT:JRAL AND (See :':inutes ot ¡'.arch 9, 19(5) C"............ ....'..1.... APPP.CV;'L CC¡'~nTTZE 1. Appllcation l72-~C-65, Hümble Cl1 Corr.pany, 1330 E!'cadway, Oakla~, Ca11f., requesting Architectural a:1d Site approvai to construct a service statlon, to be located on the r.orthwest corner of Saratoga- SU!'~yvale Road arñ ~£Clellan Road. H-Contrcl Chairman S~ll sald t~e CO~i~3ion ~~s r.ot at all ha;;py with tr.e proposal presentE:d to them on ~~rch 9th so a special meetir~ was called o~ ~~rch 12th to enable the applicant to co~e ~p with rc\'ised plans. The special meeti:,.; resulted i:: the addl~:or. ot " canopy, all trash bins will be on t!1e inside pJ.ar;ters uere edJ,=,d and enlarged. The Fire ~~rsha]l passed the roof lI'.aterials it conatr¡;.cte1 as p~~posed, acco~dL~g to ~. B1:l Rogers, represe::tative 01" H~b12 Cil. -5- CC1;ncll:-a:1 ~"el a¡¡k~c! lr thet"e was any choice 01: roof ~te!'ial~ :halr:-.a:-. :':,.1 ~a1~ tile c:,!gi=-.al appl1cation, over a -¡car ag?, called fc~ a ~~~~ic~ tile ~c~f. Counc11~~ Sto~es ~ta~e~ tt~t a þrccedcnt wa~ estab113heð some th:'ce ::onths at;o t<t.en an appllcant, after galn1r.g the approval ot the ¡'lamdr.,: Ccaø.1ss10n. cade Sc¡¡t8 charges at the B-Control level, then learr.ed that he Inu...t follow through Id.th his orig1nal plana. F..e c1id not reel the Council could turn down one applicant where ecoDOlll1cs dlctated Bome changes 111 the original plan and tben approve another under the same c1rCUII8taœes. '!be Ch1et a..11d1ng IDapector said the man who repreaente:1 Bulllble 011 at the H-Contro1 _t1.llg over a year ago had sat tbrough a lengthy œet1ng nth the Mob11 011 people and, when it was his turn. prom1aed the H-Control the very best, believing it was the cnly way he wculd get H-Contr01 apFoval. Evldentally, he got carried away wlth his promises, wh1ch were unrealistic to his employers. COl.:llcllca:: Stokes aSked the applicant If he \'/as, at the pre- st"nt tir:-.s, building in Los Altes and in Sunnyvale. Mr. Rogers Eald this will be the S~~e tT~~ building as those except for tt~ roof. Cupertln0 does ~~t ~l¡ow shl~01e roof. Alse, ~he Lc3 AltC5 st~tlon i3 blocE.. Standir.g ::: nls 01'1;;1:-.:1 ~:a~e~r.ts, :_t was move-d by C·~cl1=a~ 3to~es, se~cr-1~j t7 Co~~cl1~n De~~Hter, tc ~~~V ~-Cont~2: :?plicatlc~ 172-~:-~5. ~lES: ::·:.~~l~~n De~ps~~~, :~~¿~=, S:ES: ::·=.~":':'rr..en Nc~l, ':1:-.=:-. ~TAI~==: :our.c1lr.a~ Fi"z~e~":~. ~J~~C~ ti~=, 2-2 ~}~ City ~::~rney advis~~ :~~.:1~n Fitzgerald should vc~e 1~ orde~ :: ~arry on ::'~y ~S~~~5S. ~~ved by :c~c!lman ~e~ps~e~, secor~ed by C~unc11~a~ Stc/.~s, t~at ap~:~:atlon l72-H:-65 te returned to H-Control for f'·zther e·.-a:~t1f'n. Ccuncl1=ar. ~ee1 asked what s~,~ld be dor~ ~ith this then. Councl1=a~ :'empster saij tr~ :~~cil should follow pre~eje!'t. Cour.cil:r.a~ ~oel dld not 1"eel we are going to have any :ncre applicatlc!'~ for serv1ce statIor~ In Cupertino. ~ayor ?1r.ch aald we r~.e no assurance ef this so long as there are undevelc¡:e::' corners 1n :¡;.pertlno. AYES : NOES: Cc~.cllmen Dempster, i'ltzgerald, Stokes Cc~_:il~n Noel, PInch Motion carr1ed, 3-? Moved by Cc-uncll:na:l DeCl;.ster, seconded by C01mcilman :!,;,e 1, to appr~\e H-Control jecl~lcr~ o~ a~pllcatlons 3-u-6S and l49-HC-~. AYES: )iCES: Co~.c1l~n De~pster, P~tzüer~ld, Noel~ Stokes, P~~h Nc::-:e Motlcrl ca~ied, 5-0 -6- 7I PUBLIC ~S~¡!¡GS A Lû8 Altos-Cupert~no 3a=DaEe Co:pany - Fra~chise appllcaticn .~th incre~se in basic ra:~ fron $l.~O tr, ~1.75. Mr. Steve ~~santl, lOl First St!'eet, Loa Altos, said he 1"elt l1li bad stated all the 1'acts 1n ltls letter ar;d asked the CGancll if they had an)' questions. ~ Mayor £sked tor CO_%:.1;1I trom the audience. Mr. John 'Pt11_n, 10846 South B1aDe7. questioned the dltterence in iat:es being charged CU~1no cltlzenc -- some are as low _, _ $1.40 and some are a8 Mgh as $2.50 1"or the same servlces. ~ City Manager said there 18 a dlt1"erence in rate8 beto;~en B-1 and duplexes. Arter further questloning, It was dls- cowered Mr. Tl1lman Uve8 in San Jose. Mr. Jim Sma 11 , 19872 Y.er!'itt ¡)rlve. CupertinO, asked it the sarbage peo~~~ would cor~:~er a trash day for extra prunlng8 am thlngs. He asked 11' there was some way to negotlat" for a trash day for other tt.ar. regular garbage days. Mr. Musanti sald this ~ould be a!'rar~e~ ar¿ the charge could be pro rated a~ng tr.e cltizens. C~U!'.~::~n De~pster was opposed to this or. the tasis that perr¿ps r.~1; all citizens ~ould care to take aë.var.tage ::>~ this ext:"a s;;:""V"lce and, th€refore, :..::bould r:ot be crA:"ged fer ~t. :~-.:r,cill:'.ar. Xcel wante:: :~ serviced b:. this co:;,."",.::;. ?~r~ola Va:l¿y, Los ~:~cs a.r.ë part ::>1.' Sa:"l Jose.. ,:r.~w .hat other cities are ~e was told they are: Los ~:lls, woodside, Cupertino, Alt-:.s, ';lv~so, ~. Ralp~ ~~sley~ 2:é:~ _~~ra~e Drive, asked if it would t~ ~. crder t~ ~equest a~ a~i~~ t8 s¿c ~r the increase 15 :~tified. ~e was to::: :~:~ ,-~s beer. c:.one. He then aske:: if ~~ would be 1~ order ~: ~~~~2~~ put this out to bid, in case ~r.-Jbody e:s~ 1s 1nte!'~s~e~. :2Jor Finch said that the tJ;e ~r service re~jereà ~s :~~~ ~~ i=por~ant as the r~:ce; tr2t ~s. it wculd r.ot nccs~.::.:'~::· :': wise to auard t)le frár.c:--.ls~ :~ the lcwest bldder te~~~êe ~~e serv~ce ~Jght ~ot be as g~o1 7:-":'5 franct:ise has be~:-. ;.~ :~~1se:1 a~ no o'ther CQ:!:pa!".:; !".:;'s ::o:e forth ¡..lth a.n of:"'~:, ~s :-~'t. ~. Beasley then wonëe~e~ :~ ;e~r~?s a 10-year contract ls ";00 long. He would rat::e!' s~e s::>::>ethinc in tpe neignbcrr,~<:>d ~r 5 years ~~th op~lc~ a~'t=~ 5 years. Co~cilman ~e~pster aSE-ej ~~. Xusanti if it was their 1r.ter.t that this l~crease w~l: t~/~ care of the future 10 pl~s 5 years. ~:r. ¡':usanti sa:c\ t:-.ey have to purchase some new equj.pment a~d th<. banks w~:: be more receptive to the'1l if they have a lO-year f!'a!'~:::~e than 11" it is only for 5 years. Be said he could not pre~ic~ wtÆther or not this rate increas, would sut1"Jce for the r.ext 10 years plus 5. Councilman De~rster aske= :-~~ far ahead they have projecte~ ~be~ costs. ~b. ~ruza~ti ~~è it w~s for about 5 years. -~- '!!-' ,> , Counc~:=;':: Noel askeé '::::æ "i'Plicant it they are contea::platir.g a rais'.õ :.:. rates fer ~ ~her 6 cities when their contracts come ',;:;. :.!r. Musant~ sa.::: they are --;:aying ~re than Cupertino 1s nc~, ~-r; they 1nte~ ~:; ~8k for more when those contracts come ;:.;:. . Counci:::a::. Noel aaked :J tœ ~?:)licant \lCuld be at a11 In- tereste:' 1::. a smal:da- '---- Ul!le at this tln:e. Y.r. PJuBantl aald tb:¡ yould not. Dr. Joæ;à Bz.oown, 103ii5 SiU'atoga-Sw:.qvale Road, CUperUno, II\Igg8S~ that perbapli ~~ Cbey ge t the 1ncrease the C11:7 could iJ:;s1st the c1~SsIe_ leave thelr garbaë;~ cans behind ... just :uts~dethe1.r~· e.. rather than out at the curb. a-. Muaa::tl said the caDI! :!cJD't- have to be down ~ the curb. CouncilE: Stokes 8&14 ~ DOtice sent out by h1B c~Y 'to new : -..ertlno re....-. a1:ates that they must be out by the c=~. Counc~:::a:: Pitzgerald. !Ù.cog with Councilman Dempster. f'elt the se:'7~:e Cupertino !:aJ! ~en receiving is very good; boweve!'. :r.ey must ~1-~ the Increase 1n rates. Tbey both f'elt t¡-¿~ :0 years 18 ~~ long. Counc1:",,-~, Jempster s-~s<;.e:1. there sh~'-lld be an ar.r.ual audlt .-.:::~tted so trz,: ye v:1"olld tOOl'. ;a:OI< what the g:<,css is e":~. : ~:._ . ~. B:: ":~oen, 20672 !=e::~7 Drive, sald he read a~a~': thi3 ~c:'ea:~ :.:: the paper~ ~': ~_-: :r.ade a s".l:'vey. Bel~o~t res1- -:'ents ;:~:- .:.50 per ==.:: ~:!' 1 can; Fal: Alto res1:J.ents pay ¡ 1.60 ?ö~ -:::~.:h for" : "-~-'; 31.:-.nyval~ ':'2s1dents r.av,", ~-: :imit E.:1d t:-.¿:- ;¿:t only $1.~5 ;~= :::~nth. T:-.2 ":lty :wb:-..aCe:- sa~:i -;h1s ~~ :~:::use the C~~7 ==l:'ects the ::.:r.ey. ';0 s-,--~::,~ze, }I:. S::-.:~~_ said that :::-:~-: :~~1~ens ~!". :'.l?ertlno ar,= :-..ot æ:.ga1r.s: :_.._~ :-ate 1n~~~:;-: :-...:: are c:u~:= lr..tereste=- ~. g-::";t1ng added so:;:- ~:e fer t:-.e ~-=-:::_~s at:~ ~~~:-.~5 fror:1 the~:" "";:-0 sq. ~t. ::'ê.:"..: :_~ ~. :ounci:~.....:.:: ~cel a5~:eè. .,~. :~~ant1.# "::.. ~:; ;;0 alo:"~ ,,1~:-. t.he 1:1.75, ::.~_ ·...a impose ~:-~.-... = lawr. cl~;::'::':1,;3 p1cr:up ::::ce a :.::ntr.,:, =. ~:usant~ ~::.::"'~ :-~s compar..:\- .:::.¡ld not do -;:-.~s at -:.he $:. -:: :·~~'..lre. CNUTE :.=.::;:. \suppl1.::e::'~: '::: rranch~s2' Koved =:.- ::o=cl1man 51;:..œ~, s.econded è:.t C0unc11r.-.an ~;œl, to have, t~_e =:'~y Staf1" lc~£ ~::; the poss~Hl1ty of nesot1at10ns ~or tr~.~, ;::k-up, to ~ ;:a~ for only ~:r those who use ~t, .1nce ~: ..:~d be ur.t'a1: ':0 1:::pose all :'-lpertino c1tlzer-a with the ad~e~ : :st 11" they ~= ',: use the ext!'a service.) Mot1.= :.arr1ed, 5-C Jlcved ty = :-:.cl1man De~..e:- that the ?!'~r.chise be awa:-ded to Los Alt:!-:~ertino G=~ge ::0. 1"or 1:> :;ears at the rate ~reas=~ ~: $1.75 1"or ~ =-yea:- perioè.. to be renegotiated '!J7 the ::::::tcr ~nd t:-£:~~7 .:.t the er.:: cf 5 years. 'tb! Clt¡ _'_~::rney adv~ that thls was ::1a1;erlal and could cause a :~=~:h of co~~~~_ --'- The :n:~~::-: .as witl':d~VI: by Councilmar. Dempster. Moved :::c :~"JI1cllman Sto;œz¡, :;econJed by Councilman Fltzgerald, that tt." :~anchise be awa..-1~d co Los ,Uto:i-Cupertlno Garbage Compar,¡ ~:~ a lO-year c~n~¿ct, for $1.75 for the next 5 "..ars a:>:: that the <.cnt='act also carry a 5-year optlon clause and ar. a.::..-:ual au11t or gross revenue. AYES: BOES: :=cllmen Dempøter. Fltzgl.'ra1d, Noel, Stokes, Pinch S::Iœ Rot1oc~led, 5-0 T.U œDINA!'=~ J..'ID RESOIæXœs rœ ADOPTIOS A (¡¡mIN:.N:3 SO. 305: ñ.ezor.1ng propert.~' ct I. K. Ish1matsu trom R-::3-2 to PO-H; 2.7 acres, west side of Miller Ave., 1000' s='.1th of Stevena Creek Blvd. Second Reading. Moved t7 :::uncllrr.an ~øt;:E~er, secor.ded by Councilman Stokes, to hav~ .::-c~nce No. 3C5 read by title only ~o~1~ carried, 5-0 This "='.5 ':'::-..e by tha :~~7 ;:¡erk. Moved :::: ::u.n.::ilmar. 3t:;;œs, seconded by Councilrr.ar. :ìe:::¡:ster 'that ~:::':-..i::ce No. 3:'5 t-e e:-..acted. ;'YES: !/OES: : c-.;::: illl'.en .....,ø--c::-::.- ~--1""---- , Fitzgerald, Noel, Stc~es, :~~:h ::.:::~ :~~~~== ca~~led, 5-J - ORDIK.':.:~:Z :~:. OC2(c--: ¡: r:.;';Æal proce:'~e fo:- US~ F~:,,-:-..~..':s. 5ecor..c. ?:!:'~nG. ~~oved =::- :::.;r.cllma:: .:.'::._~_, ~E-:;c.:è·::l t::: C01..:..."1c11::,2.:". :'~~;5':~r, 'to ha.\"-= ~:-':'~:"'.ance ~;:. ::~ a-:ì !'e~~ 1':. ...1.tle onl~·. :.::w: ~~~ ':a:,:"1cd.. 5-0 This Ì'í:'': ..:.::-.-:! b~~ ::.::: ..:~'";:- __.c:;;:'Á. ~oved ::; ::: ''':':;'C1 lrr.ar. :...:=~~-:~:".. secondc.5. ~/ COUl:c11~..ar: St -:.~es.. that .:':-::":-...l:--..=e No. ::2:=--:') ~e enn.cte"~_. AYES: ::~~:11men ~e~5~~~, ?itzsera1d, ~oel, St~E-es, ?lr.~h NOES: ~;:" _:~ ~C~~=~ ~arrled. 5-0 4)JQ),'J;)fA)i.'"E.)I(). 3()1>: :'ppr=1r~ the Annexation of Certa1:'. Contig¡;.:::..s ¡;ninhabit..,=· 'rerrltor;¡, Designated "¡~rce~es 54-5, Revlsed' :: "the City o~ ~rt1no in ;'cccrdance with the Provis~:~.s :of S..ctlc::. 353::>0 et seq. of the Gcverncer.t C:>:1e 01" the Sta:~ ::' CaU1"orr.a. Se::ond Readlng. Moved 1::; : :'mcilman ::.e-;;~ter, secor.ded by Councl1r:an StoE-es, to have ::--:i~!'.ance N:>. 3~ :-ead by titJe O:1Jy. Mc:icn ca:-:-ied, 5-0 -9- Th1s wa~ dore by the ~1ty Clerk. Moved by CouncllD'an Sto;:e:¡, seec·"dcd by CNuwilman Noe;!." that Ordinance No. 304 be <:r.acted. AYBS: NOES: Councilmen Dem~~ter, Fit~=erald, Noel, Stokes, Finch None Motlon carr1ed, 5-0 D amINANCE NO. 302: RezoLir.g propert;r of Angel D1az 1"rom R-3-H to C-l-H; one-fourth 01" an acre, approÁlmately, north side ot Stevens Creek Blvd., 408' west of Vista Drlve. Second Reading. Moved by Councllman De~pster, seconded by Councilman Stokes, to have Crdlnance No. 302 read by title only. Councilman Fltzgerald asked if we have the dedication yet. He was told that we have. P.e then said that this property Is up for sale already. He wondered if the applicant propose: to build the bulldlng he presented to the COlli~cil. He felt we should ~sk the appl1cant to come to the next Council =eeting and tell us what his intenti~ns are. Chair~n Gates said tr¿t the opinion of the Plar~ing Commissi, is tlmt to zone cOD'r.~r~lally a 50' wide piece of pr~perty on ~tevens ~reek Road will n~t contribute to a co~blned co~rci, de.elopment on the Blv~. It was their fee'ing it would have been better if tM_s p!'~?€rt;; o>mer had gottC:1 together with his neighbors and co~e in tc~ether with a plan. :·:a;¡or Flr.~h said he a:::~;¡s t:::,1es to justify land ¡;.se rather t~4n co~sid~r Indlvlaual pla~s òecause too ofter. ~r~t gets built dces not look,,: ,,11 11:-:e the plan~ presented to the :ounc1l. r.e tee Is ~-_-~ := p~oper zoring alor~ Ste.ens Creek Blvd. ~~e City ~ttorney advised that if we grant co~~ercial zoning en this p:.'cpert~l ar.è. ~::-::::: :':-;,:::~dc it 1s not [-rQper use of the pr~perty we can revc/.~ t~~ zonln~. C~·x;.cl1¡.~r. Dempste~ sal1 he 1s not 1n favor c~ C0i~~ ahead ~ith this LTdlnance be~ause he does not feel it is in goed ~alth. If the applica~t haj come in and asked for rez~ning o~ the st:::'ength of its locatlon rather than delibe~ately o1sleadir.g the Council t;¡ p!'esenting plans for d, 'lelop~nt o~ the property, it would be a ditferent story. Chairman Gates quoted portior~ of Mr. Richarf Foust'R state- ments from the January 25th Planning Conrn1ssion Hlnutes. The appllcant stated he r~d specific development plans and eve had u possible lessee already. Councilman Stokes said he could think o~ several cases where what was proposed was r.e'ler built. He No~dered if a time I1mitation should be 1=~~3=~ on these ~onings. Mayor Finch repeated tr.at he felt this "as good ]a:-.d use. He f'elt H-Control would de~ld~ ~. th t i d 1 t - - n:.e er or no 1;s e'le opmen plans are proper. -........'- - Cour.c~l:mn Noel Celt the ::ouncll did not have enough facts at t::.:'s t1œ. Cou:-.::11mn Dem~5ter won~cred if ;,crl.a?s the zoning snould not Mve been gram.ed at tic.l.s t1l::c, ;-_O?1ng the landowners would get together alX! cc.me forth w1t¡1 a lar¿;er Jevelopment plan. CouncUmn Deçster f'eels _ we would be encouraging people to come bef'ore the Councll with plar.s, etc.. whiCh they have no 1ntentl'Jns of' f'o11owing through with. 1f' thls goes through DOV. U tbe~ want rezoning, 8t'rlct17 on the bad8 of' locatlon. then that 18 what the7 should present to the Council. Moved by Councll111an Noel, secorded by Councllman Fitzgerald, to delay the Second Reading or Ordinance No. 302, and turn it bac:.c to the Clt7 Star1" to 1"100 out the intent 01" the app:!.1cant. AY"-S : NOES: Councllmen Dempster, Fitzgerald, Noel Councilmen Stokes, Finch Motlon carried, 3-2 E ORDIX~~CE NO. 303: Recreating Park & Recreation Commission. Secor':: Reading. Mov~~ èy Council~r. Stokes, seconded by Councilman Noel, to have :'!'dinance ~;o. 303 read by title only. ~"otion carried, 5-0 Thle .as don,; èy the C1ty Clerk. Move~ :, Cour.cil~r. Stokes, seconù~d by Councilman Noel, to enac~ :rdinance :¡:. 303. AYES: NOES: ~cuncil=er. ~e~?ster, Fltzgerald, Noel, Stokes, Finch ~¡one ~"ct1on ccrriol:, 5-0 F ORDI:;,';:;~=: NO. 20J:a): Amending Ordinance 200 Relating To The Sale :: FireworE.s. Urgency Ordinance. Ordir~~.::e No. 200(a) was read by the City httorney. The City Manager said the Cupertlno Optimist Club should be inse!'ted where it now reads ·Cupertino Variety. It Moved by Councilman Noel, seconded by Councilman Stokes, to enact Crdinance No. 200(a), amending Ordinance No. 200. AYES: NOES: Councilmen Deçster, Fltzgerald, Noel, Stokes, Finch Xone Motion carried, 5-0 ".i'III PAYIS':; BILLS A Resolutions No. 1~3 ~rA 1074. -11- ~eso¡ut1~n No. 1073 ~as read by Counc1lman P~tzgerald. ~oved by Counc11~~n De~?s:e~, 5eco~~~è by Cour.c1lman Noel, to adopt Resolution ¡¡o. 10':'3· AYES : t¡O~;;: Counol1mer. D.empsto:r, Fitzgera::'", Noel, Stokes, Finch None Motion c2.!'r1ed, 5-0 Resolut1o:l No. 1074 was read by Treasurer Fitzgerald. Moved by Counci1i1&n Stokes, seccmded by Ccnmcllaan Noel, to adopt Reao1ut:s..-.n 110. 1071;. AYES: NOES: COW1cl1men !Jempster, Pitzgerald, Hoe1, Stokes, P1uch None Motion carried, 5-0 IX REPORT OP OPPICBRS A REPCRT OF CITY TREASURER He had nothlng 1"urther to rep:!'t. B R=:?C"T OF CITY W.!¡';GER 1. :.e¡;islative 3ills. :~.e League of California Cities req'.lests the cities send i~ a letter wit~ their !'~oc~er~atio~ to support or not ~: support t~e :~lepho~a ~~ ~ieu Tax (SCA l7). ::=cilrnan Lempster ;<a!'.tej to put any action on this over ~: 7he next ~eti!'~ to give the Ceuncilr.~n ti~ to study :ts ~am1f1cat1~r~. ::. G. R. Mutz, 1650 War~~tc~, Santa Clara, said he :-ep:-el'ented Pacific Telep::::-.e and Telegraph Company in ~~ls area, arA he urged t~e Council not to support such ~::ion. He gave statistios ~o back up his arguments. 2. :e ~~=a Develop~~t ~o~r~~. T~e eff-site i=p!'ove~~nts would include t~e entire wldth c~ Stevens Creek Blvd., Séelling Road and McClellan Road. :~eJ plan to start work ir. ';ugust, after the crop has èe~n harvested. In order tù program this, L.I.D. has èee~ proposed 1"01' all of S~ève~s Cree~ Blvd., all of Y..:::lellan Road and all of Stelling Road, to har.dle the i~.::!'eased traf1"ic generated from the Collegp.. 7!'-.e City Manager sald Dr. ?llr.t has asked for a soil ar~lysls a!'~ a~ appraisal. essence 1n this matter. that the City T1.':1e 1" of pay ~,,~ .....- Cc~.~~lman De~pster ~~¿eG if ttere would be any actual cut-cf-pocket expe~~~ to the C:ty. ~h~ City Manager said there would not. -12- I \ 1 ,~ j i :ouncllman F1t~5erald a3ke~ if this would al~o include tte College rlght-or-w~y. ,- ~. &utler, Dean of Services of the College, aald they are trying to accelerate this program. He was under the laapresslon it was the College that was underwrlting the soil ana:qB1a and the ap?ra1sAl. He said, the sooner the pro,foct get. going the sooner the Clty will enjoy its benefits. . ¡~ Ii , ~' ~,. . It IIIIS establ1abed the area in front of the park w111 be the C1t7's re.pI)I'.81b1Uty. ô:ba1r1llan Gates said there is a very good op~rtun1t7 here for the ~1t7 to /lave some mature trees; one row of them ls almost in 11ne with the center 11ne of the street. He asked If Stevena Creek, at this po1nt, wl11 have a median strlp. The City ".anage~ said tt'.&'.; it would and that he wll1 certainly look into the possibl11ty 01" saving these trees. ~oved ~y Counc1lman Noel, seconded by Councllman Dempster, to direct the Clty Manager t.:> 1nform Dr. Flint of Foothill college, that the City of Cupertino wl1l ~¡ve their full cooperation In programmir.g thls L.I.D.. 1nclt1d~ng the entire width 01" Stevens Creek Blvd., Stelling Road, and ~:cClellan Road. Our City ;'ttorney will review all =a~ters concerning this L.I.~. along with the College's 3, ttorney. :r.airman Gates asked if the Planning Co~.iss1on could be i::volved ir.. tr.~s. He \:as E;lven a negative õ.ns\..¡er. :':ctlcn c:::.r-:~ied, 5-0 3. ~ld PuClp ar.d Water COl"l:rJ: at :,!ann Station. 7he Water Ce~issio,- ~s ~è:c~en1ed the City dispose of ~~. The C~t.:; ~r..e.c:·:::' !'\.:ls :_.s~:èè. several rar..chers if they ftould be 1nte!'eated in i~. ¿oc~ i!'dicated they might be ~f the City would take It ~~t, which would be of con- siderable exp~~sc. 'estern Pu~p t.as offer~d ,~5:) fer it ar.d tt.ey will take It out. The Clty ¡·!anaser !'eco:r:"!ended \:e also "thrOW in" tt'Æ old vertic Ie pu~p at Stelling and McClellan and ~e ftill cap that well. I' ¡ Sc moved, by Councilman De:r.pster, _'econded òJy Councilman Scel. Motion carried, 5-0 4. Accidents at Podrigues and Saratoga-Sunnyvale Road. It seems that we average about one accident a day at this spot. The City Manager asked the Council to authoriæ a tratfic study for this intersection. So moved, by Councilman Noel, secor.ded by Councilman F1 t zgera Id . ~otion carr led. 5-0 -13- 5· 7he C1ty !4ani1::;er :>ug¡;e3 ted that t:.ere shouM be some l1a1sor. bet...een t:1e City Cou:;cil and t;-("' City Eall Architect. Moved by C(;\;,,:~i'1.tT'.3~~ J.:r. iJste~, ~ecor.ded 't-y councilman Fitzgerald, to have the Cit~ ~~nager act as the liaison between the City Council and the City Hall Architect. Motion carried. 5-0 6. The 1mpr'OYement 01" the street on Nc,rth Blaney 1s pract1ca117 completed. 7. Mob1l 011 bas requested rel1ef trOUI the requirement 01" a 1118sol11"J' _11 between their propet'ty on ~tevena Creek Blvd. and Stelling Road and the' adJoin1ng R-l on the basls that it will soon be rezoned. The City Manager recommended a wood fence wauld be adequate in this case. Moved by councilman Stokes, seconded by CouncUman Dempster, to el1m1nate the stipulation that a masonry wall be cc.n- structed between the comcerclal and the R-l for the Mobil station at Stevens Creek Blvd. and Stelling Road, but that the standard masonry wall is to be built if, at the end of one yea~, the adjoining property has not been rezoned. :.1ot ior. ca~rled, 5-0 8. Refnart; C:"~e? ':;1.11vert. It has b€e~ ~stablrš;~j th3t t~e Fra~~11n-Wlr.à3cr t'_ ~1r _ ~evelo~~~t :o~~riy's p~!'t1or. of the cost of this \.L-....:;- .........t-D :ulvert ~i~:?6ù.00. ~ / \.:...-~- (i -\ :,:oved by :ê~,,,U:r.ar. r:.."..pster, sec~r:,t.d by Councilmar. ,. ~~<'J' Stokes, te a'..:.tr.orize the City :,lar",ger to accept the ~~,~ $7,360.00 fro~ Frar.kli~-"ir.~sor Development Company in ~ i: . conjunction with t!." Agree:r.ent. ~ï=-S: Cour~l\~en ~e~pster, Fitzgerald, Noel, Stokes, Finch ~;CE.S: NCr'_e :.Iot ien "ar:-ied, 5-0 9. :cncrete curbs south of Calabazas Creek. 1~ front of Fcntainbl"u. ~~ur..cl1C18n Stokes asked 11' the irrir,,,tion is in the median strip here. He was told that it is. Cost estimate for these curbs is $l,500. ~eved by Co~.=ilman De~pster, seconded by Councilman Fltzgcrald, to authorize the City !-lana.;;el' 's Office to obtain bids for this job. Motion carried, 5-0 C REPC'RT OF CITY E!¡GI!ŒEF, 1. Tract No. 3l2ð, Blossem VleW South (!f,¡ corr.er of Elaney Avenue and ~errit Drive.) -14- It was the !'eco~n1atien c~ the City Enginec~ to authorize the City Engineer to info:-:: the developer and his bonding company that the i::oprove~r.t bonds œy new be reeiretJ. So moved, by Cour.cil=an 1e=pster, seconded by Councllman ~toke8. Motion car~led, 5-0 2. Tract No. 3322. Deep Cliffe Estates, Unit 2. It was the reco~:1Ciat1on ot the Clty Engineer to adopt Resolution No. 1078 accepting gra:.t ot easement from Deep ClUte Development. So moved. b)' Councilman Noel, seconded by Councilman Dempster. Motion carried, 5-0 3. Angel Dia? property (north side of St~vens Creek Blvd., 400 fe~t west of Vista t:ive.) It was the rec~~r~ation of the City Engineer to adopt Resolution No. 1075, aocepting roadway dedication from Ar~~l Dlaz, et. .~. (;ouncilman Stokes s:.iJ this "ould t"! incensistent with pr~vlous Cour.cl1 ~ct~~~ a~ ~~ls mect~~~. ~oved by COQ.c11~2n ~2~pste:', seconded ty Council~an Fltzg~rald to t:;t:e t::~s ~ten:. :~:~1:~ ~~:.~!~jJ 5-J D REPC::T CF CITY ;:~TÇ?,;;~Y The ~1ty Attorr.ey state:' ::e r":1S :'~vle·.-:e;i tr.e CC:1tr3.ct with !'.r. ?less1ng fe!' U:e .::1t;; :DE. E REPC:iT OF THE BU¡W¡::-} I:;3?E~T-=~ He had nothing to report at this t1:>e. F REPO¡:¡T OF THE RECREATION :lREC':CR He was 111 and could not atter~ this Cleetir~. G REPŒT OF CITY PLA.'-mER 1. The Cluster Ord1r~r.ce was passed by the Planning Commission. As soon as it ~~s been retyped, it will be distrlbutea to the Ccun~il. Public Hearings c~uld start Apr1J. 5ti:. So ~oved by Ccun~il~n ~e~rste:', seconded by Councilman Fitzgerald. ~oticn carried, 5-0 'C- -"'J- 2. Loo~::.)leg have tur.-.ed up 1n the \p.ütlple dwelling crc:.~-=~.ces·. Tw. ¡-:zr.:¡lng Com~sflon hns 1s~5\:.eda :"lnute Orde~ request1ng the City Councll free=e tbis before sonec::" makes use or these loopholes, to tee detrlment of tje city. The Ci~y Plawor suggested a time limit be p¡aced on app1Lcatlons cOI~r~ 1n 1"ro~ toda7, on. Moved by Councp_n DeQpster, secor.ded by Counc11ø.~ Noel, that as ot tb111 da1;e. any new appl1catlona \lD4er R-;:-H, R-2_-H, rezon1l!S alii! tentat1ve aaps, ,,111 be U]).1ect to the re"la1on nOlI' be1ng made at the Plann!Dg Coaa1!!s10n level. Cauncll1Dan Noe1 reca-sted a copy ot the OrdbIances as now read. ~s.on carrled, 5-0 3. Chairan Oates 1JIt;iated a Minute Order suggest1r.g the 1"ree~y perlpher"J' g1ves the 1mpresslon ot a clty to passersby. Th18 œ. a material value to tt.e citizens of Cupe!'t1no. Th18 JUnute Order was triggered by the appli- cation for use of land next to the freeway and the corpcrat10n yard, fc:- a welding supply company. The Plar:.i~ Commlss1on 1"eels the ~ity Councl1 should consider rel:-:::;.ting the c",.'?:)ration yard bt:cause at this point the free"',,~' rises ar.= ~t ..ould be quite di1"tlc·..:":; to hide the =:rporatio~ j~:-= ...ith lar:~sc~~ing. T!:e :~:y Manager 1!"~1. he has been lookir.¿ ~:!' a suitable lo~"~::: 1"01' the c:r;cration y~rd for 4 ye,,!'s a~ still fet -.~ : his 1s it. ::E feels it can be ef~e:": ~ ve::¡ land- sc~p¿~; the rree~~7 :5~'t s~t£juled to g~ =J here for 10 :;~::;.rs and by ":;:-¿":; ":;l::.e, the trees ar.à sc:·~ts will be t'2::o,:,:'e:' . C:'~.: ~:::,.an Stokes ~!:.i~ he understood that ~~ it was de.::1iei this was ::~t ~roper \òSe of the ;;rc~"rty. that It ::~:j be sold ty the Clty arñ a new lcc,,";~cr: 3e~ht. r-~~''::- ?inch re~;~:' ";he Cour..c~l that the ":-;f:1te :orpora- tl:~ ,~rd will be Y~ere Stever~ ~reek Fr~e."7 =eets Ste.~~5 Creek Bl.:. Cha~r~z~ Gates a:-~..ed that if the corporat~~:: yard goes in ~."re it opens t:-..e ::001' for ~ther, si~la!' uses. Tr"? :1'::; ~.3nager s,,~j we II!U3t have the se:-'õlce centrally leca~;~ and he car_-~t think of a better :ec"tion for it. Ma:;c~ ?inch felt t!".at, pr1mar..ly, it is r.c·... It is treated that !'~ally '::ounts. Properly landscaped, It does not have t: be an eye5~~~. Cour.:l1~n Stokes felt the Pla~~ing Commission was just:~~ed in requestlr~ a study on relocation of the City's ccrp:~::;.tlon yard. -16- z U1~FIN:.3:~ ?JSlNESS A. CO\IDC~:::':¡':' Noel Hanté!:i ";:: ~:...ow if ';::ere has been a replace- ment f::- ':h.z vac:wcy = ";:.~ ·...ater ~~::mls:;ion yet. f.e was told t~s has not beer: ::c::e as :.~;;. B. Councl1::ar. StC\ {r - ja1d. aJ5 tar as he could see. notb1.ng has been dc::e to deal. up ~be property by the 1"reeway and B1aney. This was referr;¡;i to ~be City Attorney. XI HEW BU~~ .A Mr. Ral¡;h Beasley 15&14 Ma area was generally opposed to the service stat10n at MeC1ell.an and &bb Road. Now a survey has been ca:'e asking the res14ents 11" they would sho;> at this corner ~ a shopp1.ng ~i'5trlct were developed here. The Cl':;; Planner said the area south 01" McClel1an and east 01" Bott ,,;:ad has a f'lve-a::re parce::' zoned comcerc1.al. X=I ADJOUP-~.."r !l.oved ty :<'uncilman S";c;æs, seconded by Counc~:=r. :,001, to aG.Jour:-. ~: a persor:.e: session at 10:115 P.M. ,.--. -- ~ÞJ____ ca~rled, :;-'v ~oved :; :c~c11~~~ S~:~ seconded by Counc11=a~ 3to¿es, to adJour:- ~~.e ,reetin¡; __ :: :;0 P.M. ;'.?PROVE;; : Isl Paul H. ?~r.: ~. :>Iayor ,~~. r._ .__ . " ý 1... . .. '.1..-...- , t.,..(,.~.1. , - -- \ llh l--<. City C:,,:-;:: -;"7-